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: CommentsClose CommentsPermalink

TITLE I

International Trade Administration

OPERATIONS AND 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 to44 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, $43025,431,000, 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; $424,960,000 shall be for Market Access and Compliance; $656,601,000 shall be for the Import Administration of which $5,900,000 shall be for the Office of China Compliance; $245; $229,702,000 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: Provided further, That the International Trade Administration shall be exempt from the requirements of Circular A-25 (or any successor administrative regulation or policy) issued by the Office of Management and Budget: Provided further, That negotiations shall be conducted within the World Trade Organization to recognize the right of members to distribute monies collected from antidumping and countervailing duties: Provided further, That negotiations shall be conducted within the World Trade Organization consistent with the negotiating objectives contained in the Trade Act of 2002, Public Law 107-210. CommentsClose CommentsPermalink

Bureau of Industry and Security

OPERATIONS AND ADMINISTRATION 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 of28 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. CommentsClose CommentsPermalink

Economic Development Administration

ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMSFor grants for economic 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, $2750,000,000, to remain available until expended. CommentsClose CommentsPermalink

SALARIES AND EXPENSES 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. CommentsClose CommentsPermalink

Minority Business Development Agency

MINORITY BUSINESS DEVELOPMENT 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, $31,2250,200,000. CommentsClose CommentsPermalink

Economic and Information Infrastructure

Economic and Statistical Analysis

SALARIES AND EXPENSES salaries and expenses

For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $86,55,000,000, to remain available until September 30, 2009. CommentsClose CommentsPermalink

Bureau of the Census

SALARIES AND EXPENSES salaries and expenses

For expenses necessary for collecting, compiling, analyzing, preparing, and publishing statistics, provided for by law, $196,838,000.PERIODIC CENSUSES AND PROGRAMSFor necessary226,238,000. CommentsClose CommentsPermalink

For expenses to collect and publish statistics for periodic censuses and programs provided for by law, $1,035,406,000 (reduced by $10,000,000), 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 category20,406,000, to remain available until September 30, 2009. CommentsClose CommentsPermalink

National Telecommunications and Information Administration

SALARIES AND EXPENSES salaries and expenses

For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $18,581,000 (increased by $5,000,000), to remain available until September 30, 2009: Provided, ThatProvided, 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. CommentsClose CommentsPermalink

PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION 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: 0,000,000, to remain available until expended: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. CommentsClose CommentsPermalink

United States Patent and Trademark Office

SALARIES AND EXPENSES 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 providedany amount received in excess of $1,915,500,000 in fiscal year 2008, in an amount up to $100,000,000, shall remain available until expended: Provided further, That not less than 1,020 full-time equivalents, 1,082 positions and $214,150,000 shall be for the examination of trademark applications; and not less than 8,522 full-time equivalents, 9,000 positions and $1,701,402,000 shall be for the examination and searching of patent applications: Provided further, That not less than $18,000,000 shall be for training of personnel: Provided further, That any deviation from the full-time equivalent, position, and funding designations set forth in the preceding provisos shall be subject to the procedures set forth in section 505 of this Act: Provided further, That from amounts provided herein, not to exceed $15,000 shall be made available in fiscal year 2008 for official reception and representation expenses: Provided further, That in fiscal year 2008notwithstanding section 1353 of title 31, United States Code, no employee of the United States Patent and Trademark Office may accept payment or reimbursement from a non-Federal entity for travel, subsistence, or related expenses for the purpose of enabling an employee to attend and participate in a convention, conference, or meeting when the entity offering payment or reimbursement is a person or corporation subject to regulation by the Office, or represents a person or corporation subject to regulation by the Office, unless the person or corporation is an organization exempt from taxation pursuant to section 501(c)(3) of the Internal Revenue Code of 1986: 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, ofDivision B, Public Law 108-447 shall remain in effect during fiscal year 2008.Science and TechnologyTechnology AdministrationSALARIES AND EXPENSESFor necessary expenses for the Under Secretary for Technology, $1,000,000, to remain available until September 30, 2009: Provided further, That the Director may reduce patent filing fees payable in 2008 for documents filed electronically consistent with Federal regulation. CommentsClose CommentsPermalink

National Institute of Standards and Technology

SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES scientific and technical research and services

For necessary expenses of the National Institute of Standards and Technology, $500,52,117,000, to remain available until expended, of which not to exceed $12,500,000 may be transferred to the `Working Capital Fund':Provided, That not to exceed $7,500 shall be for official reception and representation expenses. CommentsClose CommentsPermalink

industrial technology services

For necessary expenses of the Hollings Manufacturing Extension Partnership of the National Institute of Standards and Technology, $108,75710,000,000, to remain available until expended. CommentsClose CommentsPermalink





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 FACILITIES100,000,000, to remain available until expended, of which not to exceed $1,500,000 shall be for Institutional Support:Provided, That no single applicant awards shall be made to companies with revenues greater than $1,000,000,000: Provided further, That funds shall not support Standards Development pursuant to 15 U.S.C. 278n(h). CommentsClose CommentsPermalink

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 including agency recreational and welfare 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, $150,900,000, to remain available until expended: Provided, That the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000 and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years: Provided further, That notwithstanding any other provision of law, of the amount made available for construction of research facilities, $8,000,000 shall be for the University of Mississippi Medical Center Biotechnology Research Park; $8,000,000 shall be for the Mississippi State University Research, Technology and Economic Development Park; $2,000,000 shall be for the University of Southern Mississippi Innovation and Commercialization Park Infrastructure and Building Construction and Equipage; $5,000,000 shall be for the Alabama State University Life Sciences Building; and $30,000,000 shall be for laboratory and research space at the University of South Alabama Engineering and Science Center. CommentsClose CommentsPermalink

National Oceanic and Atmospheric Administration

OPERATIONS, RESEARCH, AND FACILITIES 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 (reduced by $500,000) (increased by $500,000), to remain available until September 30, 2009, except for funds provided for cooperative enforcement which shall remain available until September 30, 2010: $3,036,888,000, to remain available until September 30, 2008, except for funds provided for cooperative enforcement, which shall remain available until September 30, 2009: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 $2,847,5563,121,888,000 provided for in direct obligations under this heading $3,036,888,000 is appropriated from the general fund, $80,000,000 is provided by transfer, and $115,000,000 is derived from recoveries of prior year obligations.: Provided further, That of the funds provided under this heading, $250,000 is made available until expended subject to procedures set forth in section 209 of Public Law 108-447: Provided further, That no general administrative charge shall be applied against an assigned activity included in this Act or the report accompanying this Act: Provided further, That the total amount available for the National Oceanic and Atmospheric Administration corporate services administrative support costs shall not exceed $209,179,000: Provided further, That payments of funds made available under this heading to the Department of Commerce Working Capital Fund including Department of Commerce General Counsel legal services shall not exceed $34,425,000: Provided further, That any deviation from the amounts designated for specific activities in the report accompanying this Act, or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further, That grants to States pursuant to sections 306 and 306A of the Coastal Zone Management Act of 1972, as amended, shall not exceed $2,000,000, unless funds provided for `Coastal Zone Management Grants' exceed funds provided in the previous fiscal year: Provided further, That if funds provided for `Coastal Zone Management Grants' exceed funds provided in the previous fiscal year, then no State shall receive more than 5 percent or less than 1 percent of the additional funds: Provided further, That for fiscal year 2008 and hereafter 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 accordance with section 215 of Public Law 107-372 the number of officers in the NOAA Commissioned Officer Corps shall increase to 321: Provided further, That for fiscal year 2009 and hereafter the National Oceanic and Atmospheric Administration shall submit its budget request to Congress concurrently with its submission to the Office of Management and Budget: Provided further, That of the funds provided, $15,000,000 is provided for the alleviation of economic impacts associated Framework 42 on the Massachusetts groundfish fishery: Provided further, That of the funds available for the Ocean Research Priorities Plan Implementation, such sums as may be necessary may be set aside to initiate the study to be completed within 2 years on acidification of the oceans and how this process affects the United States as authorized by section 701 of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 (Public Law 109-479; 120 Stat. 3649): Provided further, That of the funds provided, not less than $15,000,000 shall be available to carry out activities under section 315 of the Magnuson-Stevens Fishery Conservation and Management Act (8 U.S.C. 1864): Provided further, That of the funds provided under this heading for the Office of Response and Restoration funds may be used from the Damage Assessment Restoration Revolving Fund for sampling, and analysis related to the disposal of obsolete vessels owned or operated by the Federal Government in Suisun Bay, California: Provided further, That of the funds provided under this heading, up to $275,000 may be available for the purchase and distribution of bycatch reduction devices to shrimpers in areas of the Gulf Coast impacted by Hurricane Rita or Hurricane Katrina during 2005. 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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. chapter. 55), such sums as may be necessary. CommentsClose CommentsPermalink

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 3 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 procurement, acquisition and construction

For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $1,039,09889,000,000, to remain available until September 30, 2010, except funds provided for construction of facilities which shall remain available until expended: 09, 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. CommentsClose CommentsPermalink

PACIFIC COASTAL SALMON RECOVERY 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 FUND90,000,000. CommentsClose CommentsPermalink

(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. CommentsClose CommentsPermalink

FISHERIES FINANCE PROGRAM ACCOUNT 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, of 1936. CommentsClose CommentsPermalink

Other

Departmental Management

SALARIES AND EXPENSES 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 (reduced by $25,000,000)3,193,000:Provided, That of the amounts provided to the Secretary within this account, $10,000,000 shall not become available for obligation until the Secretary certifies to the Committees on Appropriations that the Bureau of the Census has followed, and met all best practices, and all Office of Management and Budget guidelines related to information technology projects: Provided further, That the Secretary, within 120 days of enactment of this Act, shall provide a report to the Committees on Appropriations that audits and evaluates all decision documents and expenditures by the Bureau of the Census as they relate to the 2010 Census: Provided further, That the Secretary, within 120 days of the enactment of this Act, shall provide a report to Congress that is publicly available on the Bureau's website on the steps that the Census Bureau will take to allow citizens the opportunity to complete the decennial census and the American Community Survey over the Internet. CommentsClose CommentsPermalink

HCHB RENOVATION AND MODERNIZATION

For expenses necessary for the renovation and modernization of the Herbert C. Hoover Building, $3,3645,100,000, to remain available until expended. CommentsClose CommentsPermalink

OFFICE OF INSPECTOR GENERAL 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. CommentsClose CommentsPermalink

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. CommentsClose CommentsPermalink

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. CommentsClose CommentsPermalink





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 by31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901-5902). CommentsClose CommentsPermalink





SEC. 103. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers:Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Senate 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 Commerceor any other Departments of Commerce, Justice, Science, and Related Agencies Appropriations Act: Provided further, That for the National Oceanic and Atmospheric Administration this section shall provide for transfers among appropriations made only to the National Oceanic and Atmospheric Administration and such appropriations may not be transferred and reprogrammed to other Department of Commerce bureaus and appropriation accounts. CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





SEC. 105. EXTENSION OF GUARANTEE AUTHORITY. (a) IN GENERAL- 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'. CommentsClose CommentsPermalink





(b) CONFORMING AMENDMENTS- Paragraphs (1) and (2) of section 101(b) of the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) are each amended by striking `in 1998' and inserting `since 1998'. CommentsClose CommentsPermalink





(c) DEFINITION OF QUALIFIED STEEL COMPANY- Subparagraph (C) of section 101(c)(3) of the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by striking `, in 1998' and inserting `in 1998, and thereafter,'. CommentsClose CommentsPermalink





(d) SALARIES AND ADMINISTRATIVE EXPENSES- The Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by adding at the end the following: CommentsClose CommentsPermalink

`(a) In addition to funds made available under section 101(j) of the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note), up to $1,000,000 in funds made available under section 101(f) of such Act may be used for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee Program. CommentsClose CommentsPermalink





`(b) Funds made available for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee Program shall remain available until expended.'. CommentsClose CommentsPermalink





SEC. 106. Notwithstanding any other provision of law, no funds appropriated under this Act shall be used to register, issue, transfer, or enforce any trademark of the phrase `Last Best Place'. CommentsClose CommentsPermalink





SEC. 107.Section 3315b(b) of title 19, United States Code, 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'. CommentsClose CommentsPermalink





SEC. 106. Section 214 of division B, Public Law 108-447 (118 Stat. 2884-86) is amended--(1) by inserting `and subject to subsection (f)' after `program' in subsection (a); and(2) by striking 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--(1) by inserting `and subject to subsection (e)' following the word `program' in subsection (a); and(2) by striking subsection (e) and inserting the following:`(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 Code4703(d), the personnel management demonstration project established by the Department of Commerce pursuant to such section5 U.S.C. 4703 may be expanded to involve more than 5,000 individuals, and is extended indefinitely. CommentsClose CommentsPermalink





SEC. 109. (a) The Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.) is amended by striking section 5 andPublic Law 96-480), as amended, is amended by: CommentsClose CommentsPermalink





(1) deleting section 5; CommentsClose CommentsPermalink





(2) deleting paragraphs (1) and (3) of section 4, and; and CommentsClose CommentsPermalink





(3) redesignating paragraphs (2) and (4) through (13) of section 4 as paragraphs (1) through (11), respectively. CommentsClose CommentsPermalink





(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 Public Law 100-519), as amended, is amended by striking `Under Secretary of Commerce for Technology' and inserting `Director of the National Institute of Standards and Technology'. CommentsClose CommentsPermalink





SEC. 110. The Secretary of Commerce is permitted to prescribe and enforce standards or regulations affecting safety and health in the context of scientific and occupational diving within the National Oceanic and Atmospheric Administration. CommentsClose CommentsPermalink





SEC. 111. NOAA PACIFIC REGIONAL CENTER. (a) IN GENERAL- The National Oceanic and Atmospheric Administration (NOAA) is authorized to engage in planning, design, acquisition, renovation, construction and related activities to complete NOAA's Pacific Regional Center on Ford Island, Hawaii, consisting of the following: adaptive re-use and renovation of hangars 175 and 176, and construction of a new interconnecting building and other related structures. Funds are hereby authorized to be appropriated for fiscal years beginning after September 2007 for purposes of completing the Center. CommentsClose CommentsPermalink





(b) INCREMENTAL FUNDING- Of the funds appropriated elsewhere in this Act, $20,250,000 are available for obligation and expenditure as an additional increment to funds previously appropriated for the NOAA Pacific Regional Center. These funds may be expended incrementally through multiple year contracts for design, construction and related activities for the Center; and remain available until expended. CommentsClose CommentsPermalink





SEC. 112. PAPAHA.AE8NAUMOKUAAE8KEA FISHERY REDUCTION. (a) IN GENERAL- The PapahaAE8naumokuaAE8kea Marine National Monument was created by Presidential proclamation on June 15, 2006 to protect more than 7,000 marine and terrestrial species including protection for the habitat for the endangered Hawaiian monk seal, threatened Hawaiian green sea turtle and other marine species. The Presidential proclamation will phase out all commercial fishing by June 15, 2011. The Secretary of Commerce is authorized to conduct a voluntary capacity reduction program to remove all commercial fishing capacity in the area prior to that date. CommentsClose CommentsPermalink





(b) REGULATIONS- The Secretary shall promulgate regulations for the voluntary capacity reduction program that: CommentsClose CommentsPermalink





(1) identifies eligible participants as those individuals engaged in commercial fishing in the designated waters within the Papaha.AE8naumokuaAE8kea Marine National Monument pursuant to a valid commercial Federal fishing permit in the 2006 fishing season; CommentsClose CommentsPermalink





(2) provides a mechanism to compensate eligible participants for no more than the economic value of their permits, their vessels or vessel endorsements, and fishing gear; CommentsClose CommentsPermalink





(3) ensures that commercial fishing vessels of eligible participants cannot be used in fishing anywhere in the world; CommentsClose CommentsPermalink





(4) for the commercial fishing vessels of eligible participants, ensures CommentsClose CommentsPermalink





(A) that documentation be provided showing that such vessel has been scrapped or scuttled or, CommentsClose CommentsPermalink





(B) that the Secretary of the department in which the Coast Guard is operating places a title restriction on the fishing vessel permanently prohibiting and effectively preventing its use in fishing, and CommentsClose CommentsPermalink





(C) that the vessel must remain in Federal documentation and that the Maritime Administration will prohibit the reflagging of the vessel. CommentsClose CommentsPermalink





(c) AUTHORIZATION- There is authorized no more than $7,500,000 and there is appropriated $7,500,000 of the amount provided in this Act for National Oceanic and Atmospheric Administration's `Operations, research, and facilities' to implement this program. CommentsClose CommentsPermalink





(d) CLARIFICATION- Nothing in this section is intended to enlarge or diminish Federal or State title, jurisdiction, or authority with respect to the waters of the Northwestern Hawaiian Islands or the tidal or submerged lands under any provision of State or Federal law. CommentsClose CommentsPermalink





SEC. 113. NIST Building 1 Extension. Of the funds appropriated elsewhere in this Act, $28,000,000 are available for obligation and expenditure as an additional increment to funds previously appropriated for this project. These funds may be expended incrementally through multiple year contracts for design, construction and related activities for the Building 1 Extension; and remain available until expended. CommentsClose CommentsPermalink





SEC. 114. Limitations on Satellite Acquisitions by the Department of Commerce. (a) Certification- CommentsClose CommentsPermalink





(1) REQUIREMENT FOR CERTIFICATION- Prior to the date that the certification described in paragraph (2) is made, the Secretary may not-- CommentsClose CommentsPermalink





(A) obligate funds provided by this Act or by previous appropriations Acts to acquire satellites; or CommentsClose CommentsPermalink





(B) receive approval of-- CommentsClose CommentsPermalink





(i) a major milestone; or CommentsClose CommentsPermalink





(ii) a key decision point. CommentsClose CommentsPermalink





(2) CONTENT OF CERTIFICATION- The certification described in this paragraph is a certification made by the Secretary and the Director that-- CommentsClose CommentsPermalink





(A) the technology utilized in the satellites has been demonstrated in a relevant environment; CommentsClose CommentsPermalink





(B) the program has demonstrated a high likelihood of accomplishing the its intended goals; and CommentsClose CommentsPermalink





(C) the acquisition of satellites for use in the program represents a good value-- CommentsClose CommentsPermalink





(i) in consideration of the per unit cost and the total acquisition cost of the program and in the context of the total resources available for the fiscal year in which the certification is made and the future out-year budget projections for the Department of Commerce; and CommentsClose CommentsPermalink





(ii) in consideration of the ability of the Secretary to accomplish the goals of the program using alternative systems. CommentsClose CommentsPermalink





(3) SUBMISSION TO CONGRESS- Not later than the 30 days after the date of the enactment of this Act, the Secretary and the Director shall submit to the appropriate congressional committees-- CommentsClose CommentsPermalink





(A) the certification described in paragraph (2); or CommentsClose CommentsPermalink





(B) a report on the reasons that such certification cannot be made. CommentsClose CommentsPermalink





(b) Definitions- In this section: CommentsClose CommentsPermalink





(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means-- CommentsClose CommentsPermalink





(A) the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate; and CommentsClose CommentsPermalink





(B) the Committee on Appropriations and the Committee on Science and Technology of the House of Representatives. CommentsClose CommentsPermalink





(2) DIRECTOR- The term `Director' means the Director of the Office of Management and Budget. CommentsClose CommentsPermalink





(3) KEY DECISION POINT- The term `key decision point' means the initiation of procurement for a major system or subsystem of a program. CommentsClose CommentsPermalink





(4) MAJOR MILESTONE APPROVAL- The term `major milestone approval' means a decision to enter into development of a system for a program. CommentsClose CommentsPermalink





(5) PROGRAM- The term `program' means the programs of the National Oceanic and Atmospheric Administration for which satellites will be acquired. CommentsClose CommentsPermalink





(6) SATELLITE- The term `satellite' means the satellites proposed to be acquired for the National Oceanic and Atmospheric Administration, other than the National Polar-orbiting Operational Environmental Satellite System (NPOESS). CommentsClose CommentsPermalink





(7) SECRETARY- The term `Secretary' means the Secretary of Commerce. CommentsClose CommentsPermalink





(c) Independent Cost Estimates- CommentsClose CommentsPermalink





(1) REQUIREMENT- The Secretary may not approve the development or acquisition of a program unless an independent estimate of the full life-cycle cost of the program has been considered by the Secretary. CommentsClose CommentsPermalink





(2) REGULATIONS- The Secretary shall prescribe regulations governing the content and submission of the estimate required by paragraph (1). The regulations shall require that each such estimate-- CommentsClose CommentsPermalink





(A) be prepared by an office or other entity that is not under the supervision of the Under Secretary of Oceans and Atmosphere; and CommentsClose CommentsPermalink





(B) include all costs of development, procurement, construction, operations, maintenance, and management of the program. CommentsClose CommentsPermalink





(d) Requirement for Analysis if Unit Costs Exceed 15 Percent- CommentsClose CommentsPermalink





(1) REQUIREMENT- If the percentage increase in the acquisition cost of a program in which the acquisition unit cost or procurement unit cost exceeds 15 percent more than the baseline cost of the program, the Secretary shall initiate an analysis of the program. Such analysis of alternatives shall include, at a minimum, the following: CommentsClose CommentsPermalink





(A) The projected cost to complete the program if current requirements are not modified. CommentsClose CommentsPermalink





(B) The projected cost to complete the program based on potential modifications to the requirements. CommentsClose CommentsPermalink





(C) The projected cost to complete the program based on design modifications, enhancements to the producibility of the program, and other efficiencies. CommentsClose CommentsPermalink





(D) The projected cost and capabilities of the program that could be delivered within the originally authorized budget for the program, including any increase or decrease in capability. CommentsClose CommentsPermalink





(E) The projected costs for an alternative system or capability. CommentsClose CommentsPermalink





(2) SUBMISSION TO CONGRESS- The analysis of alternatives required under paragraph (1) with respect to a program shall be-- CommentsClose CommentsPermalink





(A) completed not later than 6 months after the date of that the Secretary determines that the cost of the program exceeds 15 percent more than the baseline cost of the program; and CommentsClose CommentsPermalink





(B) submitted to the appropriate congressional committees not later than 30 days after the date the analysis is completed. CommentsClose CommentsPermalink





(3) CLARIFICATION OF COST ESCALATION- For the purposes of determining whether cost of the Geostationary Operational Environmental Satellite Program exceeds 15 percent more than the baseline cost under paragraph (1), the baseline cost of the such Program is $6,960,000,000. CommentsClose CommentsPermalink





SEC. 115. Intangible Assets Investment Study. (a) In General- Not later than 60 days after the date of the enactment of this Act, the Director of the Bureau of Economic Analysis of the Department of Commerce shall enter into an agreement with the Council of the National Academy of Sciences to conduct a study, which shall-- CommentsClose CommentsPermalink





(1) recommend steps to improve the measurement of intangible assets and their incorporation in the National Income and Product Accounts; CommentsClose CommentsPermalink





(2) identify and estimate the size of the Federal Government's investment in intangible assets; CommentsClose CommentsPermalink





(3) survey other countries' efforts to measure and promote investments in intangible assets; and CommentsClose CommentsPermalink





(4) recommend policies to accelerate private and public investment in the types of intangible assets most likely to contribute to economic growth. CommentsClose CommentsPermalink





(b) Completion- The National Academy of Sciences shall complete the study described in subsection (a) not later than 18 months after the date on which the agreement described in subsection (a) was signed. CommentsClose CommentsPermalink





(c) Funding- From the funds appropriated for economic and statistical analysis under this title, the Secretary of Commerce may set aside sufficient amounts to complete the study described in subsection (a). CommentsClose CommentsPermalink





Sec. 116. United States Economic Data. (a) Of the funds provided in this title for Economic and Information Infrastructure under the heading `ECONOMIC AND STATISTIC ANALYSIS', $950,000 may be used to carry out the study and report required under this section. CommentsClose CommentsPermalink





(b) Not later than 60 days after the date of the enactment of this Act, the Secretary of Commerce shall enter into a contract with the National Academy of Sciences to conduct a study and report on whether the import price data published by the Bureau of Labor Statistics and other economic data collected by the United States accurately reflect the economic condition of the United States. CommentsClose CommentsPermalink





(c)(1) The report required by subsection (b) shall include an analysis of the methods used to determine the condition of the United States economy and shall address-- CommentsClose CommentsPermalink





(A) whether the statistical measure of the United States economy correctly interprets the impact of imports and outsourced production; CommentsClose CommentsPermalink





(B) whether the statistical measures of the United States economy result in an accurate report of United States gross domestic product (GDP), productivity, and other aspects of economic performance; CommentsClose CommentsPermalink





(C) whether the impact of imports on United States manufacturing levels and competitiveness is accurately reported; and CommentsClose CommentsPermalink





(D) whether other countries are accounting for import prices more accurately or frequently than the United States. CommentsClose CommentsPermalink





(2) If the findings of the report indicate that the methods used for accounting for imported goods and United States wages result in overstating economic growth, domestic manufacturing output, and productivity growth, the report shall include recommendations with respect to-- CommentsClose CommentsPermalink





(A) what actions should be taken to produce more accurate import price indices on a regular basis; and CommentsClose CommentsPermalink





(B) what other measures of economic analysis should be used to accurately reflect the globalization of economic activity and offshoring of domestic production. CommentsClose CommentsPermalink





(d) The report required by subsection (b) shall be completed and submitted to Congress not later than 18 months after the date of the contract described in subsection (b). CommentsClose CommentsPermalink





Sec. 117. (a) IN GENERAL- The Secretary of Commerce may-- CommentsClose CommentsPermalink





(1) develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing, including vessels or vessel owners identified by an international fishery management organization, whether or not the United States is a party to the agreement establishing such organization; and CommentsClose CommentsPermalink





(2) take appropriate action against listed vessels and vessel owners, including action against fish, fish parts, or fish products from such vessels, in accordance with applicable United States law and consistent with applicable international law, including principles, rights, and obligations established in applicable international fishery management and trade agreements. CommentsClose CommentsPermalink





(b) RESTRICTIONS ON PORT ACCESS OR USE- Action taken by the Secretary under subsection (a)(2) that include measures to restrict use of or access to ports or port services shall apply to all ports of the United States and its territories. CommentsClose CommentsPermalink





(c) REGULATIONS- The Secretary may promulgate regulations to implement this section. CommentsClose CommentsPermalink





This title may be cited as the `Department of Commerce Appropriations Act, 2008'. CommentsClose CommentsPermalink

TITLE II

DEPARTMENT OF JUSTICE

General Administration

SALARIES AND EXPENSES

For expenses necessary for the administration of the Department of Justice, $104,777,000 (reduced by $6,250,000) (reduced by $5,000,000) (reduced by $25,000,000), of which not to exceed $3,317,000 is for security for and construction of Department of Justice facilities, to remain available until expended: Providedand construction of Department of Justice facilities, to remain available until expended:Provided, That the Attorney General is authorized to transfer funds appropriated within General Administration to any office in this account: Provided further, That no appropriations for any office within General Administration shall be increased or decreased by more than 5 percent by all such transfers: Provided further, That $12,684,000 is for Department Leadership; $7,664,000 is for Intergovernmental Relations/External Affairs; $11,832,000 is for Executive Support/Professional Responsibility; and $72,597,000 is for the Justice Management Division: Provided further, That any change in funding greater than 5 percent shall be submitted for approval to the Senate Committee on Appropriations consistent with the terms of section 505 of this Act: Provided further, That this transfer authority is in addition to transfers authorized under section 505 of this Act: Provided further, 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$30,000 shall be available for official reception and representation expenses: Provided further, That $10,000,000 shall only be used to address the health safety and security issues identified in the United States Department of Justice, Office of Inspector General Report I-2007-008. CommentsClose CommentsPermalink

JUSTICE INFORMATION SHARING TECHNOLOGY

For necessary expenses for information sharing technology, including planning, development, deployment and dDepartmental direction, $100,50095,795,000, to remain available until expended, of which not less than:Provided, That, of the funds available, up to $21,000,000 is for the unified financial management system to be administered by the Unified Financial Management System Executive Council. CommentsClose CommentsPermalink

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 existingconversion to narrowband communications, including the cost for operation and maintenance of Land Mobile Radio legacy systems, $8176,353,000, 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: Provided further, That the Attorney General shall transfer to the `Narrowband Communications/Integrated Wireless Network' account all funds made available in this Act to the Department of Justice for the purchase of portable and mobile radios and related infrastructure and any transfer made under this section shall be subject to section 505 of this Act. CommentsClose CommentsPermalink

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 Examinations Fee' account:Provided, That $4,000,000 shall be expended on the Executive Office for Immigration Review's Legal Orientation Programs. CommentsClose CommentsPermalink

DETENTION TRUSTEE

For necessary expenses of the Federal Detention Trustee, $1,260,872,000, to remain available until expended: 5,872,000:Provided, That the Trustee shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further, That not to exceed and for overseeing housing related to such detention: Provided further, That any unobligated balances available in prior years from the funds appropriated under the heading `Federal Prisoner Detention' shall be transferred to and merged with the appropriation under the heading `Detention Trustee' and shall be available until expended: Provided further, That funds 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). CommentsClose CommentsPermalink

OFFICE OF INSPECTOR GENERAL office of inspector general

For necessary expenses of the Office of Inspector General, $74,708,0003,700,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character:Provided, That within 200 days of enactment of this Act, the Inspector General shall conduct an audit and issue a report to the Committees on Appropriations of all expenses of the legislative and public affairs offices at each location of the Justice Department, its bureaus and agencies, including but not limited to every field office and headquarters component; the audit shall include any and all expenses related to these activities. CommentsClose CommentsPermalink

United States Parole Commission

SALARIES AND EXPENSES salaries and expenses

For necessary expenses of the United States Parole Commission as authorized, $12,194,000. CommentsClose CommentsPermalink

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 amount3,000,000, of which not to exceed $10,000,000 is for litigation support contracts and 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 2105 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,: Provided further, That in addition there is hereby appropriated $6,833,000 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 appropriatedto be appropriated from the Vaccine Injury Compensation Trust Fund. CommentsClose CommentsPermalink

SALARIES AND EXPENSES, ANTITRUST DIVISION 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,Provided, That, notwithstanding any other provision of law, not to exceed $139,000,000 of offsetting collections derived from 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 not more than $16,097,000. CommentsClose CommentsPermalink

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 (increased by $750,000): :Provided, That of the total amount appropriated, not to exceed $8,000,000 shall be available for official reception and representation expenses: Provided further, That not to exceed $20,000,000 shall remain available until expended. CommentsClose CommentsPermalink

UNITED STATES TRUSTEE SYSTEM FUND united states trustee system fund

For necessary expenses of the United States Trustee SysteProgram, as authorized, $189,000231,899,000, 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 furtherProvided, 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, : Provided further, That, notwithstanding any other provision of law, $184,000,000 of offsetting collections pursuant to 28 U.S.C. 589a(b) shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That the sum herein appropriated from the Fund shall be reduced as such offsetting collections are received during fiscal year 2008, so as to result in a final fiscal year 2008 appropriation from the Fund estimated at $0. CommentsClose CommentsPermalink

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. 3109section 3109 of title 5, United States Code, $1,709,000. CommentsClose CommentsPermalink

UNITED STATES MARSHALS SERVICESALARIES AND EXPENSESnited States Marshals Service

For necessary expenses of the United States Marshals Service, $883,76696,860,000; of which not to exceed $620,000 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:Provided, That 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: Provided further, That an additional $7,845,000 shall be available to carry out the Adam Walsh Child Protection and Safety Act of 2006 offset by a reduction in the amount available for the Advanced Technology Program under the heading `Industrial Technology Services' in title I of $7,845,000. CommentsClose CommentsPermalink

For construction in space controlled, occupied, or utilized by the United States Marshals Service for prisoner holding and related support, $2,451, $8,015,000, to remain available until expended. CommentsClose CommentsPermalink

FEES AND EXPENSES OF WITNESSES 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:Provided, That, not to exceed $10,000,000 may be made available for construction of buildings for protected witness safesites; not to exceed $3,000,000 is: Provided further, That not to exceed $3,000,000 may be made available for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $9,000,000 is: Provided further, That not to exceed $9,000,000 may be made available for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses. CommentsClose CommentsPermalink

SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE community relations service

For necessary expenses of the Community Relations Service, $9,794,000: 10,230,000:Provided, That notwithstanding section 2105 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: Provided further, That of the amount appropriated under this heading, $2,000,000 shall be used for salaries and expenses for hiring additional conciliators for the regional offices of the Community Relations Service of the Department of Justice: Provided further, That not less than 3 of the conciliators hired under the preceding proviso shall be employed in region 6. CommentsClose CommentsPermalink

For expenses authorized by 28 U.S.C. 524(c)(1)subparagraphs (B), (F), and (G) ofsection 524(c)(1) of title 28, United States Code, $20,990,000, to be derived from the Department of Justice Assets Forfeiture Fund. CommentsClose CommentsPermalink

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 205Provided, That notwithstanding section 204 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 transfertransfer 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. CommentsClose CommentsPermalink

Interagency Law Enforcement

INTERAGENCY CRIME AND DRUG 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 appropriationsProvided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation. CommentsClose CommentsPermalink

Federal Bureau of Investigation

SALARIES AND EXPENSES 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 (increased by $5,500,000), $6,372,250,000; 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.CONSTRUCTIONBI: Provided further, That not later than 60 days after the enactment of this Act, the Director of the FBI shall submit to the Committee on Appropriations and the Committee on Judiciary of each House a report that evaluates the FBI's current work force allocation and assesses the right-sizing and realignment of agents, analysts and support personnel currently in field offices to better meet the FBI's mission requirements and priorities. CommentsClose CommentsPermalink

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 fFederally-owned buildings; and preliminary planning and design of projects; $33,191,000 (reduced by $5,000,000), to remain available until expended206,400,000, to remain available until expended:Provided, That $63,700,000 shall be available for Sensitive Compartmented Information Facilities (SCIFs). CommentsClose CommentsPermalink

Drug Enforcement Administration

SALARIES AND EXPENSES salaries and expenses

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000,000 to meet unforeseen emergencies of a confidential character pursuant to 28 U.S.C. 530C; andsection 530C of title 28, United States Code; 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, $1,842,56954,157,000; 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. CommentsClose CommentsPermalink

Bureau of Alcohol, Tobacco, Firearms and ExplosivesSALARIES AND EXPENSES, and Explosives

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 , and Explosives, including not to exceed $50,000 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)section 924(d)(2) of title 18, United States Code; and of which $10,000,000 shall remain available until expended: Provided, That no funds appropriated herein shall be available for salaries or administrative expenses in connection with consolidating or centralizing, within the Department of Justice, the records, or any portion thereof, of acquisition and disposition of firearms maintained by Federal firearms licensees: Provided further, That no funds appropriated herein shall be used to pay administrative expenses or the compensation of any officer or employee of the United States to implement an amendment or amendments to 27 CFR 178.118 or to change the definition of `Ccurios 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,That 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 with respect to any previous fiscal year, fiscal year 2008, and any fiscal year thereafter may be used to disclose all or part of any information received or generated by the Bureau of Alcohol, Tobacco, Firearms and Explosives or anyin connection with any request to trace a firearm, or 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)title 18, United States Code, except-- CommentsClose CommentsPermalink





(1) to an official of a Federal, State, local, tribal, or foreign law enforcement agency,tribal, local, or foreign law enforcement agency or a Federal, State, or local prosecutor, who certifies that the information is sought solely in connection with and for use in a bona fide criminal investigation or prosecution; or (2) a Federal agency for abona fide criminal prosecution, or for national security or intelligence purpose; and all such datas, and will not be used or disclosed for any other purpose; CommentsClose CommentsPermalink





(2) for use in an action or proceeding commenced by the Attorney General to enforce the provisions of chapter 44 of title 18, United States Code; chapter 53 of title 26, United States Code; chapter 3 of the Arms Export Control Act; or a review of such an action or proceeding; or CommentsClose CommentsPermalink





(3) for use in an action or proceeding commenced by the Secretary of the Treasury to enforce part III of subchapter D of chapter 32 of the Internal Revenue Code of 1986, or a review of such an action or proceeding: CommentsClose CommentsPermalink





Provided further, That nothing in the previous proviso shall be construed to prevent the sharing or exchange of such information among and between Federal, State, tribal, local or foreign law enforcement agencies or Federal, State, or local prosecutors, or national security, intelligence, or counterterrorism officials, provided that such information, regardless of its source, is shared, exchanged, or used solely in connection with bona fide criminal investigations or bona fide criminal prosecutions or for national security or intelligence purposes: Provided further, That information in the Firearms Trace System database maintained by the National Trace Center, including all information received or generated by of the Bureau of Alcohol, Tobacco, Firearms and Explosives shall be immune from legal process, shall not be subject to subpoena or other discovery, shall be inadmissible in evidence, and shall not benot be used, relied on, or disclosed in any manner, and, regardless of when disclosed including previously disclosed information, shall not be admissible as evidence, nor shall testimony or other evidence be permitted based on the data, in a civil action in any State (including the ased on such data be admissible as evidence, in any civil action pending on or filed after the effective date of this subparagraph in any State or Federal court (including any court in the District of Columbia) or Federal court or in an, or in any 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 provisotitle 18, United States Code; chapter 53 of title 26, United States Code; chapter 3 of the Arms Export Control Act; a proceeding commenced by the Secretary of the Treasury to enforce part III of subchapter D of chapter 32 of the Internal Revenue Code of 1986; or judicial review of such actions or proceedings. This provision shall not be construed to prevent: (A) the disclosure of statistical information concerning total production, importation, and exportation by each licensed importer (as defined in section 921(a)(9) of such title19) of title 18) and licensed manufacturer (as defined in section 921(1)(10) of such title); (B) the sharing or exchange of such information among and between Federal, State, local, or foreign law enforcement agencies, Federal, State, or local prosecutors, and Federal national security, intelligence, or counterterrorism officials; or (C) the publication of annual statistical reports on products regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives, including total production, importation, and exportation by each licensed importer (as so defined) and licensed manufacturer (as so defined), or statistical aggregate data regarding firearms traffickers and trafficking channels, or firearms misuse, felons, and trafficking investigationsa)(10) of title 18): 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 SystemSALARIES AND EXPENSES: Provided further, That notwithstanding any other provision of law, home to work transportation currently allotted to Bureau of Alcohol, Tobacco, Firearms and Explosives field operations is extended to headquarters executive Special Agents and designees. CommentsClose CommentsPermalink

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 64240, of which 605 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,51,440,000: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 cContract Confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses authorized by section 501(c) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and security in the United States of Cuban and Haitian entrants: Provided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities. CommentsClose CommentsPermalink

BUILDINGS AND FACILITIESFor the modernization, maintenance, and repair of buildings and facilities, including all necessary buildings and facilities

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $95,003495,000,000, 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. CommentsClose CommentsPermalink

FEDERAL PRISON INDUSTRIES, INCORPORATEDThe Federal Prison 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 bysection 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. CommentsClose CommentsPermalink

LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED 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. 3109section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest. CommentsClose CommentsPermalink

Office on Violence Against Women

VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS 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. 34711 et seq.) (`the 1968 Act'); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1796) (`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 eEnd the Exploitation of Children Today Act of 2003 (Public Law 108-21; 117 Stat. 650); the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (`the 1974 Act'); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386; 114 Stat. 1464) (`the 2000 Act'); and the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 2960) (`the 2005 Act');$430,000,000 (increased by $10,000,000) $390,000,000, 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: Provided, That except as otherwise provided by law, not to exceed 3 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided-- CommentsClose CommentsPermalink





(1) $1,500,000 is for grants for televised testimony, as authorized by part N of the 1968 Act; CommentsClose CommentsPermalink





(2) $186,500,000 is for grants to combat violence and violent crimes against women, as authorized by part T of the 1968 Act, as amended by section 101 of the 2005 Act, of which-- CommentsClose CommentsPermalink





(A) $20,000,000 shall be for,000,000 shall be for the National Institute of Justice for research and evaluation of violence against women; and CommentsClose CommentsPermalink





(B) $17,000,000 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(a) of the 1994 Act; CommentsClose CommentsPermalink





(3) $55,000,000 is 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 (increased by $10,000,000); CommentsClose CommentsPermalink





(4) $39,500,000 is 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; CommentsClose CommentsPermalink





(5) $5,500,000 is for training programs to assist probation and parole officers 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; CommentsClose CommentsPermalink





(6) $3,900,000 is 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; CommentsClose CommentsPermalink





(7) $10,000,000 to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act.(10) $40,000,000(a) of the 2005 Act; CommentsClose CommentsPermalink





(8) $46,000,000 is 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(c) of the 2000 Act; CommentsClose CommentsPermalink





(9) $4,500,000 is 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(a) of the 1994 Act; CommentsClose CommentsPermalink





(10) $14,500,000 is for the safe havens for children pilot program, as authorized by section 1301 of the 2000 Act, as amended by section 306 of the 2005 Act.(13) $8,000,000(a) of the 2000 Act; CommentsClose CommentsPermalink





(11) $7,100,000 is 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.(14) $10,000,000 for an engaging men and youth in prevention program, as authorized by(a) of the 2000 Act; CommentsClose CommentsPermalink





(12) $10,000,000 is for sexual assault services, as authorized by section 202 of the 2005 Act; CommentsClose CommentsPermalink





(13) $2,000,000 is for services to advocate and respond to youth, as authorized by section 401 of the 2005 Act; CommentsClose CommentsPermalink





(14) $2,000,000 is for grants to assist children and youth exposed to violence, as authorized by section 303 of the 2005 Act; CommentsClose CommentsPermalink





(15) $1,000,000 is for analysis and research on violence against Indian women, as authorized by section 904 of the 2005 Act; and CommentsClose CommentsPermalink





(16) $1,000,000 is for tracking of violence against Indian women, as authorized by section 905 of the 2005 Act. CommentsClose CommentsPermalink

Office of Justice Programs

JUSTICE ASSISTANCE 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 (42 U.S.C. 5771 et seq.); 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),; 108 Stat. 2260); the Victims of Child Abuse Act of 1990 (Public Law 101-647; 104 Stat. 4792) (`the 1990 Act'); 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 (increased by $1,747,111) shall be expended in total for Office of Justice Programs; and the Victims of Crime Act of 1984 (Public Law 98-473; 98 Stat. 2170), $240,000,000, to remain available until expended: Provided, That grants under subparagraphs (1)(A) and (B) of Public Law 98-473 are issued pursuant to rules or guidelines that generally establish a publicly-announced, competitive process: Provided further, That not more than $35,000,000 of balances made available as a result of prior year deobligations may be obligated for program management and administration.STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE: Provided further, That any balances made available as a result of prior year deobligations in excess of $35,000,000 shall only be obligated in accordance with section 505 of this Act: Provided further, That amounts under this heading, or amounts transferred to and merged with this account, for salaries and expenses are for not less than 590 permanent positions and not less than 600 full-time equivalent workyears. CommentsClose CommentsPermalink

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) (`the 1994 Act'); the Omnibus Crime Control and Safe Streets Act of 1968 (`the 1968 Act'); the Justice for All Act of 2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 (Public Law 101-647; 104 Stat. 9792) (`the 1990 Act'); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3558); 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 (increased by $10,000,000) (increased by $55,000,000)430,000,000 (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) $60, as follows-- CommentsClose CommentsPermalink





(1) $660,000,000 for the Edward Byrne Memorial Justice Assistance Grant pProgram as authorized by subpart 1 of part E of title I of the 1968 Act, as amended by section 1111 ofPublic Law 109-162, of which-- CommentsClose CommentsPermalink





(A) $75,000,000 for Boys and Girls Clubs in public housing facilities and other areas in cooperation with State and local law enforcement, as authorized 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 (increased by $55,000,000)401 of the Economic Espionage Act of 1996 (42 U.S.C. 13751 note); and CommentsClose CommentsPermalink





(B) $5,000,000 is 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 throughout the intelligence process; CommentsClose CommentsPermalink





(2) $420,000,000 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 (increased by $10,000,000) of which $30,000,000 for the Southwest Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal governments only for costs associated with the prosecution of criminal cases declined by local offices of the United States Attorneys.(4) $124,5United States Attorneys offices, and of which $20,000,000 for a Northern Border Prosecutor Initiative to reimburse State, county, parish, tribal, or municipal governments only for costs associated with the prosecution of criminal cases declined by local United States Attorneys offices, subject to section 505 of this Act; and the amount appropriated in this title under the heading `General Administration' is reduced by $20,000,000. CommentsClose CommentsPermalink





(3) $190,000,000 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; CommentsClose CommentsPermalink





(4) $15,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) ofPublic Law 106-386; CommentsClose CommentsPermalink





(5) $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:Provided, That of the unobligated balances available to the Department of Justice (except for amounts made available for Drug Courts, as authorized by section 1001(25)(A) of title I of the 1968 Act), $15,000,000 are rescinded: Provided further, That within 30 days after the enactment of this Act 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; CommentsClose CommentsPermalink





(6) $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; CommentsClose CommentsPermalink





(7) $25,000,000 for the Capital Litigation Improvement Grant Program as authorized by sections 421, 422, and 426 ofPublic Law 108-405, to be equally divided between the Capital Prosecution Improvement Grants and Capital Representation Improvement Grants; CommentsClose CommentsPermalink





(8) $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; CommentsClose CommentsPermalink





(9) $2,000,000 for the National Sex Offender Public Registry; CommentsClose CommentsPermalink





(10) $1,000,000 for the Missing Alzheimer's Disease Patient Alert Program, as authorized by section 240001(c) ofPublic Law 106-386; CommentsClose CommentsPermalink





(11) $28,000,000 for assistance to Indian tribes, of which-- CommentsClose CommentsPermalink





(A) $125,000,000 shall be available for grants under section 201109(a)(2) of subtitle A of title II of the 1994 Act; CommentsClose CommentsPermalink





(B) $128,000,000 shall be available for the Tribal Courts Initiative; and CommentsClose CommentsPermalink





(C) $7,000,000 shall be available for tribal5,000,000 shall be available for demonstration projects on 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.(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, crime in Indian County; CommentsClose CommentsPermalink





(12) $5,000,000 for prison rape prevention and prosecution programs, as authorized by the Prison Rape Elimination Act of 2003 (Public Law 108-79); CommentsClose CommentsPermalink





(13) $15,000,000 is for the court appointed advocate program, as authorized by section 217 of the 1990 Act; CommentsClose CommentsPermalink





(14) $4,000,000 is for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; and CommentsClose CommentsPermalink





(15) $5,000,000 for prescription drug monitoring program: CommentsClose CommentsPermalink





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 wishall achieve a net gain in the number of law enforcement officers who perform nonadministrative public safety service. CommentsClose CommentsPermalink

COMMUNITY ORIENTED POLICING SERVICES weed and seed program fund

For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103-322) (including administrative costs), the Omnibus Crime Control and Safe Streets Act of 1968 (`the 1968 Act'), the Justice for All Act of 2004 (Public Law 108-405), the 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(Public Law 109-177; 120 Stat. 192) (including administrative costs), $725the Prosecutorial Remedies and Other Tools to End the Exploitation of Children Today Act of 2003 (Public Law 108-21), $660,000,000, 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 servicany and all reimbursable services, functions and activities associated with programs administered by the Office of Community Oriented Policing Services including activities authorized by sections 1158 and 1159 of Public Law 109-162: Provided further, That section 1703(b) and (c) of the 1968 Act shall not apply to non-hiring grants made pursuant to part Q of title I (42 U.S.C. 3796dd et seq.): Provided further, That the $15,000,000 provided to the National Institute of Standards and Technology's Office of Law Enforcement Standards under this section shall be transferred directly to the National Institute of Standards and Technology's Office of Law Enforcement Standards from 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 forthe Attorney General shall waive in whole the matching grant program forrequirement under section 1701(g) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796dd(g)) for any grant recipient located in a county or parish in which the President declared a major disaster (as that term is defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005: Provided further, That of the amounts provided-- CommentsClose CommentsPermalink





(1) $25,000,000 is for the matching grant program for law enforcement armor vests for law enforcement officers, as authorized by section as authorized by section 2501 of part Y of the 1968 Act; CommentsClose CommentsPermalink





(2) $85,000,000 is for grants to address public safety and0,000,000 is for policing initiatives to combat illegal methamphetamine manufacturing, sale, and use inproduction, sale and use in `drug hot spots as authorized by section 754 of ' as authorized by section 754 ofPublic Law 109-177; CommentsClose CommentsPermalink





(3) $128,000,000 is for law enforcement technologies and interoperable communications;(4) $15,000,000 is for an offender re-entry program;(5) $1210,000,000 is for law enforcement technologies; CommentsClose CommentsPermalink





(4) $5,000,000 is for grants to upgrade criminal records, as authorized under the Crime Identification Technology Act of 1998 (42 U.S.C. 14601); CommentsClose CommentsPermalink





(6) $175,000,000 is for a5) $10,000,000 is for an offender re-entry program; CommentsClose CommentsPermalink





(6) $169,000,000 is for DNA analysis and capacity enhancement program, and for other local, State,State, local and Federal forensic activities, of which not less than $151,000,000 shall be for reducing and eliminating the backlog of-- CommentsClose CommentsPermalink





(A) $151,000,000 for the Debbie Smith DNA samples and for increasing State and localBacklog Grants as authorized byPublic Law 108-405 section 202; CommentsClose CommentsPermalink





(B) $5,000,000 for the Kirk Bloodsworth Post-Conviction DNA laboratory capacity;(7) $18Testing Grant Program as authorized byPublic Law 108-405 section 412 and section 413; CommentsClose CommentsPermalink





(C) $6,000,000 for DNA Training and Education for Law Enforcement, Correctional Personnel, and Court Officers as authorized byPublic Law 108-405 section 303; CommentsClose CommentsPermalink





(D) $5,000,000 for DNA Research and Development as authorized byPublic Law 108-405 section 305; CommentsClose CommentsPermalink





(E) $2,000,000 for the DNA Identification of Missing Persons as authorized byPublic Law 108-405 section 308; CommentsClose CommentsPermalink





(7) $35,000,000 is for improving tribal law enforcement, including equipment and training;(8) $80,000,000 is for programs assistance to reduce gun crime and gang violence;(9) $4Indian tribes; CommentsClose CommentsPermalink





(8) $6,000,000 is for training and technical assistance; CommentsClose CommentsPermalink





(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 under9) $40,000,000 is for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act (42 U.S.C. 3797j et seq.); CommentsClose CommentsPermalink





(10) $5,000,000 is for the National District Attorneys Association to conduct prosecutorial training by the National Advocacy Center; CommentsClose CommentsPermalink





(11) $55,000,000 is for a national grant program to arrest and prosecute child predators as authorized by section 1701(d) of part Q of title I of the 1968 Act as amended by section 341 ofPublic Law 108-21; CommentsClose CommentsPermalink





(12) $110,000,000 is 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; and CommentsClose CommentsPermalink





(13) not to exceed $11,000,000 is for program management and administration. CommentsClose CommentsPermalink

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 concentr40,000,000, to remain available until expended, as follows-- CommentsClose CommentsPermalink





(1) $500,000 is for coordination of Federal efforts, as authorized by section 204 of the 1974 Act.(2) $81,175,000; CommentsClose CommentsPermalink





(2) $73,000,000 is 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; CommentsClose CommentsPermalink





(3) $76,500,000 is 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; CommentsClose CommentsPermalink





(4) $5,000,000 is for juvenile mentoring programs; CommentsClose CommentsPermalink





(5) $65,000,000 is for delinquency prevention, as authorized by section 505 of the 1974 Act, of which-- CommentsClose CommentsPermalink





(A) $17,50,000,000 shall be for the Tribal Youth Program;(B) $25,000,000 shall be for a gang resistance education and training program; and(C and CommentsClose CommentsPermalink





(B) $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; CommentsClose CommentsPermalink





(6) $10,000,000 is 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; CommentsClose CommentsPermalink





(7) $20,000,000 for programs authorized by the Victims of Child Abuse Act of 1990.(8) $6; CommentsClose CommentsPermalink





(8) $80,000,000 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 10 for the purpose of that program; and CommentsClose CommentsPermalink





(9) $10,000,000 shall be for gang resistance education and training and programs: CommentsClose CommentsPermalink





Provided, That not more than 2 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further, That not more than 2 percent of each amount may be used for training and technical assistance: Provided further, That the previous two provisos shall not apply to demonstration projects, as authorized by sections 261 and 262 of the 1974 Act. CommentsClose CommentsPermalink

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: Provided, That, hereafter, funds available to conduct appeals under section 1205(c) of the 1968 Act, which includes all claims processing, shall be available also for the same under subpart 2 of such part L and under any statute authorizing payment of benefits described under subpart 1 thereof, and for appeals from final decisions of the Bureau (under such part or any such statute) to the Court of Appeals for the Federal Circuit, which shall have exclusive jurisdiction thereof (including those pending), and for expenses of representation of hearing examiners (who shall be presumed irrebuttably to enjoy quasi-judicial immunity in the discharge of their duties under such part or any such statute) in connection with litigation against them arising from such discharge. CommentsClose CommentsPermalink

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. CommentsClose CommentsPermalink





SEC. 2032. 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. CommentsClose CommentsPermalink





SEC. 2043. 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 2032 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons. CommentsClose CommentsPermalink





SEC. 2054. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers:Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section: 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. CommentsClose CommentsPermalink





SEC. 2065. 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. CommentsClose CommentsPermalink





SEC. 207. Notwithstanding any other provision of law, 6. 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. CommentsClose CommentsPermalink





SEC. 2087. 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. CommentsClose CommentsPermalink





SEC. 2098. (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. CommentsClose CommentsPermalink





(b) The preceding sentence doesSubsection (a) shall not preclude the renting, maintenance, or purchase of audiovisual or electronic equipment for inmate training, religious, or educational programs. CommentsClose CommentsPermalink





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 and09. Any deviation from the amounts designated for specific activities in this Act and accompanying report, or any use of deobligated balances of funds provided under this title in previous years, shall be subject to the procedures set forth in section 505 of this Act. CommentsClose CommentsPermalink





SEC. 210. Section 112 of title I as contained in division B of the Consolidated Appropriations Act, 2004 (Public Law 108-199) is amended as follows: CommentsClose CommentsPermalink





(1) by inserting in paragraph (a)(2)(A) `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 JusticeCommissioner of Health & Social Services for Alaska, a representative of an Alaska Native healthcare provider' after `Village Public Safety Officer programs,'; CommentsClose CommentsPermalink





(2) by inserting in paragraph (a)(2)(A) `and a non-voting judge' after `non-voting representative'; and CommentsClose CommentsPermalink





(3) by inserting in paragraph (a)(2)(A) `The Chief Justice of the Alaska Supreme Court may appoint a non-voting representative of the Alaska Supreme Court to provide technical support.' at the end of the paragraph. CommentsClose CommentsPermalink





SEC. 211.(a) Section 589a of title 28, United States Code, is amended in subsection (b) by-- CommentsClose CommentsPermalink





(1) striking `and' in paragraph (8); CommentsClose CommentsPermalink





(2) striking the period in paragraph (9) and inserting `; and'; and CommentsClose CommentsPermalink





(3) adding the following new paragraph: CommentsClose CommentsPermalink





`(10) fines imposed under section 110(l) of title 11, United States Code.'.(b) Ssection 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.'. CommentsClose CommentsPermalink





SEC. 212. (a)Section 1930(a) of title 28, United States Code, is amended in paragraph (6) by striking all that followseverything after `whichever occurs first.' and inserting the followingin lieu thereof: `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.'. CommentsClose CommentsPermalink





(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. CommentsClose CommentsPermalink





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, Incorporatedtwithstanding any other provision of law, during fiscal year 2008, Federal reimbursement to the District of Columbia for felons newly sentenced by the District of Columbia Superior Court shall commence no later than the date of sentencing for such felons; and Federal reimbursement to the District of Columbia for recommitted District of Columbia parolees shall commence no later than the date of the commitment of such parolees to prison:Provided, That no more than $8,000,000 shall be made available for such reimbursements from funds made available in this Act. CommentsClose CommentsPermalink





SEC. 214. Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of28 U.S.C. 545. CommentsClose CommentsPermalink





SEC. 215. Of the funds appropriated in this Act for the Federal Bureau of Investigation's Sentinel program, $25,000,000 shall not be available for obligation until 60 days after the Committees on Appropriations receive from the Federal Bureau of Investigation a report on the results of a completed integrated baseline review for that program:Provided, That the report shall be submitted simultaneously to the Government Accountability Office: Provided further, That the Government Accountability Office shall review the Bureau's performance measurement baseline for the Sentinel program and shall submit its findings to the Committees on Appropriations of the Senate and House of Representatives within 60 days of its receipt of the report. CommentsClose CommentsPermalink





SEC. 216. None of the funds appropriated in this or any other Act shall be obligated for the initiation of a future phase or increment of the Federal Bureau of Investigation's Sentinel program until the Attorney General certifies to the Committees on Appropriations that existing phases or increments currently under contract for development or fielding have completed 70 percent of the work for that phase or increment under the performance measurement baseline validated by the integrated baseline review referred to in section 215 of this Act:Provided, That this restriction does not apply to planning and design activities for future phases or increments: Provided further, That the Bureau will notify the Committees of any significant changes to the baseline. CommentsClose CommentsPermalink





Sec. 214. The amounts otherwise provided by this title are revised by reducing the amount made available for `General Administration--SALARIES AND EXPENSES', and increasing the amount made available for7. Notwithstanding any other provision of this title-- CommentsClose CommentsPermalink





(1) the amount appropriated under the heading `JUSTICE INFORMATION SHARING TECHNOLOGY' under the heading `GENERAL ADMINISTRATION' under this title is reduced by $5,000,000; CommentsClose CommentsPermalink





(2) the amount appropriated under the heading `JUVENILE JUSTICE PROGRAMS' under the heading `OFFICE OF JUSTICE PROGRAMS' under this title is increased by $5,000,000; and CommentsClose CommentsPermalink





(3) of the amount appropriated under the heading `JUVENILE JUSTICE PROGRAMS' under the heading `OFFICE OF JUSTICE PROGRAMS' under this title, $10,000,000 is for juvenile mentoring programs. CommentsClose CommentsPermalink





Sec. 218. Notwithstanding any other provision of this title-- CommentsClose CommentsPermalink





(1) the amount appropriated in this title under the heading `GENERAL ADMINISTRATION' is reduced by $10,000,000; CommentsClose CommentsPermalink





(2) the amount appropriated in this title under the heading `VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS' under the heading `OFFICE ON VIOLENCE AGAINST WOMEN--' is increased by $10,000,000; and CommentsClose CommentsPermalink





(3) of the amount appropriated in this title under the heading `VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS' (consisting of an additional $6,000,000 for grantunder the heading `OFFICE ON VIOLENCE AGAINST WOMEN'-- CommentsClose CommentsPermalink





(A) $60,000,000 is for grants to encourage arrest policies, as authorized by part U of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh et seq.); CommentsClose CommentsPermalink





(B) $4,000,000 is for engaging men and youth in prevention programs, as authorized by section 41305 of the Violence Against Women Act of 1994 (42 U.S.C. 14043d-4); and CommentsClose CommentsPermalink





(C) $1,000,000 is for the National Resource Center on Workplace Responses to assist children and youth exposed to violence, $6,000,000 for services to advocate for and respond to youth, $1,000,000 for the national tribal sex offender registry, and $1,000,000 for research relating to violence against Indian women, as authorized by sections 41303, 41201, 905(b), and 904, respectively,victims of domestic violence, as authorized by section 41501 of the Violence Against Women and Department of Justice Reauthorization Act of 2005), by $14,000,000Act of 1994 (42 U.S.C. 14043f). CommentsClose CommentsPermalink





Sec. 219. (a) The Attorney General shall submit quarterly reports to the Inspector General of the Department of Justice regarding the costs and contracting procedures relating to each conference held by the Department of Justice during fiscal year 2008 for which the cost to the Government was more than $20,000. CommentsClose CommentsPermalink





(b) Each report submitted under subsection (a) shall include, for each conference described in that subsection held during the applicable quarter-- CommentsClose CommentsPermalink





(1) a description of the subject of and number of participants attending that conference; CommentsClose CommentsPermalink





(2) a detailed statement of the costs to the Government relating to that conference, including-- CommentsClose CommentsPermalink





(A) the cost of any food or beverages; CommentsClose CommentsPermalink





(B) the cost of any audio-visual services; and CommentsClose CommentsPermalink





(C) a discussion of the methodology used to determine which costs relate to that conference; and CommentsClose CommentsPermalink





(3) a description of the contracting procedures relating to that conference, including-- CommentsClose CommentsPermalink





(A) whether contracts were awarded on a competitive basis for that conference; and CommentsClose CommentsPermalink





(B) a discussion of any cost comparison conducted by the Department of Justice in evaluating potential contractors for that conference. CommentsClose CommentsPermalink





SEC. 220. Limitations on Funding for Certain Conferences. Notwithstanding any other provision of this Act, not more than $15,000,000 of all funds made available to the Department of Justice under this Act, may be available for any expenses related to conferences, including for conference programs, travel costs, and related expenses. No funds appropriated under this Act may be used to support a conference sponsored by any organization named as an unindicted co-conspirator by the Government in any criminal prosecution. CommentsClose CommentsPermalink





SEC. 221. Deputy United States Marshals. (a) Increase Positions- In each of the fiscal years 2008 through 2012, the Attorney General, subject to the availability of appropriations, may increase by not less than 50 the number of positions for full-time active duty Deputy United States Marshals assigned to work on immigration-related matters, including transporting prisoners and working in Federal courthouses. CommentsClose CommentsPermalink





(b) Authorization of Appropriations- There are authorized to be appropriated to the Attorney General such sums as may be necessary for each of the fiscal years 2008 through 2012 to carry out subsection (a). CommentsClose CommentsPermalink





SEC. 222. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS. (a) In General- Not later than 60 days after the end of each fiscal year, the Director of the Federal Bureau of Investigation shall submit a report to the congressional committees listed in subsection (b) that contains, with respect to the most recently completed fiscal year-- CommentsClose CommentsPermalink





(1) a statistical analysis of the number of background checks processed and pending, including check requests in process at the time of the report and check requests that have been received but are not yet in process; CommentsClose CommentsPermalink





(2) the average time taken to complete each type of background check; CommentsClose CommentsPermalink





(3) a description of the efforts and progress made by the Director in addressing any delays in completing such background checks; and CommentsClose CommentsPermalink





(4) a description of the progress that has been made in automating files used in the name check process, including investigative files of the Federal Bureau of Investigation. CommentsClose CommentsPermalink





(b) Recipients- The congressional committees listed in this subsection are-- CommentsClose CommentsPermalink





(1) the Committee on the Judiciary of the Senate; CommentsClose CommentsPermalink





(2) the Committee on Homeland Security and Governmental Affairs of the Senate; CommentsClose CommentsPermalink





(3) the Committee on the Judiciary of the House of Representatives; and CommentsClose CommentsPermalink





(4) the Committee on Homeland Security of the House of Representatives. CommentsClose CommentsPermalink





Sec. 223. Notwithstanding any other provision of law, a public or private institution of higher education may offer or provide an officer or employee of any branch of the United States Goverment or of the District of Columbia, who is a current or former student of such institution, financial assistance for the purpose of repaying a student loan or forbearance of student loan repayment, and an officer or employee of any branch of the United States Government or of the District of Columbia may seek or receive such assistance or forbearance. CommentsClose CommentsPermalink





Sec. 224. Of the unobligated balances made available for the Department of Justice in prior fiscal years, $15,000,000 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. CommentsClose CommentsPermalink





Sec. 225. FEDERAL BUREAU OF INVESTIGATION ANALYSIS OF DNA SAMPLES. (a) In General- The amount appropriated under the heading `SALARIES AND EXPENSES ' under the heading `Federal Bureau of Investigation' under this title is increased by $23,000,000, which shall be used for personnel, equipment, build-out/acquisition of space, and other resources to be used for the analysis of DNA samples. CommentsClose CommentsPermalink





(b) Reductions- Notwithstanding any other provision of this Act, the amount appropriated for the Advanced Technology Program under the heading `INDUSTRIAL TECHNOLOGY SERVICES ' under the heading `National Institute of Standards and Technology' under title I of this Act is reduced by $23,000,000. CommentsClose CommentsPermalink





Sec. 226. The Attorney General shall make available $10,000,000 from the Department of Justice Working Capital Fund to incrementally expand Operation Streamline across the entire southwest border of the United States, beginning with the border sector that had the highest rate of illegal entries during the most recent 12-month period. CommentsClose CommentsPermalink





SEC. 227. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE SEXUAL EXPLOITATION OF CHILDREN. (a) In General- The amount appropriated under the heading `SALARIES AND EXPENSES' under the heading `United States Attorneys' under this title is increased by $30,000,000, which shall be used for salaries and expenses for hiring 200 additional assistant United States attorneys to carry out section 704 of the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-248; 120 Stat. 649) concerning the prosecution of offenses relating to the sexual exploitation of children. CommentsClose CommentsPermalink





(b) Reductions- Notwithstanding any other provision of this Act, the amount appropriated under the heading `PROCUREMENT, ACQUISITION AND CONSTRUCTION' under the heading `NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION' under title I of this Act is reduced by $30,000,000. CommentsClose CommentsPermalink





Sec. 228. NATIVE AMERICAN METHAMPHETAMINE ENFORCEMENT AND TREATMENT ACT OF 2007. (a) Short Title- This section may be cited as the `Native American Methamphetamine Enforcement and Treatment Act of 2007'. CommentsClose CommentsPermalink





(b) Native American Participation in Methamphetamine Grants- CommentsClose CommentsPermalink





(1) IN GENERAL- Section 2996(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc(a)) is amended-- CommentsClose CommentsPermalink





(A) in paragraph (1)-- CommentsClose CommentsPermalink





(i) in the matter preceding subparagraph (A), by inserting `, territories, and Indian tribes (as defined in section 2704)' after `to assist States'; and CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking `and local' and inserting `, territorial, Tribal, and local'; CommentsClose CommentsPermalink





(B) in paragraph (2), by inserting `, territories, and Indian tribes' after `make grants to States'; CommentsClose CommentsPermalink





(C) in paragraph (3)(C), by inserting `, Tribal,' after `support State'; and CommentsClose CommentsPermalink





(D) by adding at the end the following: CommentsClose CommentsPermalink





`(4) EFFECT OF SUBSECTION- Nothing in this subsection, or in the award or denial of any grant pursuant to this subsection-- CommentsClose CommentsPermalink





`(A) allows grants authorized under paragraph (3)(A) to be made to, or used by, an entity for law enforcement activities that the entity lacks jurisdiction to perform; or CommentsClose CommentsPermalink





`(B) has any effect other than to authorize, award, or deny a grant of funds to a State, territory, or Indian tribe for the purpose described in this subsection.'. CommentsClose CommentsPermalink





(2) GRANT PROGRAMS FOR DRUG ENDANGERED CHILDREN- Section 755(a) of the USA PATRIOT Improvement and Reauthorization Act of 2005 (42 U.S.C. 3797cc-2(a)) is amended by inserting `, territories, and Indian tribes (as defined in section 2704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797d))' after `make grants to States'. CommentsClose CommentsPermalink





(3) GRANT PROGRAMS TO ADDRESS METHAMPHETAMINE USE BY PREGNANT AND PARENTING WOMEN OFFENDERS- Section 756 of the USA PATRIOT Improvement and Reauthorization Act of 2005 (42 U.S.C. 3797cc-3) is amended-- CommentsClose CommentsPermalink





(A) in subsection (a)(2), by inserting `, territorial, or Tribal' after `State'; CommentsClose CommentsPermalink





(B) in subsection (b)-- CommentsClose CommentsPermalink





(i) in paragraph (1)-- CommentsClose CommentsPermalink





(I) by inserting `, territorial, or Tribal' after `State'; and CommentsClose CommentsPermalink





(II) by striking `and/or' and inserting `or'; CommentsClose CommentsPermalink





(ii) in paragraph (2)-- CommentsClose CommentsPermalink





(I) by inserting `, territory, Indian tribe,' after `agency of the State'; and CommentsClose CommentsPermalink





(II) by inserting `, territory, Indian tribe,' after `criminal laws of that State'; and CommentsClose CommentsPermalink





(iii) by adding at the end the following: CommentsClose CommentsPermalink





`(C) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 2704 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797d).'; and CommentsClose CommentsPermalink





(C) in subsection (c)-- CommentsClose CommentsPermalink





(i) in paragraph (3), by striking `Indian Tribes' and inserting `Indian tribes'; and CommentsClose CommentsPermalink





(ii) in paragraph (4)-- CommentsClose CommentsPermalink





(I) in the matter preceding subparagraph (A)-- CommentsClose CommentsPermalink

(II) in subparagraph (A), by striking `State'; CommentsClose CommentsPermalink





(III) in subparagraph (C), by inserting `, Indian tribes,' after `involved counties'; and CommentsClose CommentsPermalink





(IV) in subparagraph (D), by inserting `, Tribal' after `Federal, State'. CommentsClose CommentsPermalink





This title may be cited as the `Department of Justice Appropriations Act, 2008'. CommentsClose CommentsPermalink

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 and715,000. CommentsClose CommentsPermalink

National Aeronautics and Space Administration

SCIENCEFor necessary expenses, not otherwise provided for, in the conduct and support of science science, aeronautics and exploration

For necessary expenses 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 $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.AERONAUTICSFor necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, and communications activities including 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 activitiproduction, 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 motor5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $1435,000 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.EXPLORATIONFor 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;10,633,000,000, of which $119,100,000 shall remain available until expended and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $3,923,800,000, to$10,513,900,000 shall 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.EDUCATIONFor 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 PROGRAMSFor necessary expenses, not otherwise provided for, in the conduct and support of , of the amounts provided under this heading, $5,655,110,000 shall be for science, aeronautics and exploration research and development activities, including$554,030,000 shall be for aeronautics research, development, operations, support, and services; maintenance; construction of facilities including$3,972,490,000 shall be for exploration systems, and $521,380,000 shall be for cross-agency support programs: Provided further, That the amounts in the previous proviso shall be reduced by $70,000,000 in corporate and general administrative expenses and the reduction shall be applied proportionally to each amount therein: Provided further, That within the amounts provided under this heading, management and operations of National Aeronautics and Atmospheric Administration centers shall not exceed $1,150,800,000; corporate general and administrative costs shall not exceed $345,000,000; and institutional investments, including planning, design, maintenance, 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 and modification of existing facilities, construction of new facilities, acquisition and 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 OPERATIONSFor necessary expenses, not otherwise provided for, in the conduct and support of space operation as authorized by law, and environmental compliance and restoration shall not exceed $195,500,000: Provided further, That funds provided under this heading shall be available only according to the terms and conditions specified in the committee report of the Senate accompanying this Act: Provided further, That of the amounts appropriated or otherwise made available under this heading for cross-agency support programs, $10,000,000 may be made available, and distributed in equal increments, to each of NASA's 10 centers for the development of educational activities in science, technology, engineering, and mathematics related to the civilian space program of the United States. CommentsClose CommentsPermalink

For necessary expenses in the conduct and support of exploration capabilities 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 motor5 U.S.C. 5901-5902; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $1435,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $6,691,700,000 to remain 792,000,000, of which $5,200,000 shall remain available until expended and $6,786,800,000 shall remain available until September 30, 2009.OFFICE OF INSPECTOR GENERALFor 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 `: Provided, That of the amounts provided under this heading, $4,007,760,000 shall be for 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,Shuttle operations, production, research, development, and support 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 `$2,238,610,000 shall be for International Space Operations' for the National Aeronautics and Space Administration shall be governed byStation operations, production, research, development, and support: Provided further, That within the amounts provided under this heading, management and operations of National Aeronautics and Atmospheric Administration centers shall not exceed $862,200,000; corporate general and administrative costs shall not exceed $263,700,000; and institutional investments, including planning, design, maintenance, repair, rehabilitation and modification of existing facilities, construction of new facilities, acquisition and condemnation of real property as authorized by law, and environmental compliance and restoration shall not exceed $124,200,000: Provided further, That funds provided under this heading shall be available only according to the terms and conditions specified in the report committee report of the Senate accompanying this Act. CommentsClose CommentsPermalink

For necessary expenses, not otherwise provided for, in carrying out return to flight activities associated with the 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 existingshuttle and activities from which funds were transferred to accommodate return to flight activities, $1,000,000,000 to remain available until expended with such sums as determined by the Administrator of the National Aeronautics and Space Administration as available for transfer to `Exploration Capabilities' and `Science, Aeronautics, And Exploration' for restoration of funds previously reallocated to meet return to flight activities:Provided, That the amount provided under this heading is designated as an emergency requirement and necessary to meet emergency needs pursuant to subsections (a) and (b) of section 204 of S. Con. Res. 21 (110th Congress). CommentsClose CommentsPermalink

For fiscal year 2009 and hereafter, the National Aeronautics and Space Administration shall provide, at a minimum, the following information in its annual budget justification: CommentsClose CommentsPermalink





(1) The actual, current, proposed funding level, and estimated budgets for the next five fiscal years by directorate, theme, program, project and activity within each appropriations account. CommentsClose CommentsPermalink





(2) The budget for headquarters including-- CommentsClose CommentsPermalink





(A) the budget by office for the actual, current, proposed funding level, and estimated budgets for the next five fiscal years; CommentsClose CommentsPermalink





(B) the travel budget for each office for the actual, current, and proposed funding level; and CommentsClose CommentsPermalink





(C) the 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; full time equivalent assignments per headquarters office including the number of Senior Executive Service, noncareer, detailee, and contract personnel per office. CommentsClose CommentsPermalink





(3) new workload, tasks, initiatives, and missions being secured for the affected Centers; and (4) overall projections of futureConcurrent with the submission of the budget to the Congress an accompanying volume shall be provided to the Committee on Appropriations containing the following information for each center and federally funded research and development center operated by the National Aeronautics and Space Administration: CommentsClose CommentsPermalink





(A) the actual, current, proposed funding level, and estimated budgets for the next five fiscal years by directorate, theme, program, project, and activity; CommentsClose CommentsPermalink





(B) The proposed programmatic and non-programmatic construction of facilities; CommentsClose CommentsPermalink





(C) The number of 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 operationalfull time equivalent positions per center for each identified fiscal year; CommentsClose CommentsPermalink





(D) The number of civil service full time equivalent positions considered to be uncovered capacity at each location for each identified fiscal year. CommentsClose CommentsPermalink





(4) Sufficient narrative shall be provided to explain the request for each program, project, and activity, and an explanation for any deviation to previously adopted baselines for all justification materials provided to the Committee. CommentsClose CommentsPermalink

National Science Foundation

RESEARCH AND RELATED ACTIVITIES research and related activities

For necessary expenses in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and Public Law 86-209, relating to thethe Act to establish a National Medal of Science (42 U.S.C. 1880-1881); services as authorized by 5 U.S.C. 3109; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $5,139,656,090,000, to remain available until September 30, 2009, of which not to exceed $510,000,000 shall remain available until expended for pPolar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided, That from funds specified in the fiscal year 2008 budget request for icebreaking services, up to $57,000,000 shall be available for the procurement of polar icebreaking services: Provided further, That the National Science Foundation shall only reimburse the Coast Guard for such sums as are agreed to according to the existing memorandum of agreement: Provided further, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation. CommentsClose CommentsPermalink

MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION 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), as amended, including authorized travel, $244,740,000, to remain available until expended. CommentsClose CommentsPermalink

EDUCATION AND HUMAN RESOURCES education and human resources

For necessary expenses in carrying out science and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), including services as authorized by 5 U.S.C. 3109, authorized travel, and rental of conference rooms in the District of Columbia, $82250,600,000, to remain available until September 30, 2009. CommentsClose CommentsPermalink

AGENCY OPERATIONS AND AWARD MANAGEMENTFor agency operations and award management

For salaries and expenses necessary in carrying out the National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to exceed $9,000 for official reception and representation expenses; uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902; rental of conference rooms in the District of Columbia; and reimbursement of the General Services Administration for security guard services; $285,590,000 (reduced by $10,000,000): Provided, That contracts may be entered into under this heading`Agency Operations and Award Management' in fiscal year 2008 for maintenance and operation of facilities, and for other services, to be provided during the next fiscal year. CommentsClose CommentsPermalink

OFFICE OF THE NATIONAL SCIENCE BOARD 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 undersection 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 et seq.), $4,030,000: Provided, That not to exceed $9,000 shall be available for official reception and representation expenses. CommentsClose CommentsPermalink

OFFICE OF INSPECTOR GENERAL office of inspector general

For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, as amended, $12,350,000, to remain available until September 30, 2009. CommentsClose CommentsPermalink





This title may be cited as the `Science Appropriations Act, 2008'. CommentsClose CommentsPermalink

TITLE IV

RELATED AGENCIES

Commission on Civil Rights

SALARIES AND EXPENSES 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. CommentsClose CommentsPermalink

Equal Employment Opportunity Commission

SALARIES AND EXPENSES 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 (29 U.S.C. 206(d) and 621-634), 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); non-monetary 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, That37,000,000 for payments to State and local enforcement agencies for services to 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 Nationalpursuant to title VII of the Civil Rights Act of 1964, sections 6 and 14 of the Age Discrimination in Employment Act, the Americans with Disabilities Act of 1990, and the Civil Rights Act of 1991, $378,000,000: Provided, That funds made available under this heading shall only be allocated in the manner specified in the report accompanying this Act: Provided further, That no funds made available under this heading may be used to operate the National Contact Center: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Senate Committee on Appropriations has been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act. CommentsClose CommentsPermalink

International Trade Commission

SALARIES AND EXPENSES salaries and expenses

For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles, and services as authorized by5 U.S.C. 3109, and not to exceed $2,500 for official reception and representation expenses, $68,400,000, to remain available until expended. CommentsClose CommentsPermalink

Legal Services Corporation

PAYMENT TO THE 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 $355,13490,000,000, of which $373,000,000 is for basic field programs and required independent audits; $3,041200,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $13,82500,000 is for management and administration; $43,000,000 is for client self-help and information technology; and $1,000,000 is for loan repayment assistance:Provided, That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by 5 United States Code 5304, notwithstanding section 1005(d) of the Legal Services Corporation Act, 42 United States Code 2996(d). CommentsClose CommentsPermalink

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 , 502, 503, 504, 505, and 506 ofPublic 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 20086 and 2007, respectively. CommentsClose CommentsPermalink

Marine Mammal Commission

SALARIES AND EXPENSES salaries and expenses

For necessary expenses of the Marine Mammal Commission as authorized by title II ofPublic Law 92-522, $3,000,000. CommentsClose CommentsPermalink

Office of the United States Trade Representative

SALARIES AND EXPENSES 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 by5 U.S.C. 3109, $48,4077,800,000, 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 atshall be conducted within the World Trade Organization shall be conductedto recognize the right of members to distribute monies collected from antidumping and countervailing duties: Provided further, That negotiations shall be conducted within the World Trade Organization consistent with the 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)contained in the Trade Act of 2002, Public Law 107-210. CommentsClose CommentsPermalink

State Justice Institute

SALARIES AND EXPENSES 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.), $4,6492 (Public Law 102-572), $3,500,000: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses. CommentsClose CommentsPermalink

TITLE V

SEC. 501. The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Senate Committee on Appropriations a quarterly accounting of the cumulative balances of any unobligated funds that were made available to any such agency in any previous appropriations Act. CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





SEC. 503. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to5 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. CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





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, programsr renames offices, programs, or activities; or (6) contracts out or privatizes any functions or activities presently performed by Federal employees; unless the Senate Committee on Appropriations is notified 15 days in advance of such reprogramming of funds. CommentsClose CommentsPermalink





(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 10 percent, whichever is less, that: (1) augments existing programs, projects, or activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 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 Senate Committee on Appropriations is notified 15 days in advance of such reprogramming of funds. CommentsClose CommentsPermalink





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)or any other Act may be used for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for the National Oceanic and Atmospheric Administration in shipyards located outside of the United States. CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





SEC. 51009. 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. CommentsClose CommentsPermalink





SEC. 5110. None of the funds appropriated pursuant to this Act or any other provision of law may be used for-- CommentsClose CommentsPermalink





(1) the implementation of any tax or fee in connection with the implementation of subsection 922(t) of title 18, United States Code; and CommentsClose CommentsPermalink





(2) any system to implement subsection 922(t) of title 18, United States Code, that does not require and result in the destruction of any identifying information submitted by or on behalf of any person who has been determined not to be prohibited from possessing or receiving a firearm no more than 24 hours after the system advises a Federal firearms licensee that possession or receipt of a firearm by the prospective transferee would not violate subsection (g) or (n) of section 922 of title 18, United States Code, or State law. CommentsClose CommentsPermalink





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 $635,000,000 during fiscal year 2008 from1. Notwithstanding any other provision of law, amounts deposited or available in the fund established by section 1402 of chapter XIV of title II of Public Law 98-473 (Fund established under42 U.S.C. 10601), and the amount otherwise provided under this Act for Department of Commerce, Departmental Management, Salaries and Expenses is reduced by $10,000,000 in any fiscal year in excess of $625,000,000 shall not be available for obligation until the following fiscal year. CommentsClose CommentsPermalink





SEC. 5132. 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. CommentsClose CommentsPermalink





SEC. 514. 3. 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. CommentsClose CommentsPermalink





SEC. 515. 4. With the consent of the President, the Secretary of Commerce shall represent the United States Government in negotiating and monitoring international agreements regarding fisheries, marine mammals, or sea turtles:Provided, That the Secretary of Commerce shall be responsible for the development and interdepartmental coordination of the policies of the United States with respect to the international negotiations and agreements referred to in this section. CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





SEC. 516. ACCOUNTABILITY AND TRANSPARENCY OF ACTIVITIES CARRIED OUT WITH FUNDS PROVIDED BY THIS ACT. (a) AUDIT PROGRESS REPORTS- The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, and the National Science Foundation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed. CommentsClose CommentsPermalink





(b) AVAILABILITY TO THE PUBLIC- Within 60 days after the date on which an audit described in subsection (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 by an Inspector General is completed, the Secretary, Attorney General, Administrator, or Director, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, or Foundation, respectively. The results shall be made available in general are acquired for use in crimeredacted form to exclude-- CommentsClose CommentsPermalink





(1) any matter described insection 552(b) of title 5, United States Code; and CommentsClose CommentsPermalink





(2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes. CommentsClose CommentsPermalink





(c) PROHIBITED USE OF FUNDS- A grant or contract funded by amounts appropriated by this Act may not be used for the purpose of defraying the costs of a banquet or conference that is not directly and programmatically related to the purpose for which the grant or contract was awarded, such as a banquet or conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded by the grant or contract. CommentsClose CommentsPermalink





(d) CONFLICT OF INTEREST STATEMENT- Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, or the Director, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract. CommentsClose CommentsPermalink





(e) APPLICATION TO OTHER FEDERAL GRANTS AND CONTRACTS- The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office and Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities. CommentsClose CommentsPermalink





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. CommentsClose CommentsPermalink





SEC. 518. If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent, the program manager shall immediately inform the Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the Senate Committee on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs. CommentsClose CommentsPermalink





SEC. 519. None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government. CommentsClose CommentsPermalink





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 ceased20. Notwithstanding section 505 of this Act, no funds shall be reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances. CommentsClose CommentsPermalink





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 (221. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 2778(b)(1)(B)) and qualified pursuant to 27 CFR 478.112 or 478.113, for a permit to import United States origin `curios or relics' firearms, parts, or ammunition414) during fiscal year 2008 until the enactment of the Intelligence Authorization Act for Fiscal Year 2008. CommentsClose CommentsPermalink





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 Agreement2. The Offices of Inspectors General funded under this Act shall forward copies of all audit reports to the Senate Committee on Appropriations immediately after they are issued and immediately make the Committee aware of any review that recommends cancellation of, or modification to, any major acquisition project or grant, or that recommends significant budgetary savings:Provided, That the Offices of Inspectors General funded under this Act shall withhold from public distribution for a period of 15 days any final audit or investigation report that was requested by the Senate Committee on Appropriations. CommentsClose CommentsPermalink





SEC. 522. Section 313(a) of the National Aeronautics and Space3. Hereafter, none of the funds made available by the Congress 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). CommentsClose CommentsPermalink





SEC. 524. None of the funds in this Act or prior Acts making appropriations for the Department of Justice may be used to make a grant allocation, a discretionary grant award, or a discretionary contract award that is specified in the report accompanying this Act, 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:Provided, That no notification shall involve funds that are not available for obligation. CommentsClose CommentsPermalink





SEC. 525. None of the funds provided in this Act may be used to implement an involuntary reduction in force at any NASA center during fiscal year 2008. CommentsClose CommentsPermalink





Sec. 526. (a) Modification of Enhanced-Use Lease Authority for NASA- Subsection (a) of section 315 of the National Aeronautics and Space Administration 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 thej) is amended-- CommentsClose CommentsPermalink





(1) by striking `Notwithstanding any other provision of law, the Administrator' and inserting `The Administrator'; and CommentsClose CommentsPermalink





(2) by striking `any real property' and inserting `any non-excess real property and related personal property'; and CommentsClose CommentsPermalink





(3) by striking `at no more than two (2) National Aeronautics and Space Administration (NASA) centers'. CommentsClose CommentsPermalink





(b) Consideration- Subsection (b) of such section is amended-- CommentsClose CommentsPermalink





(1) in paragraph (1), by striking `consideration' and all that follows through the end of the paragraph and inserting `cash consideration for the lease at fair market value as determined by the Administrator.'; CommentsClose CommentsPermalink





(2) by striking paragraph (2); CommentsClose CommentsPermalink





(3) by redesignating paragraph (3) as paragraph (2); and CommentsClose CommentsPermalink





(4) in paragraph (2), as redesignated by paragraph (3) of this subsection-- CommentsClose CommentsPermalink





(A) in subparagraph (B), by striking `maintenance' and all that follows through `centers selected for this demonstration program' and inserting `capital revitalization and construction projects and improvements of real property assets and related personal property under the jurisdiction of the Administrator'; and CommentsClose CommentsPermalink





(B) by adding at the end 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 Creditnew subparagraph: CommentsClose CommentsPermalink





`(C) Amounts utilized under subparagraph (B) may not be utilized for daily operating costs.'. CommentsClose CommentsPermalink





(c) Lease Restrictions- Subsection (e) of such section is amended-- CommentsClose CommentsPermalink





(1) by striking `Lease Restrictions- NASA' and inserting the following: `Lease Restrictions- CommentsClose CommentsPermalink





`(1) NASA'; and CommentsClose CommentsPermalink





(2) by adding at the end the following new paragraph: CommentsClose CommentsPermalink





`(2) NASA is not authorized to enter into an out-lease under this section unless the Administrator certifies that such out-lease will not have a negative impact on NASA's mission.'. CommentsClose CommentsPermalink





(d) Repeal of Plan and Reporting Act; The National Security Act of 1947; and the laws amended by these ActsRequirements- Such section is further amended by striking subsection (f). CommentsClose CommentsPermalink





(e) Sunset- Such section is further amended by adding at the end the following new subsection (f): CommentsClose CommentsPermalink





`(f) Sunset- The authority to enter into leases under this section shall expire on the date that is ten years after the date of the enactment of the Commerce, Justice, Science, and Related Agencies Appropriations Act of 2008. The expiration under this subsection of authority to enter into leases under this section shall not affect the validity or term of leases or NASA's retention of proceeds from leases entered into under this section before the date of the expiration of such authority.'. CommentsClose CommentsPermalink





(f) Conforming Amendment- The heading of such section is amended by striking `Enhanced-use lease of real property demonstration' and inserting `Lease of non-excess property'. CommentsClose CommentsPermalink





SEC. 524. None of the funds made available by this Act may be used to implement the revision to Office of 7. LIMITATION. (a) In General- None of the funds made available in this Act shall be used to initiate or participate in a civil action by or on the behalf of the Equal Employment Opportunity Commission against an entity on the grounds that the entity requires an employee to speak English while engaged in work. CommentsClose CommentsPermalink





(b) Effective Date- Subsection (a) shall apply with respect to all civil actions that commence on or after the date of enactment of this Act. CommentsClose CommentsPermalink





Sec. 528. Funds for Teach for America- Of the funds provided in this Act for the National Aeronautics and Space Administration, under the heading `SCIENCE, AERONAUTICS, AND EXPLORATION', $3,000,000 may be for Teach for America for science, technology, engineering, and mathematics related activities. CommentsClose CommentsPermalink





Sec. 529. Not later than 30 days after the date of enactment of this Act, the Departments, agencies, and commissions funded under this Act, shall establish and maintain on the homepages of their Internet websites-- CommentsClose CommentsPermalink





(1) a direct link to the Internet websites of their Offices of Inspectors General; and CommentsClose CommentsPermalink





(2) a mechanism on the Offices of Inspectors General website by which individuals may anonymously report cases of waste, fraud, or abuse with respect to those Departments, agencies, and commissions. CommentsClose CommentsPermalink





Sec. 530. None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding. CommentsClose CommentsPermalink





SEC. 531. DIGITAL AND WIRELESS NETWORKS FOR HIGHER EDUCATION PILOT PROGRAM. (a) Short Title- This section may be cited as the `ED 1.0 Act'. CommentsClose CommentsPermalink





(b) Appropriations- Notwithstanding any other provision of this Act, from the amount appropriated under title I under the heading `Technology Opportunities Program', $4,500,000 may be available for the pilot program under this section, to remain available until expended. CommentsClose CommentsPermalink





(c) Definitions- In this section: CommentsClose CommentsPermalink





(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the National Telecommunications and Information Administration. CommentsClose CommentsPermalink





(2) ELIGIBLE EDUCATIONAL INSTITUTION- The term `eligible educational institution' means an institution that is-- CommentsClose CommentsPermalink





(A) a historically Black college or university; CommentsClose CommentsPermalink





(B) a Hispanic-serving institution as that term is defined in section 502(a)(5) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)(5)); CommentsClose CommentsPermalink





(C) a tribally controlled college or university as that term is defined in section 2(a)(4) of the Tribally Controlled College or University Assistance Act of 1978 (25 U.S.C. 1801(a)(4)); CommentsClose CommentsPermalink





(D) an Alaska Native-serving institution as that term is defined in section 317(b)(2) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(2)); or CommentsClose CommentsPermalink





(E) a Native Hawaiian-serving institution as that term is defined in section 317(b)(4) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)(4)). CommentsClose CommentsPermalink





(3) HISTORICALLY BLACK COLLEGE OR UNIVERSITY- The term `historically Black college or university' means a part B institution as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)). CommentsClose CommentsPermalink





(d) Minority Online Degree Pilot Program- CommentsClose CommentsPermalink





(1) PILOT PROGRAM ESTABLISHED- CommentsClose CommentsPermalink





(A) IN GENERAL- There is established within the National Telecommunications and Information Administration a pilot program under which the Administrator shall award 9 grants to eligible educational institutions to enable the eligible educational institutions to develop digital and wireless networks for online educational programs of study within the eligible educational institutions. The Administrator shall award not less than 1 grant to each type of eligible educational institution, enumerated under subsection (c)(2). CommentsClose CommentsPermalink





(B) GRANT NUMBER AND AMOUNT- CommentsClose CommentsPermalink





(i) NUMBER- The Administrator shall award a total of 9 grants under this subsection. CommentsClose CommentsPermalink





(ii) GRANT PAYMENT AMOUNTS- The Administrator shall make grant payments under this subsection in the amount of $500,000. CommentsClose CommentsPermalink





(2) PRIORITY- CommentsClose CommentsPermalink





(A) IN GENERAL- In awarding grants under this subsection the Administrator shall give priority to an eligible educational institution that, according to the most recent data available (including data available from the Bureau of the Census), serves a county, or other appropriate political subdivision where no counties exist-- CommentsClose CommentsPermalink





(i) in which 50 percent of the residents of the county, or other appropriate political subdivision where no counties exist, are members of a racial or ethnic minority; CommentsClose CommentsPermalink





(ii) in which less than 18 percent of the residents of the county, or other appropriate political subdivision where no counties exist, have obtained a baccalaureate degree or a higher education; CommentsClose CommentsPermalink





(iii) that has an unemployment rate of 7 percent or greater; CommentsClose CommentsPermalink





(iv) in which 20 percent or more of the residents of the county, or other appropriate political subdivision where no counties exist, live in poverty; CommentsClose CommentsPermalink





(v) that has a negative population growth rate; or CommentsClose CommentsPermalink





(vi) that has a family income of not more than $32,000. CommentsClose CommentsPermalink





(B) HIGHEST PRIORITY- In awarding grants under this subsection the Administrator shall give the highest priority to an eligible educational institution that meets the greatest number of requirements described in clauses (i) through (vi) of subparagraph (A). CommentsClose CommentsPermalink





(3) USE OF FUNDS- An eligible educational institution receiving a grant under this subsection may use the grant funds-- CommentsClose CommentsPermalink





(A) to acquire equipment, instrumentation, networking capability, hardware, software, digital network technology, wireless technology, or wireless infrastructure; CommentsClose CommentsPermalink





(B) to develop and provide educational services, including faculty development; or CommentsClose CommentsPermalink





(C) to develop strategic plans for information technology investments. CommentsClose CommentsPermalink





(4) MATCHING NOT REQUIRED- The Administrator shall not require an eligible educational institution to provide matching funds for a grant awarded under this subsection. CommentsClose CommentsPermalink





(5) CONSULTATIONS; REPORT- CommentsClose CommentsPermalink





(A) CONSULTATIONS- The Administrator shall consult with the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives, on a quarterly basis regarding the pilot program assisted under this subsection. CommentsClose CommentsPermalink





(B) REPORT- Not later than 1 year after the date of enactment of this section, the Administrator shall submit to the committees described in subparagraph (A) a report evaluating the progress of the pilot program assisted under this subsection. CommentsClose CommentsPermalink





(6) LIMITATION ON USE OF OTHER FUNDS- The Administrator shall carry out this subsection only with amounts appropriated in advance specifically to carry out this subsection. CommentsClose CommentsPermalink





Sec. 532. (a) The Administrator of the National Aeronautics and Space Administration shall submit quarterly reports to the Inspector General of the National Aeronautics and Space Administration regarding the costs and contracting procedures relating to each conference or meeting, held by the National Aeronautics and Space Administration during fiscal year 2008, and each year thereafter, for which the cost to the Government was more than $20,000. CommentsClose CommentsPermalink





(b) Each report submitted under subsection (a) shall include, for each conference described in that subsection held during the applicable quarter-- CommentsClose CommentsPermalink





(1) a description of the number of and purpose of participants attending that conference or meeting; CommentsClose CommentsPermalink





(2) a detailed statement of the costs to the Government relating to that conference or meeting, including-- CommentsClose CommentsPermalink





(A) the cost of any food or beverages; CommentsClose CommentsPermalink





(B) the cost of any audio-visual services; CommentsClose CommentsPermalink





(C) the cost of all related travel; and CommentsClose CommentsPermalink





(D) a discussion of the methodology used to determine which costs relate to that conference or meeting; and CommentsClose CommentsPermalink





(3) a description of the contracting procedures relating to that conference or meeting, including-- CommentsClose CommentsPermalink





(A) whether contracts were awarded on a competitive basis; and CommentsClose CommentsPermalink





(B) a discussion of any cost comparison conducted by the National Aeronautics and Space Administration in evaluating potential contractors for any conference or meeting. CommentsClose CommentsPermalink





Sec. 533. LIMITATION AND REPORTS ON TRAVEL EXPENSES TO CONFERENCES. (a) In this section, the term conference means a meeting that-- CommentsClose CommentsPermalink





(1) is held for consultation, education, awareness, or discussion; CommentsClose CommentsPermalink





(2) includes participants who are not all employees of the same agency; CommentsClose CommentsPermalink





(3) is not held entirely at an agency facility; CommentsClose CommentsPermalink





(4) involves costs associated with travel and lodging for some participants; and CommentsClose CommentsPermalink





(5) is sponsored by 1 or more agencies, 1 or more organizations that are not agencies, or a combination of such agencies or organizations. CommentsClose CommentsPermalink





(b) The Administrator of NASA shall, not later than September 30, 2008, submit to the appropriate committees of Congress and post on the public Internet website of the agency in a searchable, electronic format, a report on each conference for which the agency paid travel expenses during fiscal year 2008 that includes-- CommentsClose CommentsPermalink





(1) the itemized expenses paid by the agency, including travel expenses and any agency expenditure to otherwise support the conference; CommentsClose CommentsPermalink





(2) the primary sponsor of the conference; CommentsClose CommentsPermalink





(3) the location of the conference; CommentsClose CommentsPermalink





(4) in the case of a conference for which the agency was the primary sponsor, a statement that-- CommentsClose CommentsPermalink





(A) justifies the location selected; CommentsClose CommentsPermalink





(B) demonstrates the cost efficiency of the location; CommentsClose CommentsPermalink





(C) the date of the conference; CommentsClose CommentsPermalink





(D) a brief explanation how the conference advanced the mission of the agency; and CommentsClose CommentsPermalink





(E) the total number of individuals who travel or attendance at the conference was paid for in part or full by the agency. CommentsClose CommentsPermalink





Sec. 534. None of the funds appropriated or otherwise made available in this Act may be used in a manner that is inconsistent with the principal negotiating objective of the United States with respect to trade remedy laws to preserve the ability of the United States-- CommentsClose CommentsPermalink





(1) to enforce vigorously its trade laws, including antidumping, countervailing duty, and safeguard laws; CommentsClose CommentsPermalink





(2) to avoid agreements that-- CommentsClose CommentsPermalink





(A) lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies; or CommentsClose CommentsPermalink





(B) lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and CommentsClose CommentsPermalink





(3) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers. CommentsClose CommentsPermalink





Sec. 535. None of the funds appropriated or otherwise made available by this Act may be made available for a public-private competition conducted under Office of Management and Budget Circular A-76 made on May 29, 2003or to convert a function performed by Federal employees to private sector performance without such a competition unless a representative designated by a majority of the employees engaged in the performance of the activity or function for which the public-private competition is conducted or which is to be converted without such a competition is treated as an interested party with respect to such competition or decision to convert to private sector performance for purposes of subchapter V of chapter 35 of title 31, United States Code. CommentsClose CommentsPermalink





Sec. 536. None of the funds made available under this Act may be used 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 (or any employee of a Member or committee of Congress), unless the specific project has been disclosed in accordance with the rules of the Senate or House of Representatives, as applicable. CommentsClose CommentsPermalink





Sec. 537. None of the funds made available under this Act may be used to purchase first class or premium airline travel that would not be consistent with sections 301-10.123 and 301-10.124 of title 41 of the Code of Federal Regulations. CommentsClose CommentsPermalink





SEC. 525. Section 101(k) of the Emergency Steel Loan Guarantee Act of 1999 (1538. Section 2301 of the Implementing Recommendations of the 9/11 Commission Act of 2007 (47 U.S.C. 184901 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 (16the `Improving Emergency Communications Act of 2007'.' and inserting `the `911 Modernization Act'.'. CommentsClose CommentsPermalink





SEC. 539. Section 504(a)(11)(E) of the Omnibus Consolidated Rescissions and Appropriations Act of 1996 (Public Law 104-134; 110 Stat. 1321-55) is amended by inserting before `an alien' the following: `a nonimmigrant worker admitted to, or permitted to remain in, the United States under section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act (8 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 margin101(a)(15)(H)(ii)(b)) for forestry labor or'. CommentsClose CommentsPermalink





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 199640. SMALL AND SEASONAL BUSINESSES. (a) In General- Section 214(g)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 1324a note).Sec. 529. The amounts otherwise provided by this Act are revised by reducing the amount made available for `Departmental Management--SALARIES AND EXPENSES', and by increasing the amount made available for `Office on Violence Against Women--VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS' for the court training and improvements program authorized by section 105 of the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109-162), by $5,000,000184(g)(9)(A)) is amended by striking `an alien who has already been counted toward the numerical limitation of paragraph (1)(B) during fiscal year 2004, 2005, or 2006 shall not again be counted toward such limitation during fiscal year 2007.' and inserting `an alien who has been present in the United States as an H-2B nonimmigrant during any 1 of the 3 fiscal years immediately preceding the fiscal year of the approved start date of a petition for a nonimmigrant worker described in section 101(a)(15)(H)(ii)(b) shall not be counted toward such limitation for the fiscal year in which the petition is approved.'. CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall be effective during the 1-year period beginning October 1, 2007. CommentsClose CommentsPermalink