Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2008 - Makes appropriations for FY2008 for the Departments of Commerce and Justice, for science-related programs, and related agencies.
Title I: Department of Commerce - Department of Commerce Appropriations Act, 2008 - Makes appropriations for the Department of Commerce for FY2008 for: (1) the International Trade Administration; (2) the Bureau of Industry and Security; (3) the Economic Development Administration; (4) the Minority Business Development Agency; (5) economic and statistical analysis programs; (6) the Bureau of the Census; (7) the National Telecommunications and Information Administration, including for grants for public telecommunications facilities planning and construction and for construction of broadband services; (8) the U.S. Patent and Trademark Office (USPTO); (9) the National Institute of Standards and Technology (NIST), including amounts for the Hollings Manufacturing Extension Partnership, the Advanced Technology Program, and for construction of new research facilities; (10) the National Oceanic and Atmospheric Administration (NOAA), including transfers of funds, and an amount for procurement, acquisition, and construction of capital assets; (11) restoration of Pacific salmon populations; (12) the Coastal Zone Management Fund, including a transfer of funds; (13) the fisheries finance program account; (14) departmental management, including for the Office of Inspector General; (15) the renovation and modernization of the Herbert C. Hoover Building; and (16) the National Intellectual Property Law Enforcement Coordination Council.
(Sec. 101) Allows Department of Commerce funds to be made available for certain functions and activities of the Department and for advanced payments not otherwise authorized upon the certification of a Department of Commerce official that such payments are in the public interest.
(Sec. 102) Authorizes funding for hire of passenger motor vehicles, for services, and for uniforms or allowances.
(Sec. 103) Restricts the transfer of current fiscal year appropriations for the Department of Commerce in this Act. Makes special provision for transfers among appropriations made only to NOAA.
(Sec. 104) Permits a transfer of funds to cover certain costs incurred resulting from personnel actions taken in response to funding reductions.
(Sec. 105) Extends through 2009 the authority of the Emergency Steel Loan Guarantee Board to make commitments to guarantee any loan to a qualified steel company.
Authorizes funding for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee Program.
(Sec. 106) Prohibits the use of any funds under this Act to register, issue, transfer, or enforce any trademark of the phrase "Last Best Place."
(Sec. 107) Authorizes funding for food expenses for certain trade negotiators when sequestered.
(Sec. 108) Authorizes the expansion of the Department of Commerce personnel management demonstration project to involve more than 5,000 individuals and extends such project indefinitely.
(Sec. 109) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to eliminate the Department of Commerce Technology Administration.
Amends the National Technical Information Act of 1988 to require the Director of the National Technical Information Service to report to the Director of NIST (in lieu of the Under Secretary of Commerce for Technology).
(Sec. 110) Authorizes the Secretary of Commerce to promulgate safety and health standards or regulations for scientific and occupational diving within NOAA.
(Sec. 111) Authorizes NOAA to engage in activities for the completion of its Pacific Regional Center on Ford Island, Hawaii. Authorizes appropriations.
(Sec. 112) Authorizes the Secretary of Commerce to conduct a voluntary capacity reduction program to remove all commercial fishing in the Papaha-naumokua-kea Marine National Monument area prior to June 15, 2011, and directs the Secretary to promulgate regulations for that purpose. Authorizes appropriations.
(Sec. 113) Authorizes additional funding for the NIST Building 1 Extension.
(Sec. 114) Limits the authority of the Secretary of Commerce to acquire satellites for NOAA by requiring a certification of the technology and value of such satellites.
(Sec. 115) Requires the Director of the Bureau of Economic Analysis of the Department of Commerce to contract with the Council of the National Academy of Sciences for a study of investment in intangible assets. Requires the completion of such study within 18 months.
(Sec. 116) Requires the Secretary of Commerce to contract with the National Academy of Sciences to study whether the import price data published by the Bureau of Labor Statistics and other federal government economic data accurately reflect the economic condition of the United States.
(Sec. 117) Authorizes the Secretary of Commerce to develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing and take appropriate action against the vessels and vessel owners on such list.
Title II: Department of Justice - Department of Justice Appropriations Act, 2008 - Makes appropriations for the Department of Justice (DOJ) for 2008 for: (1) general administration, including for information sharing technology, conversion to narrowband communications, administration of pardon and clemency petitions and immigration-related activities, the Federal Detention Trustee, and the Office of Inspector General; (2) The U.S. Parole Commission; (3) legal activities, including reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986, antitrust enforcement, the Offices of the U.S. Attorneys, the U.S. Trustee Program, and the Foreign Claims Settlement Commission; (4) the U.S. Marshals Service, including for courthouse security equipment, construction, fees and expenses of witnesses, the Community Relations Service, and certain uses of the Assets Forfeiture Fund; (5) the National Security Division; (6) interagency crime and drug enforcement; (7) the Federal Bureau of Investigation (FBI); (8) the Drug Enforcement Administration (DEA); (9) the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); (10) the federal prison system, including for the construction of new buildings and facilities and the Federal Prison Industries, Incorporated (subject to certain limitations on administrative expenses); (11) the Office on Violence Against Women for violence against women prevention and prosecution programs; and (12) the Office of Justice Programs, including state and local law enforcement assistance, for necessary expenses to implement the "Weed and Seed" program, community-oriented policing service (including a transfer of funds), juvenile justice programs, and public safety officers benefits.
(Sec. 201) Prohibits the use of funds appropriated by this title to: (1) pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape; or (2) require any person to perform or facilitate an abortion.
(Sec. 203) Reaffirms the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside a federal facility.
(Sec. 204) Restricts the transfer of current fiscal year appropriations for DOJ in this Act. Makes special provision for transfers among appropriations relating to the federal prison system.
(Sec. 205) Authorizes the Attorney General to extend through FY2009 the Personnel Management Demonstration Project without limitation on the number of employees or the positions covered.
(Sec. 206) Extends certain authorities for FBI and DEA undercover investigative operations to ATF.
(Sec. 207) Prohibits funding to transport a maximum or high security prisoner other than to a prison or facility certified by the Bureau of Prisons as appropriately secure.
(Sec. 208) Prohibits funding by federal prisons to purchase cable television services or equipment used primarily for recreational purposes. Allows such services for equipment for inmate training or for religious or educational programs.
(Sec. 209) Subjects any deviation from the amounts designated for specific activities in this Act to the reprogramming procedures established by section 505 of this Act.
(Sec. 210) Amends the Consolidated Appropriations Act, 2004, to revise the membership of, and means of providing support to, the Alaska Rural Justice and Law Enforcement Commission.
(Sec. 211) Requires certain fines imposed upon bankruptcy petition preparers to be deposited into the U.S. Trustee System Fund appropriations account.
(Sec. 212) Revises the fees schedule for disbursements in a Chapter 11 bankruptcy case.
(Sec. 213) Requires federal reimbursements to the District of Columbia for felons and recommitted parolees to begin no later that the date of sentencing of such felons and the date of the commitment of such parolees to prison.
(Sec. 214) Prohibits funding for U.S. Attorneys who are assigned dual or additional responsibilities by the Attorney General that exempt such U.S. Attorneys from applicable residency requirements.
(Sec. 215) Restricts funding for the FBI's Sentinel program until the FBI reports to the House and Senate Committees on Appropriations on the results of a completed integrated baseline review for that program. Prohibits funding for future development of the program until the Attorney General certifies to the Committees that certain performance measurements have been met.
(Sec. 217) Makes adjustments in funding levels for DOJ Justice Information Sharing Technology and Juvenile Justice Programs.
(Sec. 218) Reduces appropriations for DOJ general administration. Increases appropriations and specifies certain funding levels for violence against women prevention and prosecution programs.
(Sec. 219) Requires the Attorney General to submit quarterly reports to the Inspector General on the costs and contracting procedures for conferences held by DOJ in FY2008 for which costs exceeded $20,000.
(Sec. 220) Limits funding for certain DOJ conferences.
(Sec. 221) Authorizes the Attorney General to increase in FY2008-FY2012 U.S. Marshal positions to work on immigration-related matters, including transporting prisoners and working in federal courthouses. Authorizes appropriations.
(Sec. 222) Requires the FBI Director to report to Congress on background checks.
(Sec. 223) Provides authority to public or private institutions of higher education to grant student loan financing or forbearance to federal or District of Columbia employees who are current or former students of such institutions.
(Sec. 224) Rescinds certain unobligated balances available for the DOJ in prior fiscal years.
(Sec. 225) Increases funding for FBI analysis of DNA samples. Reduces funding for the Advanced Technology Program under NIST.
(Sec. 226) Requires the Attorney General to make funds available to expand Operation Streamline across the entire southwest border of the United States to control illegal entry across the U.S. border.
(Sec. 227) Increases funding for hiring 200 additional assistant U.S. attorneys for prosecution of child exploitation crimes.
(Sec. 228) Native American Methamphetamine Enforcement and Treatment Act of 2007 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include territories and Indian tribes as eligible grant recipients (or reaffirm that eligibility) under the programs to: (1) address the manufacture, sale, and use of methamphetamine; (2) aid children in homes in which methamphetamine or other drugs are unlawfully manufactured, distributed, dispensed, or used; and (3) address methamphetamine use by pregnant and parenting women offenders.
Title III: Science - Science Appropriations Act, 2008 - Makes appropriations for FY2008 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA) for science, aeronautics and exploration research and development activities, and for the Office of Inspector General; and (3) the National Science Foundation (NSF) for research, equipment and facilities construction, education and human resources, agency operations and award management, the Office of the National Science Board, and the Office of Inspector General.
Requires, for FY2009 and hereafter, NASA to provide specific information in its annual budget justification relating to proposed funding levels and estimated budgets for the next five fiscal years.
Title IV: Related Agencies - Makes appropriations for FY2008 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the International Trade Commission (ITC); (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the Office of the U.S. Trade Representative; and (7) the State Justice Institute.
Prohibits the use of any funds available to the EEOC to operate the National Contact Center.
Prohibits the EEOC from taking any action to implement any workforce repositioning, restructuring, or reorganization until notice of such actions is given to the Senate Committee on Appropriations.
Title V: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 501) Requires the Departments of Commerce and Justice, NSF, and NASA to provide the Senate Committee on Appropriations with a quarterly accounting of unobligated funds available to those agencies in any previous appropriations Act.
(Sec. 502) Prohibits any part of any appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided in this Act.
(Sec. 503) Limits expenditures for consulting services through procurement contracts to those contracts where expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law.
(Sec. 504) Provides for severability of provisions of this Act if certain other provisions are held invalid.
(Sec. 505) Prohibits any reprogramming of funds that creates, eliminates, or otherwise affects any existing programs, unless the Senate Committee on Appropriations is notified 15 days in advance.
(Sec. 506) Prohibits the use of funds for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for NOAA in shipyards located outside of the United States.
(Sec. 507) Renders any person who mislabels a product sold in or shipped to the United States as "Made in America" ineligible to receive any contract or subcontract funded by this Act.
(Sec. 508) Permits a transfer of funds to cover certain costs incurred resulting from personnel actions taken in response to funding reductions.
(Sec. 509) Prohibits the use of funds under this Act to promote the sale or export of tobacco or tobacco products or to seek the removal of restrictions on marketing of such products.
(Sec. 510) Prohibits funding for the implementation of: (1) any user fee for background checks under the Brady Handgun Control Act of 1993; and (2) any background check system that does not require and result in the destruction of information submitted by an individual certified as eligible to possess or receive a firearm.
(Sec. 511) Bars amounts in the Crime Victims Fund in excess of $625 million in any fiscal year from being available for obligation until the following fiscal year.
(Sec. 512) Prohibits the use of DOJ funds to discriminate against or denigrate the religious or moral beliefs of students who participate in DOJ programs or of the parents or legal guardians of such students.
(Sec. 513) Prohibits the transfer of funds made available in this Act to any federal entity, except as authorized in this Act or any other appropriations Act.
(Sec. 514) Designates the Secretary of Commerce as the U.S. representative in negotiating and monitoring international agreements on fisheries, marine mammals, or sea turtles.
(Sec. 515) Subjects funding for implementing E-Government Initiatives to the reprogramming limits established by section 505 of this Act.
(Sec. 516) Requires the Inspectors General of the Departments of Commerce and Justice, NASA, and NSF to conduct audits of grants or contracts funded by this Act and submit reports to Congress on the progress of such audits. Requires the results of such audits to be made available to the public on federal websites. Prohibits the use of funds for banquets and conferences not directly related to a grant or contract purpose. Requires a grant or contract recipient to submit a conflict of interest statement.
(Sec. 517) Prohibits the use of funds under this Act to issue patents on claims directed to or encompassing a human organism.
(Sec. 518) Requires program managers of projects within the jurisdiction of the Departments of Commerce or Justice, NASA, or NSF totaling more than $75 million to inform department heads of any increase in program costs of 10% or more. Requires department heads to notify the Senate Committee on Appropriations of any such increases.
(Sec. 519) Prohibits the use of funds under this Act to support or justify the use of torture by any official or contract employee of the U.S. government.
(Sec. 520) Prohibits the reprogramming or transfer of funds after June 30, except in extraordinary circumstances.
(Sec. 521) Authorizes funds for DOJ intelligence activities during FY2008 until the enactment of the Intelligence Authorization Act for FY2008.
(Sec. 522) Requires the Offices of Inspector General funded under this Act to: (1) forward all audit reports to the Senate Committee on Appropriations immediately after they are issued; (2) make the Committee aware of any review that recommends changes to any major acquisition project or grant or that recommends significant budgetary savings; and (3) withhold from public distribution for 15 days any final audit or investigation report requested by the Committee.
(Sec. 523) Prohibits the use of funds to implement, administer, or enforce any EEOC guidelines covering harassment based on religion.
(Sec. 524) Prohibits DOJ funds from being used to make a grant allocation, a discretionary grant award, or a discretionary contract award, or to publicly announce the intention to make such an award, unless the Attorney General, Secretary, Administrator, or Director of the appropriate agency or bureau notifies the Senate Committee on Appropriations at least three full business days in advance.
(Sec. 525) Prohibits funding to implement an involuntary reduction in force at any NASA center during FY2008.
(Sec. 526) Amends the National Aeronautics and Space Administration Act of 1958 to modify the authority of the NASA Administrator to enter into certain enhanced-use leases of real property.
(Sec. 527) Prohibits the EEOC from taking legal action against any entity for requiring an employee to speak English while engaged in work.
(Sec. 528) Allocates NASA funding for Teach for America for science, technology, engineering, and mathematics related activities.
(Sec. 529) Requires the departments, agencies, and commissions funded under this Act to establish and maintain on their websites: (1) a direct link to their Offices of Inspectors General; and (2) a mechanism on the Offices of Inspectors General website for anonymously reporting waste, fraud, or abuse.
(Sec. 530) Prohibits the award of a contract or grant in excess of $5 million under this Act unless the prospective contractor or grantee makes certain certifications regarding federal tax liability.
(Sec. 531) ED 1.0 Act - Allocates funds for a pilot program in the National Telecommunications and Information Administration to award nine grants to enable certain minority educational institutions to develop digital and wireless networks for online programs of study. Grants priority to institutions that serve counties with certain minority populations, income and educational levels, and negative population growth rates.
Requires the Administrator of the National Telecommunications and Information Administration to consult with Congress on a quarterly basis regarding such pilot program and to submit a progress report within one year after the enactment of this Act.
(Sec. 532) Requires the NASA Administrator to submit quarterly reports to the NASA Inspector General on the costs and contracting procedures for NASA conferences held during FY2008 costing the government more than $20,000.
(Sec. 533) Requires the NASA Administrator to report to Congress by September 30, 2008, and post on the NASA website, information on the cost of NASA conferences during FY2008.
(Sec. 534) Prohibits the use of funds in this Act for purposes inconsistent with U.S. trade remedy laws.
(Sec. 535) Prohibits funding under this Act for any public-private competition conducted under Office of Management and Budget Circular A-76 for work performed by employees of the Bureau of Prisons or Federal Prison Industries, Incorporated.
(Sec. 536) Prohibits the use of funds under this Act to circumvent any statutory or administrative formula-driven or competitive awarding process to award funds to a project in response to a request from a Member of Congress, unless such project has been disclosed in accordance with the rules of the Senate or House of Representatives.
(Sec. 537) Prohibits the use of funds under this Act to purchase first class or premium airline travel inconsistent with federal regulations.
(Sec. 538) Renames the Implementing Recommendations of the 9/11 Commission Act of 2007 as the 911 Modernization Act.
(Sec. 539) Amends the Omnibus Consolidated Rescissions and Appropriations Act of 1996 to expand the types of aliens to whom the Legal Services Corporation may provide legal services to include aliens admitted to the United States to perform forestry labor.
(Sec. 540) Amends the Immigration and Nationality Act to exempt certain returning H-2B nonimmigrant visa holders (foreign temporary nonagricultural workers) from the FY2008 H-2B visa cap.
Title VI: Rescissions - Rescinds unobligated balances available for Department of Commerce industrial technology services and for Department of Justice general administration, legal activities, and Office of Justice programs.
Title VII: Restitution - Restitution for Victims of Crime Act of 2007 - Subtitle A: Collection of Restitution - Collection of Restitution Improvement Act of 2007 - (Sec. 722) Amends the federal criminal code relating to restitution for victims of crime to: (1) require courts to enter an order for immediate restitution at the sentencing of a convict; (2) allow prosecutors to obtain, without a court order, financial information about a convict who owes restitution; (3) require identifying information about convicts to be included in restitution orders of more than $100; and (4) allow crime victims reimbursement of attorney fees incurred in seeking restitution.
Subtitle B: Preservation of Assets for Restitution - Preservation of Assets for Restitution Act of 2007 - (Sec. 742) Amends the federal criminal code to require courts to issue protective orders for preservation of assets available to satisfy restitution claims.
(Sec. 744) Amends the federal judicial code to provide for prejudgment remedies to protect assets available to satisfy restitution claims.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3093 Reported in House (RH)]
Union Calendar No. 150
110th CONGRESS
1st Session
H. R. 3093
[Report No. 110-240]
Making appropriations for the Departments of Commerce and Justice, and
Science, and Related Agencies for the fiscal year ending September 30,
2008, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 19, 2007
Mr. Mollohan, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Commerce and Justice, and
Science, and Related Agencies for the fiscal year ending September 30,
2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2008, and for
other purposes, namely:
TITLE I--DEPARTMENT OF COMMERCE
Trade and Infrastructure Development
International Trade Administration
operations and administration
For necessary expenses for international trade activities of the
Department of Commerce provided for by law, and for engaging in trade
promotional activities abroad, including expenses of grants and
cooperative agreements for the purpose of promoting exports of United
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas; travel
and transportation of employees of the United States and Foreign
Commercial Service between two points abroad, without regard to 49
U.S.C. 40118; employment of Americans and aliens by contract for
services; rental of space abroad for periods not exceeding 10 years,
and expenses of alteration, repair, or improvement; purchase or
construction of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $327,000 for official representation expenses
abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $45,000 per vehicle; obtaining insurance on official
motor vehicles; and rental of tie lines, $430,431,000, to remain
available until September 30, 2009, of which $8,000,000 is to be
derived from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$49,564,000 shall be for Manufacturing and Services; $42,960,000 shall
be for Market Access and Compliance; $65,601,000 shall be for the
Import Administration of which $5,900,000 shall be for the Office of
China Compliance; $245,702,000 shall be for the United States and
Foreign Commercial Service; and $26,604,000 shall be for Executive
Direction and Administration: Provided further, That the provisions of
the first sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f)
and 2458(c)) shall apply in carrying out these activities without
regard to section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational and
Cultural Exchange Act of 1961 shall include payment for assessments for
services provided as part of these activities.
Bureau of Industry and Security
operations and administration
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of Americans and aliens by contract for services
abroad; payment of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation expenses
abroad; awards of compensation to informers under the Export
Administration Act of 1979, and as authorized by section 1 of title VI
of the Act of June 15, 1917 (22 U.S.C. 401(b)); and purchase of
passenger motor vehicles for official use and motor vehicles for law
enforcement use with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established by law,
$78,776,000, to remain available until expended, of which $14,767,000
shall be for inspections and other activities related to national
security: Provided, That the provisions of the first sentence of
section 105(f) and all of section 108(c) of the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further, That payments
and contributions collected and accepted for materials or services
provided as part of such activities may be retained for use in covering
the cost of such activities, and for providing information to the
public with respect to the export administration and national security
activities of the Department of Commerce and other export control
programs of the United States and other governments.
Economic Development Administration
economic development assistance programs
For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, and for trade
adjustment assistance, $270,000,000, to remain available until
expended.
salaries and expenses
For necessary expenses of administering the economic development
assistance programs as provided for by law, $32,800,000: Provided, That
these funds may be used to monitor projects approved pursuant to title
I of the Public Works Employment Act of 1976, title II of the Trade Act
of 1974, and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
minority business development
For necessary expenses of the Department of Commerce in fostering,
promoting, and developing minority business enterprise, including
expenses of grants, contracts, and other agreements with public or
private organizations, $31,225,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
salaries and expenses
For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$86,500,000, to remain available until September 30, 2009.
Bureau of the Census
salaries and expenses
For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$196,838,000.
periodic censuses and programs
For necessary expenses to collect and publish statistics for
periodic censuses and programs provided for by law, $1,035,406,000, to
remain available until September 30, 2009: 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.
National Telecommunications and Information Administration
salaries and expenses
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $18,581,000,
to remain available until September 30, 2009: Provided, That
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
analysis, and operations, and related services and such fees shall be
retained and used as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided further, That
the Secretary of Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for
Telecommunication Sciences of NTIA, in furtherance of its assigned
functions under this paragraph, and such funds received from other
Government agencies shall remain available until expended.
public telecommunications facilities, planning and construction
For the administration of grants authorized by section 392 of the
Communications Act of 1934, $21,728,000, to remain available until
expended as authorized by section 391 of the Act: Provided, That not to
exceed $2,000,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That,
notwithstanding the provisions of section 391 of the Act, the prior
year unobligated balances may be made available for grants for projects
for which applications have been submitted and approved during any
fiscal year.
United States Patent and Trademark Office
salaries and expenses
For necessary expenses of the United States Patent and Trademark
Office provided for by law, including defense of suits instituted
against the Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office,
$1,915,500,000, 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 section 31 of
Act of July 5, 1946 (60 Stat. 437; 15 U.S.C. 1113) and 35 U.S.C. 41 and
376 are received during fiscal year 2008, so as to result in a fiscal
year 2008 appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2008, should the total amount of
offsetting fee collections be less than $1,915,500,000, this amount
shall be reduced accordingly: Provided further, That from amounts
provided herein, not to exceed $1,000 shall be made available in fiscal
year 2008 for official reception and representation expenses: Provided
further, That in fiscal year 2008 from the amounts made available for
``Salaries and Expenses'' for the United States Patent and Trademark
Office (PTO), the amounts necessary to pay: (1) the difference between
the percentage of basic pay contributed by the PTO and employees under
section 8334(a) of title 5, United States Code, and the normal cost
percentage (as defined by section 8331(17) of that title) of basic pay,
of employees subject to subchapter III of chapter 83 of that title; and
(2) the present value of the otherwise unfunded accruing costs, as
determined by the Office of Personnel Management, of post-retirement
life insurance and post-retirement health benefits coverage for all PTO
employees, shall be transferred to the Civil Service Retirement and
Disability Fund, the Employees Life Insurance Fund, and the Employees
Health Benefits Fund, as appropriate, and shall be available for the
authorized purposes of those accounts: Provided further, That sections
801, 802, and 803 of division B, of Public Law 108-447 shall remain in
effect during fiscal year 2008.
Science and Technology
Technology Administration
salaries and expenses
For necessary expenses for the Under Secretary for Technology,
$1,000,000, to remain available until September 30, 2009.
National Institute of Standards and Technology
scientific and technical research and services
For necessary expenses of the National Institute of Standards and
Technology, $500,517,000, to remain available until expended, of which
not to exceed $12,500,000 may be transferred to the ``Working Capital
Fund''.
industrial technology services
For necessary expenses of the Hollings Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$108,757,000, to remain available until expended.
In addition, for necessary expenses of the Advanced Technology
Program of the National Institute of Standards and Technology,
$93,062,000, to remain available until expended.
construction of research facilities
For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by the
Act entitled ``An Act to establish the National Bureau of Standards''
(15 U.S.C. 278c-278e), $128,865,000, to remain available until
expended.
National Oceanic and Atmospheric Administration
operations, research, and facilities
(including transfers of funds)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $2,847,556,000, to remain available until
September 30, 2009, except for funds provided for cooperative
enforcement which shall remain available until September 30, 2010:
Provided, That fees and donations received by the National Ocean
Service for the management of national marine sanctuaries may be
retained and used for the salaries and expenses associated with those
activities, notwithstanding 31 U.S.C. 3302: Provided further, That the
Administrator of the National Oceanic and Atmospheric Administration
may engage in formal and informal education activities, including
primary and secondary education, related to the agency's mission goals:
Provided further, That in addition, $3,000,000 shall be derived by
transfer from the fund entitled ``Coastal Zone Management'' and in
addition $77,000,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'': Provided further, That of the $2,938,556,000
provided for in direct obligations under this heading $2,847,556,000 is
appropriated from the general fund, $80,000,000 is provided by
transfer, and $11,000,000 is derived from recoveries of prior year
obligations. Provided further, That any deviation from the amounts
designated for specific activities in the report accompanying this Act,
or any use of deobligated balances of funds provided under this heading
in previous years, shall be subject to the procedures set forth in
section 505 of this Act.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents, Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.
national academy of sciences'
climate change study committee
Of the amounts provided for the ``National Oceanic and Atmospheric
Administration, Operations, Research and Facilities'', $6,000,000 shall
be for necessary expenses in support of an agreement between the
Administrator of the National Oceanic and Atmospheric Administration
and the National Academies under which the National Academies shall
establish the Climate Change Study Committee to investigate and study
the serious and sweeping issues relating to global climate change and
make recommendations regarding what steps must be taken and what
strategies must be adopted in response to global climate change,
including the science and technology challenges thereof.
The agreement shall provide for: establishment of and appointment
of members to the Climate Change Study Committee by the National
Academies; organization by the National Academies of a Summit on Global
Climate Change to help define the parameters of the study, not to
exceed three days in length and to be attended by preeminent experts on
global climate change selected by the National Academies; and issuance
of a report by the Climate Change Study Committee not later than 2
years after the date the Climate Change Study Committee is first
convened, containing its findings, conclusions, and recommendations. Of
such amount, $1,000,000 shall be for the Summit on Global Climate
Change and $5,000,000 shall be for the other activities of the Climate
Change Study Committee.
procurement, acquisition and construction
For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,039,098,000, to remain available
until September 30, 2010, except funds provided for construction of
facilities which shall remain available until expended: Provided, That
of the amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made available on a
dollar-for-dollar matching basis with funds provided for the same
purpose by the Department of Defense: Provided further, That except to
the extent expressly prohibited by any other law, the Department of
Defense may delegate procurement functions related to the National
Polar-orbiting Operational Environmental Satellite System to officials
of the Department of Commerce pursuant to section 2311 of title 10,
United States Code. Provided further, That any deviation from the
amounts designated for specific activities in the report accompanying
this Act, or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures set
forth in section 505 of this Act.
pacific coastal salmon recovery
For necessary expenses associated with the restoration of Pacific
salmon populations, $64,825,000, to remain available until September
30, 2009: Provided, That of the funds provided herein the Secretary of
Commerce may issue grants to the States of Washington, Oregon, Idaho,
California, and Alaska, and the Columbia River and Pacific Coastal
Tribes for projects necessary for restoration of salmon and steelhead
populations that are listed as threatened or endangered, or identified
by a State as at-risk to be so-listed, for maintaining populations
necessary for exercise of tribal treaty fishing rights or native
subsistence fishing, or for conservation of Pacific coastal salmon and
steelhead habitat, based on guidelines to be developed by the Secretary
of Commerce: 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: Provided
further, That non-Federal funds provided pursuant to the second proviso
be used in direct support of this program.
coastal zone management fund
(including transfer of funds)
Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000
shall be transferred to the ``Operations, Research, and Facilities''
account to offset the costs of implementing such Act.
fisheries finance program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2008, obligations of direct loans may not exceed
$8,000,000 for Individual Fishing Quota loans as authorized by the
Merchant Marine Act, 1936.
Other
Departmental Management
salaries and expenses
For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official entertainment, $58,693,000.
hchb renovation and modernization
For expenses necessary for the renovation and modernization of the
Herbert C. Hoover Building, $3,364,000, to remain available until
expended.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $23,426,000.
national intellectual property law enforcement coordination council
For necessary expenses of the National Intellectual Property Law
Enforcement Coordination Council to coordinate domestic and
international intellectual property protection and law enforcement
relating to intellectual property among Federal and foreign entities,
$1,000,000, to remain available until September 30, 2009.
General Provisions--Department of Commerce
(including transfer of funds)
Sec. 101. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act
shall be available for the activities specified in the Act of October
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such payments
are in the public interest.
Sec. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by 5
U.S.C. 5901-5902.
Sec. 103. Not to exceed five 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 ten percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committee on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
Sec. 104. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title or from actions taken for the
care and protection of loan collateral or grant property shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 105. Section 3315b of title 19, U.S.C., is amended by
inserting ``, including food when sequestered,'' following ``for the
establishment and operations of the United States Section and for the
payment of the United States share of the expenses''.
Sec. 106. Section 214 of division B, Public Law 108-447 (118 Stat.
2884-86) is amended by:
(1) inserting ``and subject to subsection (f)'' after
``program'' in subsection (a); and
(2) deleting subsection (f) and inserting the following:
``(f) Funding.--There are authorized to be appropriated to carry
out the provisions of this section, up to $4,000,000 annually.''.
Sec. 107. (a) Section 318 of the National Marine Sanctuaries Act
(16 U.S.C. 1445c) is amended by:
(1) inserting ``and subject to subsection (e)'' following
the word ``program'' in subsection (a); and
(2) deleting subsection (e) and inserting:
``(e) Funding.--There are authorized to be appropriated to the
Secretary of Commerce up to $500,000 annually, to carry out the
provisions of this section.''.
(b) Section 210 of the Department of Commerce and Related Agencies
Appropriations Act, 2001 (Public Law 106-553) is repealed.
Sec. 108. Notwithstanding the requirements of subsection (d) of
section 4703 of title 5, United States Code, the personnel management
demonstration project established by the Department of Commerce
pursuant to such section 4703 may be expanded to involve more than
5,000 individuals, and is extended indefinitely.
Sec. 109. (a) The Stevenson-Wydler Technology Innovation Act of
1980 (15 U.S.C. 3701 et seq.) is amended by striking section 5 and
paragraphs (1) and (3) of section 4, and redesignating paragraphs (2)
and (4) through (13) of section 4 as paragraphs (1) through (11),
respectively.
(b) Section 212(b) of the National Technical Information Act of
1988 (15 U.S.C. 3704b) is amended by striking ``Under Secretary of
Commerce for Technology'' and inserting ``Director of the National
Institute of Standards and Technology''.
TITLE II--DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the Department of
Justice, $104,777,000, of which not to exceed $3,317,000 is for
security for and construction of Department of Justice facilities, to
remain available until expended: Provided, That not to exceed 45
permanent positions, 46 full-time equivalent workyears, and $12,684,000
shall be expended for the Department Leadership Program: Provided
further, That not to exceed 24 permanent positions, 24 full-time
equivalent workyears, and $3,734,000 shall be expended for the Office
of Legislative Affairs: Provided further, That not to exceed 22
permanent positions, 22 full-time equivalent workyears, and $2,968,000
shall be expended for the Office of Public Affairs: Provided further,
That the latter two aforementioned offices may utilize non-reimbursable
details of career employees within the caps described in the preceding
two provisos.
justice information sharing technology
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental direction,
$100,500,000, to remain available until expended, of which not less
than $21,000,000 is for the unified financial management system.
tactical law enforcement wireless communications
For the costs of developing and implementing a nation-wide
Integrated Wireless Network supporting Federal law enforcement and
homeland security missions, and for the costs of operations and
maintenance of existing Land Mobile Radio legacy systems, $81,353,000,
to remain available until September 30, 2009: Provided, That the
Attorney General shall transfer to this account all funds made
available to the Department of Justice for the purchase of portable and
mobile radios: Provided further, That any transfer made under the
preceding proviso shall be subject to section 505 of this Act.
administrative review and appeals
For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $251,499,000, of
which, $4,000,000 shall be derived by transfer from the Executive
Office for Immigration Review fees deposited in the ``Immigration
Examination Fee'' account.
detention trustee
For necessary expenses of the Federal Detention Trustee,
$1,260,872,000, to remain available until expended: Provided, That the
Trustee shall be responsible for managing the Justice Prisoner and
Alien Transportation System: Provided further, That not to exceed
$5,000,000 shall be considered ``funds appropriated for State and local
law enforcement assistance'' pursuant to 18 U.S.C. 4013(b).
office of inspector general
For necessary expenses of the Office of Inspector General,
$74,708,000 including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
United States Parole Commission
salaries and expenses
For necessary expenses of the United States Parole Commission as
authorized, $12,194,000.
Legal Activities
salaries and expenses, general legal activities
For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia, $750,584,000, of which not to exceed $10,000,000
for litigation support contracts shall remain available until expended:
Provided, That of the total amount appropriated, not to exceed $1,000
shall be available to the United States National Central Bureau,
INTERPOL, for official reception and representation expenses: Provided
further, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section.
In addition, for reimbursement of expenses of the Department of
Justice associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, not to exceed $6,833,000, to be
appropriated from the Vaccine Injury Compensation Trust Fund.
salaries and expenses, antitrust division
For expenses necessary for the enforcement of antitrust and kindred
laws, $155,097,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, fees collected for
premerger notification filings under the Hart-Scott-Rodino Antitrust
Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection (and estimated to be $139,000,000 in fiscal year 2008),
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 2008, so as to result in a final fiscal year 2008 appropriation
from the general fund estimated at $16,097,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,747,822,000: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$20,000,000 shall remain available until expended.
united states trustee system fund
For necessary expenses of the United States Trustee System, as
authorized, $189,000,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That
amounts deposited in the Fund in fiscal year 2008 in excess of
$184,000,000, but not to exceed $231,899,000, shall be available until
expended for the necessary expenses of the United States Trustee System
as provided in section 589a(a) of title 28, United States Code:
Provided further, 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.
salaries and expenses, foreign claims settlement commission
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by 5
U.S.C. 3109, $1,709,000.
united states marshals service
salaries and expenses
For necessary expenses of the United States Marshals Service,
$883,766,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; of which not to exceed
$4,000,000 shall be for information technology systems and shall remain
available until expended; and of which not less than $12,397,000 shall
be available for the costs of courthouse security equipment, including
furnishings, relocations, and telephone systems and cabling, and shall
remain available until expended.
construction
For construction in space controlled, occupied or utilized by the
United States Marshals Service for prisoner holding and related
support, $2,451,000, to remain available until expended.
fees and expenses of witnesses
For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $168,300,000, to remain available until expended, of which not
to exceed $10,000,000 is for construction of buildings for protected
witness safesites; not to exceed $3,000,000 is for the purchase and
maintenance of armored and other vehicles for witness security
caravans; and not to exceed $9,000,000 is for the purchase,
installation, maintenance and upgrade of secure telecommunications
equipment and a secure automated information network to store and
retrieve the identities and locations of protected witnesses.
salaries and expenses, community relations service
For necessary expenses of the Community Relations Service,
$9,794,000: Provided, That notwithstanding section 205 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
assets forfeiture fund
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
$20,990,000, to be derived from the Department of Justice Assets
Forfeiture Fund.
salaries and expenses, national security division
For expenses necessary to carry out the activities of the National
Security Division, $78,056,000; of which not to exceed $5,000,000 for
information technology systems shall remain available until expended:
Provided, That notwithstanding section 205 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any such transfer shall be
treated as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance with
the procedures set forth in that section.
Interagency Law Enforcement
interagency crime and drug enforcement
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $509,154,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from these
appropriations may be used under authorities available to the
organizations reimbursed from this appropriation.
Federal Bureau of Investigation
salaries and expenses
For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; $6,498,111,000; of which not to exceed $150,000,000 shall
remain available until expended; and of which $2,308,580,000 shall be
for counterterrorism investigations, foreign counterintelligence, and
other activities related to our national security: Provided, That not
to exceed $205,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed $170,000
shall be available in 2008 for expenses associated with the celebration
of the 100th anniversary of the Federal Bureau of Investigation.
construction
For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of Federally-owned buildings;
and preliminary planning and design of projects; $33,191,000, to remain
available until expended.
Drug Enforcement Administration
salaries and expenses
For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to 28 U.S.C. 530C; and expenses for
conducting drug education and training programs, including travel and
related expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$1,842,569,000; of which not to exceed $75,000,000 shall remain
available until expended; and of which not to exceed $100,000 shall be
available for official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
and Explosives, including the purchase of not to exceed 822 vehicles
for police-type use, of which 650 shall be for replacement only; not to
exceed $25,000 for official reception and representation expenses; for
training of State and local law enforcement agencies with or without
reimbursement, including training in connection with the training and
acquisition of canines for explosives and fire accelerants detection;
and for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement, $1,013,980,000, of
which not to exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of which
$10,000,000 shall remain available until expended: Provided, That no
funds appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of Justice, the records, or any
portion thereof, of acquisition and disposition of firearms maintained
by Federal firearms licensees: Provided further, That no funds
appropriated herein shall be used to pay administrative expenses or the
compensation of any officer or employee of the United States to
implement an amendment or amendments to 27 CFR 178.118 or to change the
definition of ``Curios or relics'' in 27 CFR 178.11 or remove any item
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided
further, That none of the funds appropriated herein shall be available
to investigate or act upon applications for relief from Federal
firearms disabilities under 18 U.S.C. 925(c): Provided further, That
such funds shall be available to investigate and act upon applications
filed by corporations for relief from Federal firearms disabilities
under section 925(c) of title 18, United States Code: Provided further,
That no funds made available by this or any other Act may be used to
transfer the functions, missions, or activities of the Bureau of
Alcohol, Tobacco, Firearms and Explosives to other agencies or
Departments in fiscal year 2008: Provided further, That, beginning in
fiscal year 2008 and thereafter, no funds appropriated under this or
any other Act may be used to disclose part or all of the contents of
the Firearms Trace System database maintained by the National Trace
Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or
any information required to be kept by licensees pursuant to section
923(g) of title 18, United States Code, or required to be reported
pursuant to paragraphs (3) and (7) of such section 923(g), except to
(1) a Federal, State, local, tribal, or foreign law enforcement agency,
or a Federal, State, or local prosecutor, solely in connection with and
for use in a criminal investigation or prosecution, or (2) a Federal
agency for a national security or intelligence purpose; and all such
data shall be immune from legal process, shall not be subject to
subpoena or other discovery, shall be inadmissible in evidence, and
shall not be used, relied on, or disclosed in any manner, nor shall
testimony or other evidence be permitted based on the data, in a civil
action in any State (including the District of Columbia) or Federal
court or in an administrative proceeding other than a proceeding
commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to
enforce the provisions of chapter 44 of such title, or a review of such
an action or proceeding; except that this proviso shall not be
construed to prevent (1) the disclosure of statistical information
concerning total production, importation, and exportation by each
licensed importer (as defined in section 921(a)(9) of such title) and
licensed manufacturer (as defined in section 921(1)(10) of such title),
(2) the sharing or exchange of such information among and between
Federal, State, local, or foreign law enforcement agencies, Federal,
State, or local prosecutors, and Federal national security,
intelligence, or counterterrorism officials, or (3) the publication of
annual statistical reports on products regulated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives, including total production,
importation, and exportation by each licensed importer (as so defined)
and licensed manufacturer (as so defined), or statistical aggregate
data regarding firearms traffickers and trafficking channels, or
firearms misuse, felons, and trafficking investigations: Provided
further, That no funds made available by this or any other Act shall be
expended to promulgate or implement any rule requiring a physical
inventory of any business licensed under section 923 of title 18,
United States Code: Provided further, That no funds under this Act may
be used to electronically retrieve information gathered pursuant to 18
U.S.C. 923(g)(4) by name or any personal identification code: Provided
further, That no funds authorized or made available under this or any
other Act may be used to deny any application for a license under
section 923 of title 18, United States Code, or renewal of such a
license due to a lack of business activity, provided that the applicant
is otherwise eligible to receive such a license, and is eligible to
report business income or to claim an income tax deduction for business
expenses under the Internal Revenue Code of 1986.
Federal Prison System
salaries and expenses
For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 669, of
which 642 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$5,171,440,000: Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as may be
necessary for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $6,000 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2009: Provided further, That, of the
amounts provided for contract confinement, not to exceed $20,000,000
shall remain available until expended to make payments in advance for
grants, contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education Assistance Act of
1980, for the care and security in the United States of Cuban and
Haitian entrants: Provided further, That the Director of the Federal
Prison System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.
buildings and facilities
For the modernization, maintenance, and repair of buildings and
facilities, including all necessary expenses incident thereto, by
contract or force account, $95,003,000, to remain available until
expended, of which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That labor of
United States prisoners may be used for work performed under this
appropriation.
federal prison industries, incorporated
The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.
limitation on administrative expenses, federal prison industries,
incorporated
Not to exceed $2,477,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by 5 U.S.C. 3109, to be
computed on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such amounts
shall be exclusive of depreciation, payment of claims, and expenditures
which such accounting system requires to be capitalized or charged to
cost of commodities acquired or produced, including selling and
shipping expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement, protection, or
disposition of facilities and other property belonging to the
corporation or in which it has an interest.
Office on Violence Against Women
violence against women prevention and prosecution programs
For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women, as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
(``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
the Exploitation of Children Today Act of 2003 (Public Law 108-21); the
Victims of Trafficking and Violence Protection Act of 2000 (Public Law
106-386) (``the 2000 Act''); and the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law 109-162)
(``the 2005 Act''); $430,000,000, including amounts for administrative
costs, to remain available until expended as follows:
(1) $12,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $3,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(3) $205,000,000 for grants to combat violence against
women, as authorized by part T of the 1968 Act, as amended by
section 101 of the 2005 Act, of which--
(A) $20,000,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking or sexual assault as authorized by section
40299 of the 1994 Act, as amended by section 602 of the
2005 Act; and
(B) $2,000,000 shall be for the National Institute
of Justice for research and evaluation of violence
against women;
(4) $63,000,000 for grants to encourage arrest policies as
authorized by part U of the 1968 Act, as amended by section 102
of the 2005 Act;
(5) $10,000,000 for sexual assault victims assistance, as
authorized by section 202 of the 2005 Act;
(6) $40,000,000 for rural domestic violence and child abuse
enforcement assistance grants, as authorized by section 40295
of the 1994 Act, as amended by section 203 of the 2005 Act;
(7) $6,000,000 for training programs as authorized by
section 40152 of the 1994 Act, as amended by section 108 of the
2005 Act, and for related local demonstration projects;
(8) $3,000,000 for grants to improve the stalking and
domestic violence databases, as authorized by section 40602 of
the 1994 Act, as amended by section 109 of the 2005 Act;
(9) $10,000,000 for grants to reduce violent crimes against
women on campus, as authorized by section 304 of the 2005 Act;
(10) $40,000,000 for legal assistance for victims, as
authorized by section 1201 of the 2000 Act, as amended by
section 103 of the 2005 Act;
(11) $5,000,000 for enhancing protection for older and
disabled women from domestic violence and sexual assault, as
authorized by section 40802 of the 1994 Act, as amended by
section 205 of the 2005 Act;
(12) $15,000,000 for the safe havens for children program,
as authorized by section 1301 of the 2000 Act, as amended by
section 306 of the 2005 Act;
(13) $8,000,000 for education and training to end violence
against and abuse of women with disabilities, as authorized by
section 1402 of the 2000 Act, as amended by section 204 of the
2005 Act; and
(14) $10,000,000 for an engaging men and youth in
prevention program, as authorized by the 2005 Act.
Office of Justice Programs
justice assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, the Missing Children's Assistance Act, including salaries and
expenses in connection therewith, the Prosecutorial Remedies and Other
Tools to end the Exploitation of Children Today Act of 2003 (Public Law
108-21), the Justice for All Act of 2004 (Public Law 108-405), the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162), and the Victims of Crime Act of 1984,
$250,000,000, to remain available until expended: Provided, That not to
exceed $127,915,000 shall be expended in total for Office of Justice
Programs management and administration.
state and local law enforcement assistance
For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Trafficking Victims
Protection Reauthorization Act of 2005 (Public Law 109-164); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162); and the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); and other programs;
$1,315,000,000 (including amounts for administrative costs, which shall
be transferred to and merged with the ``Justice Assistance'' account):
Provided, That funding provided under this heading shall remain
available until expended as follows:
(1) $600,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part E
of title I of the 1968 Act, as amended by section 1111 of
Public Law 109-162 (except that the special rules for Puerto
Rico under section 505(g) of the 1968 Act, as amended by
section 1111 of Public Law 109-162, shall not apply for
purposes of this Act), of which $25,000,000 is for State and
local law enforcement for security associated with the 2008
Presidential Candidate Nominating Conventions, to be divided
equally between the conventions; and $10,000,000 is for the
National Institute of Justice in assisting units of local
government to identify, select, develop, modernize, and
purchase new technologies for use by law enforcement;
(2) $405,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)), as amended by
section 1196 of Public Law 109-162;
(3) $30,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal,
municipal governments only for costs associated with the
prosecution of criminal cases declined by local offices of the
United States Attorneys;
(4) $124,500,000 for discretionary grants, notwithstanding
the provisions of section 505 of the 1968 Act;
(5) $1,000,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of the 1994
Act;
(6) $15,000,000 for activities authorized under Public Law
109-164;
(7) $40,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act, as amended by section
1142 of Public Law 109-162;
(8) $7,500,000 for a prescription drug monitoring program;
(9) $25,000,000 for prison rape prevention and prosecution
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79), of which $1,800,000 shall be
transferred to the National Prison Rape Elimination Commission
for authorized activities;
(10) $10,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by part S of the
1968 Act;
(11) $5,000,000 for a program to improve State and local
law enforcement intelligence capabilities including
antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights, and
privacy interests are protected;
(12) $31,000,000 for assistance to Indian tribes, of
which--
(A) $12,000,000 shall be available for grants under
section 20109(a)(2) of subtitle A of title II of the
1994 Act;
(B) $12,000,000 shall be available for the Tribal
Courts Initiative; and
(C) $7,000,000 shall be available for tribal
alcohol and substance abuse reduction assistance
grants;
(13) $1,000,000 for a capital litigation improvement grant
program;
(14) $10,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act; and
(15) $10,000,000 for sex offender management assistance as
authorized by the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109-248), the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162), and the Violent Crime Control and Law Enforcement Act
of 1994 (Public Law 103-322):
Provided further, That, if a unit of local government uses any of the
funds made available under this title to increase the number of law
enforcement officers, the unit of local government will achieve a net
gain in the number of law enforcement officers who perform
nonadministrative public safety service.
community oriented policing services
For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322), the Omnibus Crime Control
and Safe Streets Act of 1968 (``the 1968 Act''), the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162), and the USA PATRIOT Improvement and Reauthorization Act of
2005 (Public Law 109-177) (including administrative costs),
$725,000,000, to remain available until expended: Provided, That of the
funds under this heading, not to exceed $2,575,000 shall be available
for the Office of Justice Programs for reimbursable services associated
with programs administered by the Community Oriented Policing Services
Office: Provided further, That any balances made available through
prior year deobligations shall only be available in accordance with
section 505 of this Act. Of the amount provided--
(1) $30,000,000 is for the matching grant program for armor
vests for law enforcement officers, as authorized by section
2501 of part Y of the 1968 Act;
(2) $85,000,000 is for grants to address public safety and
methamphetamine manufacturing, sale, and use in hot spots as
authorized by section 754 of Public Law 109-177;
(3) $128,000,000 is for law enforcement technologies and
interoperable communications;
(4) $15,000,000 is for an offender re-entry program;
(5) $12,000,000 is for grants to upgrade criminal records,
as authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601);
(6) $175,000,000 is for a DNA analysis and capacity
enhancement program, and for other local, State, and Federal
forensic activities, of which not less than $151,000,000 shall
be for reducing and eliminating the backlog of DNA samples and
for increasing State and local DNA laboratory capacity;
(7) $18,000,000 is for improving tribal law enforcement,
including equipment and training;
(8) $80,000,000 is for programs to reduce gun crime and
gang violence;
(9) $4,000,000 is for training and technical assistance;
(10) $49,692,000 is for the Office of Weed and Seed
Strategies, as authorized by section 103 of the 1968 Act, as
amended by section 1121 of Public Law 109-162;
(11) not to exceed $28,308,000 is for program management
and administration; and
(12) $100,000,000 for grants under section 1701 of title I
of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring
of additional career law enforcement officers under part Q of
such title notwithstanding subsection (i) of such section.
juvenile justice programs
For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''), the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162), and other
juvenile justice programs, including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $399,900,000, to remain
available until expended as follows:
(1) $725,000 for concentration of Federal efforts, as
authorized by section 204 of the 1974 Act;
(2) $81,175,000 for State and local programs authorized by
section 221 of the 1974 Act, including training and technical
assistance to assist small, non-profit organizations with the
Federal grants process;
(3) $53,000,000 for demonstration projects, as authorized
by sections 261 and 262 of the 1974 Act;
(4) $100,000,000 for youth mentoring grants;
(5) $70,000,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which--
(A) $17,500,000 shall be for the Tribal Youth
Program;
(B) $25,000,000 shall be for a gang resistance
education and training program; and
(C) $25,000,000 shall be for grants of $360,000 to
each State and $6,640,000 shall be available for
discretionary grants to States, for programs and
activities to enforce State laws prohibiting the sale
of alcoholic beverages to minors or the purchase or
consumption of alcoholic beverages by minors,
prevention and reduction of consumption of alcoholic
beverages by minors, and for technical assistance and
training;
(6) $20,000,000 for the Secure Our Schools Act, as
authorized by part AA of the 1968 Act, as amended by section
1169 of Public Law 109-162;
(7) $15,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(8) $60,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of the 1968 Act, as
amended by section 1166 of Public Law 109-162 and Guam shall be
considered a State:
Provided, That not more than ten percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
two percent of each amount may be used for training and technical
assistance: Provided further, That the previous two provisos shall not
apply to demonstration projects, as authorized by sections 261 and 262
of the 1974 Act.
public safety officers benefits
For payments and expenses authorized by part L of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796),
such sums as are necessary, as authorized by section 6093 of Public Law
100-690 (102 Stat. 4339-4340) (including amounts for administrative
costs, which amounts shall be paid to the ``Justice Assistance''
account), to remain available until expended; and $5,000,000 for
payments authorized by section 1201(b) of such Act; and $4,100,000 for
educational assistance, as authorized by section 1212 of such Act.
General Provisions--Department of Justice
Sec. 201. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $60,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 202. None of the funds appropriated by this title shall be
available to pay for an abortion, except where the life of the mother
would be endangered if the fetus were carried to term, or in the case
of rape: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 203. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 203 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 205. Not to exceed five percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than ten percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section: Provided further, That none of the funds
appropriated to ``Buildings and Facilities, Federal Prison System'' in
this or any other Act may be transferred to ``Salaries and Expenses,
Federal Prison System'', or any other Department of Justice account,
unless the President certifies that such a transfer is necessary to the
national security interests of the United States, and such authority
shall not be delegated, and shall be subject to section 505 of this
Act.
Sec. 206. The Attorney General is authorized to extend through
September 30, 2009, the Personnel Management Demonstration Project
transferred to the Attorney General pursuant to section 1115 of the
Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533)
without limitation on the number of employees or the positions covered.
Sec. 207. Notwithstanding any other provision of law, Public Law
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco,
Firearms and Explosives in the conduct of undercover investigative
operations and shall apply without fiscal year limitation with respect
to any undercover investigative operation initiated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United States.
Sec. 208. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 209. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, to rent
or purchase videocassettes, videocassette recorders, or other
audiovisual or electronic equipment used primarily for recreational
purposes.
(b) The preceding sentence does not preclude the renting,
maintenance, or purchase of audiovisual or electronic equipment for
inmate training, religious, or educational programs.
Sec. 210. None of the funds made available under this title shall
be obligated or expended for SENTINEL, or for any other major new or
enhanced information technology program having total estimated
development costs in excess of $100,000,000, unless the Deputy Attorney
General and the investment review board certify to the Committee on
Appropriations that the information technology program has appropriate
program management and contractor oversight mechanisms in place, and
that the program is compatible with the enterprise architecture of the
Department of Justice.
Sec. 211. (a) Section 589a of title 28, United States Code, is
amended in subsection (b) by--
(1) striking ``and'' in paragraph (8);
(2) striking the period in paragraph (9) and inserting ``;
and''; and
(3) adding the following new paragraph:
``(10) fines imposed under section 110(l) of title 11,
United States Code.''.
(b) Section 110(l)(4)(A) of title 11, United States Code, is
amended to read as follows:
``(A) Fines imposed under this subsection in judicial districts
served by United States trustees shall be paid to the United States
trustees, who shall deposit an amount equal to such fines in the United
States Trustee Fund.''.
Sec. 212. (a) Section 1930(a) of title 28, United States Code, is
amended in paragraph (6) by striking all that follows ``whichever
occurs first.'' and inserting the following: ``The fee shall be $325
for each quarter in which disbursements total less than $15,000; $650
for each quarter in which disbursements total $15,000 or more but less
than $75,000; $975 for each quarter in which disbursements total
$75,000 or more but less than $150,000; $1,625 for each quarter in
which disbursements total $150,000 or more but less than $225,000;
$1,950 for each quarter in which disbursements total $225,000 or more
but less than $300,000; $4,875 for each quarter in which disbursements
total $300,000 or more but less than $1,000,000; $6,500 for each
quarter in which disbursements total $1,000,000 or more but less than
$2,000,000; $9,750 for each quarter in which disbursements total
$2,000,000 or more but less than $3,000,000; $10,400 for each quarter
in which disbursements total $3,000,000 or more but less than
$5,000,000; $13,000 for each quarter in which disbursements total
$5,000,000 or more but less than $15,000,000; $20,000 for each quarter
in which disbursements total $15,000,000 or more but less than
$30,000,000; and $30,000 for each quarter in which disbursements total
more than $30,000,000. The fee shall be payable on the last day of the
calendar month following the calendar quarter for which the fee is
owed''.
(b) This section and the amendment made by this section shall take
effect January 1, 2008, or the date of the enactment of this Act,
whichever is later.
Sec. 213. None of the funds appropriated by this Act may be used to
plan for, begin, continue, finish, process, or approve a public-private
competition under the Office of Management and Budget Circular A-76 or
any successor administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal Prison
Industries, Incorporated.
TITLE III--SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601-6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $5,515,000.
National Aeronautics and Space Administration
science
For necessary expenses, not otherwise provided for, in the conduct
and support of science research and development activities, including
research, development, operations, support, and services; maintenance;
construction of facilities including repair, rehabilitation,
revitalization, and modification of facilities, construction of new
facilities and additions to existing facilities, facility planning and
design, and restoration, and acquisition or condemnation of real
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $14,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$5,696,100,000, of which not less than $278,000,000 shall be for the
Hubble Space Telescope, not less than $545,000,000 shall be for the
James Webb Space Telescope, not less than $90,000,000 shall be for the
Global Precipitation Measurement mission, not less than $625,700,000
shall be for the Mars Exploration Program, and not less than
$71,600,000 shall be for the Space Interferometry Mission, to remain
available until September 30, 2009.
aeronautics
For necessary expenses, not otherwise provided for, in the conduct
and support of aeronautics research and development activities,
including research, development, operations, support, and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control, and
communications activities; program management; personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed $14,000
for official reception and representation expenses; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $700,000,000 to remain available until
September 30, 2009.
exploration
For necessary expenses, not otherwise provided for, in the conduct
and support of exploration research and development activities,
including research, development, operations, support, and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control, and
communications activities; program management, personnel and related
costs, including uniforms or allowances therefor, as authorized by
sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed $14,000
for official reception and representation expenses; and purchase,
lease, charter, maintenance, and operation of mission and
administrative aircraft, $3,923,800,000, to remain available until
September 30, 2009: Provided, That none of the funds under this heading
shall be used for any research, development, or demonstration
activities related exclusively to the human exploration of Mars.
education
For necessary expenses, not otherwise provided for, in carrying out
aerospace and aeronautical education, including personnel and related
costs, uniforms or allowances therefor, as authorized by sections 5901
and 5902 of title 5, United States Code; travel expenses; purchase and
hire of passenger motor vehicles; not to exceed $4,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$220,300,000 to remain available until September 30, 2009.
cross-agency support programs
For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and exploration research and
development activities, including research, development, operations,
support, and services; maintenance; construction of facilities
including repair, rehabilitation, revitalization, and modification of
facilities, construction of new facilities and additions to existing
facilities, facility planning and design, and restoration, and
acquisition or condemnation of real property, as authorized by law;
environmental compliance and restoration; space flight, spacecraft
control, and communications activities; program management; personnel
and related costs, including uniforms or allowances therefor, as
authorized by sections 5901 and 5902 of title 5, United States Code;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $10,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and
administrative aircraft, $356,000,000, to remain available until
September 30, 2009.
space operations
For necessary expenses, not otherwise provided for, in the conduct
and support of space operations research and development activities,
including research, development, operations, support, and services;
maintenance; construction of facilities including repair,
rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control, and
communications activities including operations, production, and
services; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by sections 5901 and
5902 of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $14,000 for official
reception and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$6,691,700,000 to remain available until September 30, 2009.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $34,600,000, to remain
available until September 30, 2009.
administrative provisions
(including transfer of funds)
Notwithstanding the limitation on the duration of availability of
funds appropriated for ``Science'', ``Aeronautics'', ``Exploration'',
``Cross-Agency Support Programs'', or ``Space Operations'' under this
title, when any activity has been initiated by the incurrence of
obligations for construction of facilities or environmental compliance
and restoration activities as authorized by law, such amount available
for such activity shall remain available until expended. This provision
does not apply to the amounts appropriated for institutional minor
revitalization and minor construction of facilities, and institutional
facility planning and design.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed
or the offer is withdrawn. Funding shall not be made available for
Centennial Challenges unless authorized.
Funding made available under the headings ``Science'',
``Aeronautics'', ``Exploration'', ``Education'', ``Cross-Agency Support
Programs'', and ``Space Operations'' for the National Aeronautics and
Space Administration shall be governed by the terms and conditions
specified in the report accompanying this Act.
The unexpired balances of prior appropriations to the National
Aeronautics and Space Administration for activities for which funds are
provided under this Act may be transferred to the new accounts
established for the appropriation that provides such activity under
this Act. Balances so transferred may be merged with funds in the newly
established accounts and thereafter may be accounted for as one fund
under the same terms and conditions.
Not to exceed five percent of any appropriation made available for
the current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such
appropriations, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than ten percent by
any such transfers. Any transfer pursuant to this provision shall be
treated as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with the
procedures set forth in that section.
Notwithstanding any other provision of law, no funds shall be used
to implement any Reduction in Force or other involuntary separations
(except for cause) by the National Aeronautics and Space Administration
prior to September 30, 2008.
The Administrator of the National Aeronautics and Space
Administration shall prepare a strategy for minimizing job losses when
the National Aeronautics and Space Administration transitions from the
Space Shuttle to a successor human-rated space transport vehicle. This
strategy shall include: (1) specific initiatives that the National
Aeronautics and Space Administration has undertaken, or plans to
undertake, to maximize the utilization of existing civil service and
contractor workforces at each of the affected Centers; (2) efforts to
equitably distribute tasks and workload between the Centers to mitigate
the brunt of job losses being borne by only certain Centers; (3) new
workload, tasks, initiatives, and missions being secured for the
affected Centers; and (4) overall projections of future civil service
and contractor workforce levels at the affected Centers. The
Administrator shall transmit this strategy to Congress not later than
90 days after the date of enactment of this Act. The Administrator
shall update and transmit to Congress this strategy not less than every
six months thereafter until the successor human-rated space transport
vehicle is fully operational.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861-1875), and Public Law 86-209,
relating to the National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; maintenance and operation of
aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $5,139,690,000, to
remain available until September 30, 2009, of which not to exceed
$510,000,000 shall remain available until expended for polar research
and operations support, and for reimbursement to other Federal agencies
for operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That
receipts for scientific support services and materials furnished by the
National Research Centers and other National Science Foundation
supported research facilities may be credited to this appropriation.
major research equipment and facilities construction
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861-1875), including authorized
travel, $244,740,000, to remain available until expended.
education and human resources
For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950 (42 U.S.C. 1861-1875),
including services as authorized by 5 U.S.C. 3109, authorized travel,
and rental of conference rooms in the District of Columbia,
$822,600,000, to remain available until September 30, 2009.
agency operations and award management
For agency operations and award management necessary in carrying
out the National Science Foundation Act of 1950 (42 U.S.C. 1861-1875);
services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
not to exceed $9,000 for official reception and representation
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for security guard
services; $285,590,000: Provided, That contracts may be entered into
under this heading in fiscal year 2008 for maintenance and operation of
facilities, and for other services, to be provided during the next
fiscal year.
office of the national science board
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880-1881),
$4,030,000, to remain available until September 30, 2009: Provided,
That not more than $9,000 shall be available for official reception and
representation expenses.
office of inspector general
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $12,350,000, to remain
available until September 30, 2009.
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
salaries and expenses
For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,000,000: Provided, That none of
the funds appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this paragraph
shall be used to reimburse Commissioners for more than 75 billable
days, with the exception of the chairperson, who is permitted 125
billable days.
Equal Employment Opportunity Commission
salaries and expenses
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964,
the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
1963, the Americans with Disabilities Act of 1990, and the Civil Rights
Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
nonmonetary awards to private citizens; and not to exceed $28,000,000
for payments to State and local enforcement agencies for authorized
services to the Commission, $332,748,000: Provided, That the Commission
is authorized to make available for official reception and
representation expenses not to exceed $2,500 from available funds:
Provided further, That no funds made available under this heading may
be used to outsource operations of the National Contact Center.
International Trade Commission
salaries and expenses
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $68,400,000, to remain available until
expended.
Legal Services Corporation
payment to the legal services corporation
For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $377,000,000,
of which $355,134,000 is for basic field programs and required
independent audits; $3,041,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $13,825,000 is for management and
administration; $4,000,000 is for client self-help and information
technology; and $1,000,000 is for loan repayment assistance.
administrative provision--legal services corporation
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501 through 506 of
Public Law 105-119, and all funds appropriated in this Act to the Legal
Services Corporation shall be subject to the same terms and conditions
set forth in such sections, except that all references in sections 502
and 503 to 1997 and 1998 shall be deemed to refer instead to 2007 and
2008, respectively.
Marine Mammal Commission
salaries and expenses
For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $3,000,000.
National Veterans Business Development Corporation
salaries and expenses
For necessary expenses of the National Veterans Business
Development Corporation established under section 33 of the Small
Business Act (15 U.S.C. 657c), $2,500,000, to remain available until
expended.
Office of the United States Trade Representative
salaries and expenses
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$48,407,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $124,000 shall be available for official
reception and representation expenses: Provided further, That
negotiations of the United States at the World Trade Organization shall
be conducted consistent with the trade negotiating objectives of the
United States contained in section 2102 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3802).
State Justice Institute
salaries and expenses
For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1984 (42
U.S.C. 10701 et seq.), $4,640,000: Provided, That not to exceed $2,500
shall be available for official reception and representation expenses.
TITLE V--GENERAL PROVISIONS
(including transfer of funds)
Sec. 501. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes not authorized by the
Congress.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2008, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases funds or
personnel by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or employees; (5)
reorganizes offices, programs or activities; or (6) contracts out or
privatizes any functions or activities presently performed by Federal
employees; unless the Committee on Appropriations is notified 15 days
in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2008, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$500,000 or ten percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by ten percent funding
for any existing program, project, or activity, or numbers of personnel
by ten percent as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel, which would
result in a change in existing programs, activities, or projects as
approved by Congress; unless the Committee on Appropriations is
notified 15 days in advance of such reprogramming of funds.
Sec. 506. Hereafter, none of the funds made available in this Act
may be used to implement, administer, or enforce any guidelines of the
Equal Employment Opportunity Commission covering harassment based on
religion, when it is made known to the Federal entity or official to
which such funds are made available that such guidelines do not differ
in any respect from the proposed guidelines published by the Commission
on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 507. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made
in America'' inscription, or any inscription with the same meaning, to
any product sold in or shipped to the United States that is not made in
the United States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 508. The Departments of Commerce and Justice, the National
Science Foundation, and the National Aeronautics and Space
Administration, shall provide to the Committee on Appropriations a
quarterly accounting of the cumulative balances of any unobligated
funds that were received by such agency during any previous fiscal
year.
Sec. 509. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 510. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to
seek the reduction or removal by any foreign country of restrictions on
the marketing of tobacco or tobacco products, except for restrictions
which are not applied equally to all tobacco or tobacco products of the
same type.
Sec. 511. None of the funds appropriated pursuant to this Act or
any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of section 922(t) of title 18, United States
Code; and
(2) any system to implement section 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more than
24 hours after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the prospective
transferee would not violate subsection (g) or (n) of section
922 of title 18, United States Code, or State law.
Sec. 512. None of the funds made available in this Act may be used
to pay the salaries and expenses of personnel of the Department of
Justice to obligate more than $625,000,000 during fiscal year 2008 from
the fund established by section 1402 of chapter XIV of title II of
Public Law 98-473 (42 U.S.C. 10601).
Sec. 513. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 514. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 515. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act.
Sec. 516. (a) Tracing studies conducted by the Bureau of Alcohol,
Tobacco, Firearms and Explosives are released without adequate
disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
include in all such data releases, language similar to the following
that would make clear that trace data cannot be used to draw broad
conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not all
firearms used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes, or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are
normally traced to the first retail seller, and sources
reported for firearms traced do not necessarily represent the
sources or methods by which firearms in general are acquired
for use in crime.
Sec. 517. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
Sec. 518. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 519. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 520. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to section 38(b)(1) of the Arms
Control Export Act (22 U.S.C. 2778(b)(1)(B)) and qualified pursuant to
27 C.F.R. 478.112 or 478.113, for a permit to import United States
origin ``curios or relics'' firearms, parts, or ammunition.
Sec. 521. None of the funds made available in this Act may be used
to include in any new bilateral or multilateral trade agreement the
text of--
(1) paragraph 2 of article 16.7 of the United States-
Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States-
Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States-
Morocco Free Trade Agreement.
Sec. 522. Section 313(a) of the National Aeronautics and Space Act
of 1958 (42 U.S.C. 2459f(a)) is amended by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2).
Sec. 523. None of the funds made available in this Act may be used
to authorize or issue a national security letter in contravention of
any of the following laws authorizing the Federal Bureau of
Investigation to issue national security letters: The Right to
Financial Privacy Act; The Electronic Communications Privacy Act; The
Fair Credit Reporting Act; The National Security Act of 1947; and the
laws amended by these Acts.
Sec. 524. None of the funds made available by this Act may be used
to implement the revision to Office of Management and Budget Circular
A-76 made on May 29, 2003.
Sec. 525. Section 101(k) of the Emergency Steel Loan Guarantee Act
of 1999 (15 U.S.C. 1841 note) is amended by striking ``2007'' and
inserting ``2009''.
Sec. 526. Section 605 of the Harmful Algal Bloom and Hypoxia
Research and Control Act of 1998 (16 U.S.C. 1451 note) is amended--
(1) in the matter preceding paragraph (1) by striking
``$25,500,000 for fiscal year 2008'' and inserting
``$30,000,000 for each of fiscal years 2008 through 2010'';
(2) in each of paragraphs (1), (2), (3), (4), and (6) by
striking ``2008'' and inserting ``2010''; and
(3) in paragraph (5) by striking ``fiscal year 2008'' and
inserting ``each of fiscal years 2008 through 2010''.
Sec. 527. Effective January 13, 2007, section 303A of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a) is
amended--
(1) by striking ``association'' in subsection
(c)(4)(A)(iii) and inserting ``association, among willing
parties'';
(2) by striking paragraph (2) of subsection (i);
(3) by striking ``(1) In general.--'' in subsection (i) and
resetting paragraph (1) as a full measure paragraph following
``(i) Transition Rules.--''; and
(4) by redesignating subparagraphs (A), (B), and (C) of
subsection (i)(1) (before its amendment by paragraph (3)) as
paragraphs (1), (2), and (3), respectively and resetting them
as indented paragraphs 2 ems from the left margin.
Sec. 528. None of the funds made available in this Act may be used
to enter into a contract with an entity that does not participate in
the basic pilot program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1324a note).
TITLE VI--RESCISSIONS
DEPARTMENT OF COMMERCE
(rescission)
Of the unobligated balances available to the Department of Commerce
from prior year appropriations, $41,848,000 are rescinded: Provided,
That within 30 days after the date of the enactment of this section the
Secretary of Commerce shall submit to the Committee on Appropriations
of the House of Representatives a report specifying the amount of each
rescission made pursuant to this section.
DEPARTMENT OF JUSTICE
(rescission)
Of the unobligated balances available to the Department of Justice
from prior year appropriations, $86,000,000 are rescinded: Provided,
That within 30 days after the date of the enactment of this section the
Attorney General shall submit to the Committee on Appropriations of the
House of Representatives and the Senate a report specifying the amount
of each rescission made pursuant to this section.
General Administration
working capital fund
(rescission)
Of the unobligated balances available under this heading,
$41,000,000 are rescinded.
detention trustee
(rescission)
Of the unobligated balances available from prior year
appropriations under this heading, $135,000,000 are rescinded.
Legal Activities
assets forfeiture fund
(rescission)
Of the unobligated balances available under this heading,
$240,000,000 are rescinded.
Office of Justice Programs
(rescission)
Of the unobligated recoveries from prior year appropriations
available under this heading, $87,500,000 are rescinded.
community oriented policing services
(rescissions)
Of the unobligated recoveries from prior year appropriations
available under this heading for purposes other than program management
and administration, $87,500,000 are rescinded.
Of the unobligated funds previously appropriated from the Violent
Crime Reduction Trust Fund under this heading, $10,278,000 are
rescinded.
National Aeronautics and Space Administration
(rescission)
Of the unobligated balances available to the National Aeronautics
and Space Administration from prior year appropriations, $69,832,000
are rescinded: Provided, That within 30 days after the date of the
enactment of this section the Administrator shall submit to the
Committees on Appropriations of the House of Representatives a report
specifying the amount of each rescission made pursuant to this section.
National Science Foundation
(rescission)
Of the unobligated balances available to the National Science
Foundation from prior year appropriations, $24,000,000 are rescinded:
Provided, That within 30 days after the date of the enactment of this
section the Director shall submit to the Committee on Appropriations of
the House of Representatives a report specifying the amount of each
rescission made pursuant to this section.
This Act may be cited as the ``Commerce, Justice, Science, and
Related Agencies Appropriations Act, 2008''.
Union Calendar No. 150
110th CONGRESS
1st Session
H. R. 3093
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Commerce and Justice, and
Science, and Related Agencies for the fiscal year ending September 30,
2008, and for other purposes.
_______________________________________________________________________
July 19, 2007
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
On passage Passed by the Yeas and Nays: 281 - 142 (Roll no. 744).
Roll Call #744 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 289.
Measure laid before Senate by unanimous consent. (consideration: CR S12702-12728, S12737-12753)
Considered by Senate. (consideration: CR S12835-12853, S12853-12858)
Considered by Senate. (consideration: CR S12894-12925)
Motion by Senator McConnell to commit to Senate Committee on Appropriations, with instructions rejected in Senate by Yea-Nay Vote. 44 - 50. Record Vote Number: 371. (consideration: CR S12921-12924)
Roll Call #371 (Senate)Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 75 - 19. Record Vote Number: 372.(text: CR 10/18/2007 S13112-13130)
Roll Call #372 (Senate)Passed Senate with an amendment by Yea-Nay Vote. 75 - 19. Record Vote Number: 372. (text: CR 10/18/2007 S13112-13130)
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Senate insists on its amendment, asks for a conference, appoints conferees Mikulski; Inouye; Leahy; Kohl; Harkin; Dorgan; Feinstein; Reed; Lautenberg; Byrd; Shelby; Gregg; Stevens; Domenici; McConnell; Hutchison; Brownback; Alexander; Cochran. (consideration: CR S12925)
Message on Senate action sent to the House.
Mr. Mollohan moved that the House disagree to the Senate amendment, and agree to a conference. (consideration: CR H13387-13388)
On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to by voice vote.
Mr. Frelinghuysen moved that the House instruct conferees. (consideration: CR H13387)
DEBATE - The House proceeded with one hour of debate on the Frelinghuysen motion to instruct conferees. The instructions contained in the motion seek to recede to section 527 of the Senate amendment.
The previous question was ordered without objection. (consideration: CR H13388)
On motion that the House instruct conferees Agreed to by the Yeas and Nays: 218 - 186 (Roll No. 1076).
Roll Call #1076 (House)Motion to reconsider laid on the table Agreed to without objection.
The Speaker appointed conferees: Mollohan, Kennedy, Fattah, Ruppersberger, Schiff, Honda, DeLauro, Price (NC), Obey, Frelinghuysen, Culberson, Rogers (KY), Latham, Aderholt, and Lewis (CA).
The conferees on the part of the House are discharged and H.R. 3093 is laid on the table pursuant to H. Res. 860.