HR 3093
7-26-07, Bill Passed House 281-142
Engossed
Senate Amendment, Public Print
Calendar No. 289
110th CONGRESS
1st Session
H. R. 3093
IN THE SENATE OF THE UNITED STATES
July 30, 2007
Received; read twice and placed on the calendar
AN ACT
Making appropriations for the Departments of Commerce and Justice,
and Science, and Related Agencies for the fiscal year ending September 30,
2008, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
That the following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September 30, 2008,
and for other purposes, namely:
TITLE I--DEPARTMENT OF COMMERCE
Trade and Infrastructure Development
International Trade Administration
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activities of the Department
of Commerce provided for by law, and for engaging in trade promotional activities
abroad, including expenses of grants and cooperative agreements for the
purpose of promoting exports of United States firms, without regard to 44
U.S.C. 3702 and 3703; full medical coverage for dependent members of immediate
families of employees stationed overseas and employees temporarily posted
overseas; travel and transportation of employees of the United States and
Foreign Commercial Service between two points abroad, without regard to
49 U.S.C. 40118; employment of Americans and aliens by contract for services;
rental of space abroad for periods not exceeding 10 years, and expenses
of alteration, repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort claims,
in the manner authorized in the first paragraph of 28 U.S.C. 2672 when such
claims arise in foreign countries; not to exceed $327,000 for official representation
expenses abroad; purchase of passenger motor vehicles for official use abroad,
not to exceed $45,000 per vehicle; obtaining insurance on official motor
vehicles; and rental of tie lines, $430,431,000, to remain available until
September 30, 2009, of which $8,000,000 is to be derived from fees to be
retained and used by the International Trade Administration, notwithstanding
31 U.S.C. 3302: Provided, That $49,564,000 shall be for Manufacturing
and Services; $42,960,000 shall be for Market Access and Compliance; $65,601,000
shall be for the Import Administration of which $5,900,000 shall be for
the Office of China Compliance; $245,702,000 shall be for the United States
and Foreign Commercial Service; and $26,604,000 shall be for Executive Direction
and Administration: Provided further, That the provisions of the
first sentence of section 105(f) and all of section 108(c) of the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities without regard to section 5412
of the Omnibus Trade and Competitiveness Act of 1988 (15 U.S.C. 4912); and
that for the purpose of this Act, contributions under the provisions of
the Mutual Educational and Cultural Exchange Act of 1961 shall include payment
for assessments for services provided as part of these activities.
Bureau of Industry and Security
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national security activities
of the Department of Commerce, including costs associated with the performance
of export administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate families of employees
stationed overseas; employment of Americans and aliens by contract for services
abroad; payment of tort claims, in the manner authorized in the first paragraph
of 28 U.S.C. 2672 when such claims arise in foreign countries; not to exceed
$15,000 for official representation expenses abroad; awards of compensation
to informers under the Export Administration Act of 1979, and as authorized
by section 1 of title VI of the Act of June 15, 1917 (22 U.S.C. 401(b));
and purchase of passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established by law, $78,776,000,
to remain available until expended, of which $14,767,000 shall be for inspections
and other activities related to national security: Provided, That
the provisions of the first sentence of section 105(f) and all of section
108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C.
2455(f) and 2458(c)) shall apply in carrying out these activities: Provided
further, That payments and contributions collected and accepted for
materials or services provided as part of such activities may be retained
for use in covering the cost of such activities, and for providing information
to the public with respect to the export administration and national security
activities of the Department of Commerce and other export control programs
of the United States and other governments.
Economic Development Administration
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided by the Public
Works and Economic Development Act of 1965, and for trade adjustment assistance,
$270,000,000, to remain available until expended.
SALARIES AND EXPENSES
For necessary expenses of administering the economic development assistance
programs as provided for by law, $32,800,000: Provided, That these
funds may be used to monitor projects approved pursuant to title I of the
Public Works Employment Act of 1976, title II of the Trade Act of 1974,
and the Community Emergency Drought Relief Act of 1977.
Minority Business Development Agency
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in fostering, promoting,
and developing minority business enterprise, including expenses of grants,
contracts, and other agreements with public or private organizations, $31,225,000.
Economic and Information Infrastructure
Economic and Statistical Analysis
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic and statistical
analysis programs of the Department of Commerce, $86,500,000, to remain
available until September 30, 2009.
Bureau of the Census
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, analyzing, preparing,
and publishing statistics, provided for by law, $196,838,000.
PERIODIC CENSUSES AND PROGRAMS
For necessary expenses to collect and publish statistics for periodic censuses
and programs provided for by law, $1,035,406,000 (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 category.
National Telecommunications and Information Administration
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National Telecommunications
and Information Administration (NTIA), $18,581,000 (increased by $5,000,000),
to remain available until September 30, 2009: Provided, That notwithstanding
31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies
for costs incurred in spectrum management, analysis, and operations, and
related services and such fees shall be retained and used as offsetting
collections for costs of such spectrum services, to remain available until
expended: Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds transferred, or previously
transferred, from other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities by the Institute for Telecommunication
Sciences of NTIA, in furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall remain available
until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION
For the administration of grants authorized by section 392 of the Communications
Act of 1934, $21,728,000, to remain available until expended as authorized
by section 391 of the Act: Provided, That not to exceed $2,000,000
shall be available for program administration as authorized by section 391
of the Act: Provided further, That, notwithstanding the provisions
of section 391 of the Act, the prior year unobligated balances may be made
available for grants for projects for which applications have been submitted
and approved during any fiscal year.
United States Patent and Trademark Office
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and Trademark Office
provided for by law, including defense of suits instituted against the Under
Secretary of Commerce for Intellectual Property and Director of the United
States Patent and Trademark Office, $1,915,500,000, to remain available
until expended: Provided, That the sum herein appropriated from
the general fund shall be reduced as offsetting collections assessed and
collected pursuant to section 31 of Act of July 5, 1946 (60 Stat. 437; 15
U.S.C. 1113) and 35 U.S.C. 41 and 376 are received during fiscal year 2008,
so as to result in a fiscal year 2008 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2008,
should the total amount of offsetting fee collections be less than $1,915,500,000,
this amount shall be reduced accordingly: Provided further, That
from amounts provided herein, not to exceed $1,000 shall be made available
in fiscal year 2008 for official reception and representation expenses:
Provided further, That in fiscal year 2008 from the amounts made
available for `Salaries and Expenses' for the United States Patent and Trademark
Office (PTO), the amounts necessary to pay: (1) the difference between the
percentage of basic pay contributed by the PTO and employees under section
8334(a) of title 5, United States Code, and the normal cost percentage (as
defined by section 8331(17) of that title) of basic pay, of employees subject
to subchapter III of chapter 83 of that title; and (2) the present value
of the otherwise unfunded accruing costs, as determined by the Office of
Personnel Management, of post-retirement life insurance and post-retirement
health benefits coverage for all PTO employees, shall be transferred to
the Civil Service Retirement and Disability Fund, the Employees Life Insurance
Fund, and the Employees Health Benefits Fund, as appropriate, and shall
be available for the authorized purposes of those accounts: Provided
further, That sections 801, 802, and 803 of division B, of Public Law
108-447 shall remain in effect during fiscal year 2008.
Science and Technology
Technology Administration
SALARIES AND EXPENSES
For necessary expenses for the Under Secretary for Technology, $1,000,000,
to remain available until September 30, 2009.
National Institute of Standards and Technology
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of Standards and Technology,
$500,517,000, to remain available until expended, of which not to exceed
$12,500,000 may be transferred to the `Working Capital Fund'.
industrial technology services
For necessary expenses of the Hollings Manufacturing Extension Partnership
of the National Institute of Standards and Technology, $108,757,000, to
remain available until expended.
In addition, for necessary expenses of the Advanced Technology Program of
the National Institute of Standards and Technology, $93,062,000, to remain
available until expended.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architectural and
engineering design, and for renovation and maintenance of existing facilities,
not otherwise provided for the National Institute of Standards and Technology,
as authorized by the Act entitled `An Act to establish the National Bureau
of Standards' (15 U.S.C. 278c-278e), $128,865,000, to remain available until
expended.
National Oceanic and Atmospheric Administration
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of activities authorized by law for the National
Oceanic and Atmospheric Administration, including maintenance, operation,
and hire of aircraft and vessels; grants, contracts, or other payments to
nonprofit organizations for the purposes of conducting activities pursuant
to cooperative agreements; and relocation of facilities, $2,847,556,000
(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: Provided,
That fees and donations received by the National Ocean Service for the management
of national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding 31 U.S.C.
3302: Provided further, That the Administrator of the National
Oceanic and Atmospheric Administration may engage in formal and informal
education activities, including primary and secondary education, related
to the agency's mission goals: Provided further, That in addition,
$3,000,000 shall be derived by transfer from the fund entitled `Coastal
Zone Management' and in addition $77,000,000 shall be derived by transfer
from the fund entitled `Promote and Develop Fishery Products and Research
Pertaining to American Fisheries': Provided further, That of the
$2,938,556,000 provided for in direct obligations under this heading $2,847,556,000
is appropriated from the general fund, $80,000,000 is provided by transfer,
and $11,000,000 is derived from recoveries of prior year obligations. Provided
further, That any deviation from the amounts designated for specific
activities in the report accompanying this Act, or any use of deobligated
balances of funds provided under this heading in previous years, shall be
subject to the procedures set forth in section 505 of this Act.
In addition, for necessary retired pay expenses under the Retired Serviceman's
Family Protection and Survivor Benefits Plan, and for payments for the medical
care of retired personnel and their dependents under the Dependents, Medical
Care Act (10 U.S.C. chapter 55), such sums as may be necessary.
NATIONAL ACADEMY OF SCIENCES'
CLIMATE CHANGE STUDY COMMITTEE
Of the amounts provided for the `National Oceanic and Atmospheric Administration,
Operations, Research and Facilities', $6,000,000 shall be for necessary
expenses in support of an agreement between the Administrator of the National
Oceanic and Atmospheric Administration and the National Academies under
which the National Academies shall establish the Climate Change Study Committee
to investigate and study the serious and sweeping issues relating to global
climate change and make recommendations regarding what steps must be taken
and what strategies must be adopted in response to global climate change,
including the science and technology challenges thereof.
The agreement shall provide for: establishment of and appointment of members
to the Climate Change Study Committee by the National Academies; organization
by the National Academies of a Summit on Global Climate Change to help define
the parameters of the study, not to exceed 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
For procurement, acquisition and construction of capital assets, including
alteration and modification costs, of the National Oceanic and Atmospheric
Administration, $1,039,098,000, to remain available until September 30,
2010, except funds provided for construction of facilities which shall remain
available until expended: Provided, That of the amounts provided
for the National Polar-orbiting Operational Environmental Satellite System,
funds shall only be made available on a dollar-for-dollar matching basis
with funds provided for the same purpose by the Department of Defense: Provided
further, That except to the extent expressly prohibited by any other
law, the Department of Defense may delegate procurement functions related
to the National Polar-orbiting Operational Environmental Satellite System
to officials of the Department of Commerce pursuant to section 2311 of title
10, United States Code. Provided further, That any deviation from
the amounts designated for specific activities in the report accompanying
this Act, or any use of deobligated balances of funds provided under this
heading in previous years, shall be subject to the procedures set forth
in section 505 of this Act.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of Pacific salmon
populations, $64,825,000, to remain available until September 30, 2009:
Provided, That of the funds provided herein the Secretary of Commerce
may issue grants to the States of Washington, Oregon, Idaho, California,
and Alaska, and the Columbia River and Pacific Coastal Tribes for projects
necessary for restoration of salmon and steelhead populations that are listed
as threatened or endangered, or identified by a State as at-risk to be so-listed,
for maintaining populations necessary for exercise of tribal treaty fishing
rights or native subsistence fishing, or for conservation of Pacific coastal
salmon and steelhead habitat, based on guidelines to be developed by the
Secretary of Commerce: Provided further, That funds disbursed to
States shall be subject to a matching requirement of funds or documented
in-kind contributions of at least 33 percent of the Federal funds: Provided
further, That non-Federal funds provided pursuant to the second proviso
be used in direct support of this program.
COASTAL ZONE MANAGEMENT FUND
(INCLUDING TRANSFER OF FUNDS)
Of amounts collected pursuant to section 308 of the Coastal Zone Management
Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000 shall be transferred
to the `Operations, Research, and Facilities' account to offset the costs
of implementing such Act.
FISHERIES FINANCE PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of 1974, during fiscal
year 2008, obligations of direct loans may not exceed $8,000,000 for Individual
Fishing Quota loans as authorized by the Merchant Marine Act, 1936.
Other
Departmental Management
SALARIES AND EXPENSES
For expenses necessary for the departmental management of the Department
of Commerce provided for by law, including not to exceed $5,000 for official
entertainment, $58,693,000 (reduced by $25,000,000).
HCHB RENOVATION AND MODERNIZATION
For expenses necessary for the renovation and modernization of the Herbert
C. Hoover Building, $3,364,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out
the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $23,426,000.
NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT COORDINATION COUNCIL
For necessary expenses of the National Intellectual Property Law Enforcement
Coordination Council to coordinate domestic and international intellectual
property protection and law enforcement relating to intellectual property
among Federal and foreign entities, $1,000,000, to remain available until
September 30, 2009.
General Provisions--Department of Commerce
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. During the current fiscal year, applicable appropriations and
funds made available to the Department of Commerce by this Act shall be
available for the activities specified in the Act of October 26, 1949 (15
U.S.C. 1514), to the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise
authorized only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 102. During the current fiscal year, appropriations made available
to the Department of Commerce by this Act for salaries and expenses shall
be available for hire of passenger motor vehicles as authorized by 31 U.S.C.
1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902.
SEC. 103. Not to exceed 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 Committee on Appropriations at least 15 days in advance of the
acquisition or disposal of any capital asset (including land, structures,
and equipment) not specifically provided for in this Act or any other law
appropriating funds for the Department of Commerce.
SEC. 104. Any costs incurred by a department or agency funded under this
title resulting from personnel actions taken in response to funding reductions
included in this title or from actions taken for the care and protection
of loan collateral or grant property shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
SEC. 105. Section 3315b of title 19, 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'.
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 Code, the personnel management demonstration
project established by the Department of Commerce pursuant to such section
4703 may be expanded to involve more than 5,000 individuals, and is extended
indefinitely.
SEC. 109. (a) The Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3701 et seq.) is amended by striking section 5 and paragraphs (1)
and (3) of section 4, and redesignating paragraphs (2) and (4) through (13)
of section 4 as paragraphs (1) through (11), respectively.
(b) Section 212(b) of the National Technical Information Act of 1988 (15
U.S.C. 3704b) is amended by striking `Under Secretary of Commerce for Technology'
and inserting `Director of the National Institute of Standards and Technology'.
TITLE II--DEPARTMENT OF JUSTICE
General Administration
SALARIES AND EXPENSES
For expenses necessary for the administration of the Department of Justice,
$104,777,000 (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: Provided, That not to exceed 45 permanent positions,
46 full-time equivalent workyears, and $12,684,000 shall be expended for
the Department Leadership Program: Provided further, That not to
exceed 24 permanent positions, 24 full-time equivalent workyears, and $3,734,000
shall be expended for the Office of Legislative Affairs: Provided further,
That not to exceed 22 permanent positions, 22 full-time equivalent workyears,
and $2,968,000 shall be expended for the Office of Public Affairs: Provided
further, That the latter two aforementioned offices may utilize non-reimbursable
details of career employees within the caps described in the preceding two
provisos.
JUSTICE INFORMATION SHARING TECHNOLOGY
For necessary expenses for information sharing technology, including planning,
development, deployment and departmental direction, $100,500,000, to remain
available until expended, of which not less than $21,000,000 is for the
unified financial management system.
TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS
For the costs of developing and implementing a nation-wide Integrated Wireless
Network supporting Federal law enforcement and homeland security missions,
and for the costs of operations and maintenance of existing Land Mobile
Radio legacy systems, $81,353,000, to remain available until September 30,
2009: Provided, That the Attorney General shall transfer to this
account all funds made available to the Department of Justice for the purchase
of portable and mobile radios: Provided further, That any transfer
made under the preceding proviso shall be subject to section 505 of this
Act.
ADMINISTRATIVE REVIEW AND APPEALS
For expenses necessary for the administration of pardon and clemency petitions
and immigration-related activities, $251,499,000, of which, $4,000,000 shall
be derived by transfer from the Executive Office for Immigration Review
fees deposited in the `Immigration Examination Fee' account.
DETENTION TRUSTEE
For necessary expenses of the Federal Detention Trustee, $1,260,872,000,
to remain available until expended: Provided, That the Trustee
shall be responsible for managing the Justice Prisoner and Alien Transportation
System: Provided further, That not to exceed $5,000,000 shall be
considered `funds appropriated for State and local law enforcement assistance'
pursuant to 18 U.S.C. 4013(b).
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General, $74,708,000 including
not to exceed $10,000 to meet unforeseen emergencies of a confidential character.
United States Parole Commission
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission as authorized,
$12,194,000.
Legal Activities
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the Department of Justice,
not otherwise provided for, including not to exceed $20,000 for expenses
of collecting evidence, to be expended under the direction of, and to be
accounted for solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of Columbia, $750,584,000,
of which not to exceed $10,000,000 for litigation support contracts shall
remain available until expended: Provided, That of the total amount
appropriated, not to exceed $1,000 shall be available to the United States
National Central Bureau, INTERPOL, for official reception and representation
expenses: Provided further, That notwithstanding section 205 of
this Act, upon a determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil Division,
the Attorney General may transfer such amounts to `Salaries and Expenses,
General Legal Activities' from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary to respond
to such circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming under section
505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
In addition, for reimbursement of expenses of the Department of Justice
associated with processing cases under the National Childhood Vaccine Injury
Act of 1986, not to exceed $6,833,000, to be appropriated from the Vaccine
Injury Compensation Trust Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and kindred laws,
$155,097,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated
to be $139,000,000 in fiscal year 2008), shall be retained and used for
necessary expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are received
during fiscal year 2008, so as to result in a final fiscal year 2008 appropriation
from the general fund estimated at $16,097,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
For necessary expenses of the Offices of the United States Attorneys, including
inter-governmental and cooperative agreements, $1,747,822,000 (increased
by $750,000): Provided, That of the total amount appropriated,
not to exceed $8,000 shall be available for official reception and representation
expenses: Provided further, That not to exceed $20,000,000 shall
remain available until expended.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee System, as authorized,
$189,000,000, to remain available until expended and to be derived from
the United States Trustee System Fund: Provided, That amounts deposited
in the Fund in fiscal year 2008 in excess of $184,000,000, but not to exceed
$231,899,000, shall be available until expended for the necessary expenses
of the United States Trustee System as provided in section 589a(a) of title
28, United States Code: Provided further, That, notwithstanding
any other provision of law, deposits to the Fund shall be available in such
amounts as may be necessary to pay refunds due depositors.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign Claims
Settlement Commission, including services as authorized by 5 U.S.C. 3109,
$1,709,000.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service, $883,766,000;
of which not to exceed $6,000 shall be available for official reception
and representation expenses; of which not to exceed $4,000,000 shall be
for information technology systems and shall remain available until expended;
and of which not less than $12,397,000 shall be available for the costs
of courthouse security equipment, including furnishings, relocations, and
telephone systems and cabling, and shall remain available until expended.
CONSTRUCTION
For construction in space controlled, occupied or utilized by the United
States Marshals Service for prisoner holding and related support, $2,451,000,
to remain available until expended.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of contracts for the procurement
and supervision of expert witnesses, for private counsel expenses, including
advances, and for expenses of foreign counsel, $168,300,000, to remain available
until expended, of which not to exceed $10,000,000 is for construction of
buildings for protected witness safesites; not to exceed $3,000,000 is for
the purchase and maintenance of armored and other vehicles for witness security
caravans; and not to exceed $9,000,000 is for the purchase, installation,
maintenance and upgrade of secure telecommunications equipment and a secure
automated information network to store and retrieve the identities and locations
of protected witnesses.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
For necessary expenses of the Community Relations Service, $9,794,000: Provided,
That notwithstanding section 205 of this Act, upon a determination by the
Attorney General that emergent circumstances require additional funding
for conflict resolution and violence prevention activities of the Community
Relations Service, the Attorney General may transfer such amounts to the
Community Relations Service, from available appropriations for the current
fiscal year for the Department of Justice, as may be necessary to respond
to such circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming under section
505 of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G), $20,990,000,
to be derived from the Department of Justice Assets Forfeiture Fund.
SALARIES AND EXPENSES, NATIONAL SECURITY DIVISION
For expenses necessary to carry out the activities of the National Security
Division, $78,056,000; of which not to exceed $5,000,000 for information
technology systems shall remain available until expended: Provided,
That notwithstanding section 205 of this Act, upon a determination by the
Attorney General that emergent circumstances require additional funding
for the activities of the National Security Division, the Attorney General
may transfer such amounts to this heading from available appropriations
for the current fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any such
transfer shall be treated as a reprogramming under section 505 of this Act
and shall not be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Interagency Law Enforcement
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification, investigation, and prosecution
of individuals associated with the most significant drug trafficking and
affiliated money laundering organizations not otherwise provided for, to
include inter-governmental agreements with State and local law enforcement
agencies engaged in the investigation and prosecution of individuals involved
in organized crime drug trafficking, $509,154,000, of which $50,000,000
shall remain available until expended: Provided, That any amounts
obligated from these appropriations may be used under authorities available
to the organizations reimbursed from this appropriation.
Federal Bureau of Investigation
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation for detection,
investigation, and prosecution of crimes against the United States; $6,498,111,000
(increased by $5,500,000); of which not to exceed $150,000,000 shall remain
available until expended; and of which $2,308,580,000 shall be for counterterrorism
investigations, foreign counterintelligence, and other activities related
to our national security: Provided, That not to exceed $205,000
shall be available for official reception and representation expenses: Provided
further, That not to exceed $170,000 shall be available in 2008 for
expenses associated with the celebration of the 100th anniversary of the
Federal Bureau of Investigation.
CONSTRUCTION
For necessary expenses to construct or acquire buildings and sites by purchase,
or as otherwise authorized by law (including equipment for such buildings);
conversion and extension of federally-owned buildings; and preliminary planning
and design of projects; $33,191,000 (reduced by $5,000,000), to remain available
until expended.
Drug Enforcement Administration
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administration, including
not to exceed $70,000 to meet unforeseen emergencies of a confidential character
pursuant to 28 U.S.C. 530C; and expenses for conducting drug education and
training programs, including travel and related expenses for participants
in such programs and the distribution of items of token value that promote
the goals of such programs, $1,842,569,000; of which not to exceed $75,000,000
shall remain available until expended; and of which not to exceed $100,000
shall be available for official reception and representation expenses.
Bureau of Alcohol, Tobacco, Firearms and Explosives
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives,
including the purchase of not to exceed 822 vehicles for police-type use,
of which 650 shall be for replacement only; not to exceed $25,000 for official
reception and representation expenses; for training of State and local law
enforcement agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives and
fire accelerants detection; and for provision of laboratory assistance to
State and local law enforcement agencies, with or without reimbursement,
$1,013,980,000, of which not to exceed $1,000,000 shall be available for
the payment of attorneys' fees as provided by 18 U.S.C. 924(d)(2); and of
which $10,000,000 shall remain available until expended: Provided,
That no funds appropriated herein shall be available for salaries or administrative
expenses in connection with consolidating or centralizing, within the Department
of Justice, the records, or any portion thereof, of acquisition and disposition
of firearms maintained by Federal firearms licensees: Provided further,
That no funds appropriated herein shall be used to pay administrative expenses
or the compensation of any officer or employee of the United States to implement
an amendment or amendments to 27 CFR 178.118 or to change the definition
of `Curios or relics' in 27 CFR 178.11 or remove any item from ATF Publication
5300.11 as it existed on January 1, 1994: Provided further, That
none of the funds appropriated herein shall be available to investigate
or act upon applications for relief from Federal firearms disabilities under
18 U.S.C. 925(c): Provided further, That such funds shall be available
to investigate and act upon applications filed by corporations for relief
from Federal firearms disabilities under section 925(c) of title 18, United
States Code: Provided further, That no funds made available by
this or any other Act may be used to transfer the functions, missions, or
activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to
other agencies or Departments in fiscal year 2008: Provided further,
That, beginning in fiscal year 2008 and thereafter, no funds appropriated
under this or any other Act may be used to disclose part or all of the contents
of the Firearms Trace System database maintained by the National Trace Center
of the Bureau of Alcohol, Tobacco, Firearms and Explosives or any information
required to be kept by licensees pursuant to section 923(g) of title 18,
United States Code, or required to be reported pursuant to paragraphs (3)
and (7) of such section 923(g), except to: (1) a Federal, State, local,
tribal, or foreign law enforcement agency, or a Federal, State, or local
prosecutor, solely in connection with and for use in a criminal investigation
or prosecution; or (2) a Federal agency for a national security or intelligence
purpose; and all such data shall be immune from legal process, shall not
be subject to subpoena or other discovery, shall be inadmissible in evidence,
and shall not be used, relied on, or disclosed in any manner, nor shall
testimony or other evidence be permitted based on the data, in a civil action
in any State (including the District of Columbia) or Federal court or in
an administrative proceeding other than a proceeding commenced by the Bureau
of Alcohol, Tobacco, Firearms and Explosives to enforce the provisions of
chapter 44 of such title, or a review of such an action or proceeding; except
that this proviso shall not be construed to prevent: (A) the disclosure
of statistical information concerning total production, importation, and
exportation by each licensed importer (as defined in section 921(a)(9) of
such title) and licensed manufacturer (as defined in section 921(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 investigations:
Provided further, That no funds made available by this or any other
Act shall be expended to promulgate or implement any rule requiring a physical
inventory of any business licensed under section 923 of title 18, United
States Code: Provided further, That no funds under this Act may
be used to electronically retrieve information gathered pursuant to 18 U.S.C.
923(g)(4) by name or any personal identification code: Provided further,
That no funds authorized or made available under this or any other Act may
be used to deny any application for a license under section 923 of title
18, United States Code, or renewal of such a license due to a lack of business
activity, provided that the applicant is otherwise eligible to receive such
a license, and is eligible to report business income or to claim an income
tax deduction for business expenses under the Internal Revenue Code of 1986.
Federal Prison System
SALARIES AND EXPENSES
For necessary expenses of the Federal Prison System for the administration,
operation, and maintenance of Federal penal and correctional institutions,
including purchase (not to exceed 669, of which 642 are for replacement
only) and hire of law enforcement and passenger motor vehicles, and for
the provision of technical assistance and advice on corrections related
issues to foreign governments, $5,171,440,000: Provided, That the
Attorney General may transfer to the Health Resources and Services Administration
such amounts as may be necessary for direct expenditures by that Administration
for medical relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System,
where necessary, may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts payable to persons
who, on behalf of the Federal Prison System, furnish health services to
individuals committed to the custody of the Federal Prison System: Provided
further, That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That not
to exceed $50,000,000 shall remain available for necessary operations until
September 30, 2009: Provided further, That, of the amounts provided
for contract confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants, contracts and reimbursable
agreements, and other expenses authorized by section 501(c) of the Refugee
Education Assistance Act of 1980, for the care and security in the United
States of Cuban and Haitian entrants: Provided further, That the
Director of the Federal Prison System may accept donated property and services
relating to the operation of the prison card program from a not-for-profit
entity which has operated such program in the past notwithstanding the fact
that such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release services,
halfway houses, or other custodial facilities.
BUILDINGS AND FACILITIES
For the modernization, maintenance, and repair of buildings and facilities,
including all necessary expenses incident thereto, by contract or force
account, $95,003,000, to remain available until expended, of which not to
exceed $14,000,000 shall be available to construct areas for inmate work
programs: Provided, That labor of United States prisoners may be
used for work performed under this appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby authorized to make
such expenditures, within the limits of funds and borrowing authority available,
and in accord with the law, and to make such contracts and commitments,
without regard to fiscal year limitations as provided by section 9104 of
title 31, United States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corporation,
including purchase (not to exceed five for replacement only) and hire of
passenger motor vehicles.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, INCORPORATED
Not to exceed $2,477,000 of the funds of the Federal Prison Industries,
Incorporated shall be available for its administrative expenses, and for
services as authorized by 5 U.S.C. 3109, to be computed on an accrual basis
to be determined in accordance with the corporation's current prescribed
accounting system, and such amounts shall be exclusive of depreciation,
payment of claims, and expenditures which such accounting system requires
to be capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection with
acquisition, construction, operation, maintenance, improvement, protection,
or disposition of facilities and other property belonging to the corporation
or in which it has an interest.
Office on Violence Against Women
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS
For grants, contracts, cooperative agreements, and other assistance for
the prevention and prosecution of violence against women, as authorized
by the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.) (`the 1968 Act'); the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322) (`the 1994 Act'); the Victims of Child
Abuse Act of 1990 (Public Law 101-647) (`the 1990 Act'); the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children Today Act of
2003 (Public Law 108-21); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386) (`the 2000 Act'); and the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162) (`the 2005 Act'); $430,000,000 (increased by $10,000,000), including
amounts for administrative costs, to remain available until expended as
follows:
(1) $12,000,000 for the court-appointed special advocate program, as authorized
by section 217 of the 1990 Act.
(2) $3,000,000 for child abuse training programs for judicial personnel
and practitioners, as authorized by section 222 of the 1990 Act.
(3) $205,000,000 for grants to combat violence against women, as authorized
by part T of the 1968 Act, as amended by section 101 of the 2005 Act,
of which--
(A) $20,000,000 shall be for transitional housing assistance grants
for victims of domestic violence, stalking or sexual assault as authorized
by section 40299 of the 1994 Act, as amended by section 602 of the 2005
Act; and
(B) $2,000,000 shall be for the National Institute of Justice for research
and evaluation of violence against women.
(4) $63,000,000 for grants to encourage arrest policies as authorized
by part U of the 1968 Act, as amended by section 102 of the 2005 Act.
(5) $10,000,000 for sexual assault victims assistance, as authorized by
section 202 of the 2005 Act.
(6) $40,000,000 (increased by $10,000,000) for rural domestic violence
and child abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act, as amended by section 203 of the 2005 Act.
(7) $6,000,000 for training programs as authorized by section 40152 of
the 1994 Act, as amended by section 108 of the 2005 Act, and for related
local demonstration projects.
(8) $3,000,000 for grants to improve the stalking and domestic violence
databases, as authorized by section 40602 of the 1994 Act, as amended
by section 109 of the 2005 Act.
(9) $10,000,000 for grants to reduce violent crimes against women on campus,
as authorized by section 304 of the 2005 Act.
(10) $40,000,000 for legal assistance for victims, as authorized by section
1201 of the 2000 Act, as amended by section 103 of the 2005 Act.
(11) $5,000,000 for enhancing protection for older and disabled women
from domestic violence and sexual assault, as authorized by section 40802
of the 1994 Act, as amended by section 205 of the 2005 Act.
(12) $15,000,000 for the safe havens for children program, as authorized
by section 1301 of the 2000 Act, as amended by section 306 of the 2005
Act.
(13) $8,000,000 for education and training to end violence against and
abuse of women with disabilities, as authorized by section 1402 of the
2000 Act, as amended by section 204 of the 2005 Act.
(14) $10,000,000 for an engaging men and youth in prevention program,
as authorized by the 2005 Act.
Office of Justice Programs
JUSTICE ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance authorized
by title I of the Omnibus Crime Control and Safe Streets Act of 1968, the
Missing Children's Assistance Act, including salaries and expenses in connection
therewith, the Prosecutorial Remedies and Other Tools to end the Exploitation
of Children Today Act of 2003 (Public Law 108-21), the Justice for All Act
of 2004 (Public Law 108-405), the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162), and the Victims
of Crime Act of 1984, $250,000,000, to remain available until expended:
Provided, That not to exceed $127,915,000 (increased by $1,747,111)
shall be expended in total for Office of Justice Programs management and
administration.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
For grants, contracts, cooperative agreements, and other assistance authorized
by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law
103-322) (`the 1994 Act'); the Omnibus Crime Control and Safe Streets Act
of 1968 (`the 1968 Act'); the Trafficking Victims Protection Reauthorization
Act of 2005 (Public Law 109-164); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162); and the Victims
of Trafficking and Violence Protection Act of 2000 (Public Law 106-386);
and other programs; $1,315,000,000 (increased by $10,000,000) (increased
by $55,000,000) (including amounts for administrative costs, which shall
be transferred to and merged with the `Justice Assistance' account): Provided,
That funding provided under this heading shall remain available until
expended as follows:
(1) $600,000,000 for the Edward Byrne Memorial Justice Assistance Grant
program as authorized by subpart 1 of part E of title I of the 1968 Act,
as amended by section 1111 of Public Law 109-162 (except that the special
rules for Puerto Rico under section 505(g) of the 1968 Act, as amended
by section 1111 of Public Law 109-162, shall not apply for purposes of
this Act), of which $25,000,000 is for State and local law enforcement
for security associated with the 2008 Presidential Candidate Nominating
Conventions, to be divided equally between the conventions; and $10,000,000
is for the National Institute of Justice in assisting units of local government
to identify, select, develop, modernize, and purchase new technologies
for use by law enforcement.
(2) $405,000,000 (increased by $55,000,000) 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) for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, municipal governments
only for costs associated with the prosecution of criminal cases declined
by local offices of the United States Attorneys.
(4) $124,500,000 for discretionary grants, notwithstanding the provisions
of section 505 of the 1968 Act.
(5) $1,000,000 for the Missing Alzheimer's Disease Patient Alert Program,
as authorized by section 240001(c) of the 1994 Act.
(6) $15,000,000 for activities authorized under Public Law 109-164.
(7) $40,000,000 for Drug Courts, as authorized by section 1001(25)(A)
of title I of the 1968 Act, as amended by section 1142 of Public Law 109-162.
(8) $7,500,000 for a prescription drug monitoring program.
(9) $25,000,000 for prison rape prevention and prosecution programs, as
authorized by the Prison Rape Elimination Act of 2003 (Public Law 108-79),
of which $1,800,000 shall be transferred to the National Prison Rape Elimination
Commission for authorized activities.
(10) $10,000,000 for grants for residential substance abuse treatment
for State prisoners, as authorized by part S of the 1968 Act.
(11) $5,000,000 for a program to improve State and local law enforcement
intelligence capabilities including antiterrorism training and training
to ensure that constitutional rights, civil liberties, civil rights, and
privacy interests are protected.
(12) $31,000,000 for assistance to Indian tribes, of which--
(A) $12,000,000 shall be available for grants under section 20109(a)(2)
of subtitle A of title II of the 1994 Act;
(B) $12,000,000 shall be available for the Tribal Courts Initiative;
and
(C) $7,000,000 shall be available for tribal alcohol and substance abuse
reduction assistance grants.
(13) $1,000,000 for a capital litigation improvement grant program.
(14) $10,000,000 for mental health courts and adult and juvenile collaboration
program grants, as authorized by parts V and HH of title I of the 1968
Act.
(15) $10,000,000 for sex offender management assistance as authorized
by the Adam Walsh Child Protection and Safety Act of 2006 (Public Law
109-248), the Violence Against Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162), and the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322):
Provided further, That, if a unit of local government uses any
of the funds made available under this title to increase the number of law
enforcement officers, the unit of local government will achieve a net gain
in the number of law enforcement officers who perform nonadministrative
public safety service.
COMMUNITY ORIENTED POLICING SERVICES
For activities authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103-322), the Omnibus Crime Control and Safe Streets
Act of 1968 (`the 1968 Act'), the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162), and the USA
PATRIOT Improvement and Reauthorization Act of 2005 (Public Law 109-177)
(including administrative costs), $725,000,000, to remain available until
expended: Provided, That of the funds under this heading, not to
exceed $2,575,000 shall be available for the Office of Justice Programs
for reimbursable services associated with programs administered by the Community
Oriented Policing Services Office: Provided further, That any balances
made available through prior year deobligations shall only be available
in accordance with section 505 of this Act. Of the amount provided--
(1) $30,000,000 is for the matching grant program for armor vests for
law enforcement officers, as authorized by section 2501 of part Y of the
1968 Act;
(2) $85,000,000 is for grants to address public safety and methamphetamine
manufacturing, sale, and use in hot spots as authorized by section 754
of Public Law 109-177;
(3) $128,000,000 is for law enforcement technologies and interoperable
communications;
(4) $15,000,000 is for an offender re-entry program;
(5) $12,000,000 is for grants to upgrade criminal records, as authorized
under the Crime Identification Technology Act of 1998 (42 U.S.C. 14601);
(6) $175,000,000 is for a DNA analysis and capacity enhancement program,
and for other local, State, and Federal forensic activities, of which
not less than $151,000,000 shall be for reducing and eliminating the backlog
of DNA samples and for increasing State and local DNA laboratory capacity;
(7) $18,000,000 is for improving tribal law enforcement, including equipment
and training;
(8) $80,000,000 is for programs to reduce gun crime and gang violence;
(9) $4,000,000 is for training and technical assistance;
(10) $49,692,000 is for the Office of Weed and Seed Strategies, as authorized
by section 103 of the 1968 Act, as amended by section 1121 of Public Law
109-162;
(11) not to exceed $28,308,000 is for program management and administration;
and
(12) $100,000,000 for grants under section 1701 of title I of the 1968
Act (42 U.S.C. 3796dd) for the hiring and rehiring of additional career
law enforcement officers under part Q of such title notwithstanding subsection
(i) of such section.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assistance authorized
by the Juvenile Justice and Delinquency Prevention Act of 1974 (`the 1974
Act'), the Omnibus Crime Control and Safe Streets Act of 1968 (`the 1968
Act'), the Violence Against Women and Department of Justice Reauthorization
Act of 2005 (Public Law 109-162), and other juvenile justice programs, including
salaries and expenses in connection therewith to be transferred to and merged
with the appropriations for Justice Assistance, $399,900,000, to remain
available until expended as follows:
(1) $725,000 for concentration of Federal efforts, as authorized by section
204 of the 1974 Act.
(2) $81,175,000 for State and local programs authorized by section 221
of the 1974 Act, including training and technical assistance to assist
small, non-profit organizations with the Federal grants process.
(3) $53,000,000 for demonstration projects, as authorized by sections
261 and 262 of the 1974 Act.
(4) $100,000,000 for youth mentoring grants.
(5) $70,000,000 for delinquency prevention, as authorized by section 505
of the 1974 Act, of which--
(A) $17,500,000 shall be for the Tribal Youth Program;
(B) $25,000,000 shall be for a gang resistance education and training
program; and
(C) $25,000,000 shall be for grants of $360,000 to each State and $6,640,000
shall be available for discretionary grants to States, for programs
and activities to enforce State laws prohibiting the sale of alcoholic
beverages to minors or the purchase or consumption of alcoholic beverages
by minors, prevention and reduction of consumption of alcoholic beverages
by minors, and for technical assistance and training.
(6) $20,000,000 for the Secure Our Schools Act, as authorized by part
AA of the 1968 Act, as amended by section 1169 of Public Law 109-162.
(7) $15,000,000 for programs authorized by the Victims of Child Abuse
Act of 1990.
(8) $60,000,000 for the Juvenile Accountability Block Grants program as
authorized by part R of the 1968 Act, as amended by section 1166 of Public
Law 109-162 and Guam shall be considered a State:
Provided, That not more than 10 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.
PUBLIC SAFETY OFFICERS BENEFITS
For payments and expenses authorized by part L of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), such sums as
are necessary, as authorized by section 6093 of Public Law 100-690 (102
Stat. 4339-4340) (including amounts for administrative costs, which amounts
shall be paid to the `Justice Assistance' account), to remain available
until expended; and $5,000,000 for payments authorized by section 1201(b)
of such Act; and $4,100,000 for educational assistance, as authorized by
section 1212 of such Act.
General Provisions--Department of Justice
SEC. 201. In addition to amounts otherwise made available in this title
for official reception and representation expenses, a total of not to exceed
$60,000 from funds appropriated to the Department of Justice in this title
shall be available to the Attorney General for official reception and representation
expenses.
SEC. 202. None of the funds appropriated by this title shall be available
to pay for an abortion, except where the life of the mother would be endangered
if the fetus were carried to term, or in the case of rape: Provided,
That should this prohibition be declared unconstitutional by a court of
competent jurisdiction, this section shall be null and void.
SEC. 203. None of the funds appropriated under this title shall be used
to require any person to perform, or facilitate in any way the performance
of, any abortion.
SEC. 204. Nothing in the preceding section shall remove the obligation of
the Director of the Bureau of Prisons to provide escort services necessary
for a female inmate to receive such service outside the Federal facility:
Provided, That nothing in this section in any way diminishes the
effect of section 203 intended to address the philosophical beliefs of individual
employees of the Bureau of Prisons.
SEC. 205. Not to exceed 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.
SEC. 206. The Attorney General is authorized to extend through September
30, 2009, the Personnel Management Demonstration Project transferred to
the Attorney General pursuant to section 1115 of the Homeland Security Act
of 2002, Public Law 107-296 (6 U.S.C. 533) without limitation on the number
of employees or the positions covered.
SEC. 207. Notwithstanding any other provision of law, Public Law 102-395
section 102(b) shall extend to the Bureau of Alcohol, Tobacco, Firearms
and Explosives in the conduct of undercover investigative operations and
shall apply without fiscal year limitation with respect to any undercover
investigative operation initiated by the Bureau of Alcohol, Tobacco, Firearms
and Explosives that is necessary for the detection and prosecution of crimes
against the United States.
SEC. 208. None of the funds made available to the Department of Justice
in this Act may be used for the purpose of transporting an individual who
is a prisoner pursuant to conviction for crime under State or Federal law
and is classified as a maximum or high security prisoner, other than to
a prison or other facility certified by the Federal Bureau of Prisons as
appropriately secure for housing such a prisoner.
SEC. 209. (a) None of the funds appropriated by this Act may be used by
Federal prisons to purchase cable television services, to rent or purchase
videocassettes, videocassette recorders, or other audiovisual or electronic
equipment used primarily for recreational purposes.
(b) The preceding sentence does not preclude the renting, maintenance, or
purchase of audiovisual or electronic equipment for inmate training, religious,
or educational programs.
SEC. 210. None of the funds made available under this title shall be obligated
or expended for SENTINEL, or for any other major new or enhanced information
technology program having total estimated development costs in excess of
$100,000,000, unless the Deputy Attorney General and the investment review
board certify to the Committee on Appropriations that the information technology
program has appropriate program management and contractor oversight mechanisms
in place, and that the program is compatible with the enterprise architecture
of the Department of Justice.
SEC. 211. (a) Section 589a of title 28, United States Code, is amended in
subsection (b) by--
(1) striking `and' in paragraph (8);
(2) striking the period in paragraph (9) and inserting `; and'; and
(3) adding the following new paragraph:
`(10) fines imposed under section 110(l) of title 11, United States Code.'.
(b) Section 110(l)(4)(A) of title 11, United States Code, is amended to
read as follows:
`(A) Fines imposed under this subsection in judicial districts served by
United States trustees shall be paid to the United States trustees, who
shall deposit an amount equal to such fines in the United States Trustee
Fund.'.
SEC. 212. (a) Section 1930(a) of title 28, United States Code, is amended
in paragraph (6) by striking all that follows `whichever occurs first.'
and inserting the following: `The fee shall be $325 for each quarter in
which disbursements total less than $15,000; $650 for each quarter in which
disbursements total $15,000 or more but less than $75,000; $975 for each
quarter in which disbursements total $75,000 or more but less than $150,000;
$1,625 for each quarter in which disbursements total $150,000 or more but
less than $225,000; $1,950 for each quarter in which disbursements total
$225,000 or more but less than $300,000; $4,875 for each quarter in which
disbursements total $300,000 or more but less than $1,000,000; $6,500 for
each quarter in which disbursements total $1,000,000 or more but less than
$2,000,000; $9,750 for each quarter in which disbursements total $2,000,000
or more but less than $3,000,000; $10,400 for each quarter in which disbursements
total $3,000,000 or more but less than $5,000,000; $13,000 for each quarter
in which disbursements total $5,000,000 or more but less than $15,000,000;
$20,000 for each quarter in which disbursements total $15,000,000 or more
but less than $30,000,000; and $30,000 for each quarter in which disbursements
total more than $30,000,000. The fee shall be payable on the last day of
the calendar month following the calendar quarter for which the fee is owed'.
(b) This section and the amendment made by this section shall take effect
January 1, 2008, or the date of the enactment of this Act, whichever is
later.
SEC. 213. None of the funds appropriated by this Act may be used to plan
for, begin, continue, finish, process, or approve a public-private competition
under the Office of Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work performed by employees
of the Bureau of Prisons or of Federal Prison Industries, Incorporated.
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 for `OFFICE ON VIOLENCE AGAINST
WOMEN--VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS' (consisting
of an additional $6,000,000 for grants 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, of the Violence Against
Women and Department of Justice Reauthorization Act of 2005), by $14,000,000.
TITLE III--SCIENCE
Office of Science and Technology Policy
For necessary expenses of the Office of Science and Technology Policy, in
carrying out the purposes of the National Science and Technology Policy,
Organization, and Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of
passenger motor vehicles, and services as authorized by 5 U.S.C. 3109, not
to exceed $2,500 for official reception and representation expenses, and
rental of conference rooms in the District of Columbia, $5,515,000.
National Aeronautics and Space Administration
SCIENCE
For necessary expenses, not otherwise provided for, in the conduct and support
of science research and development activities, including research, development,
operations, support, and services; maintenance; construction of facilities
including repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities, facility
planning and design, and restoration, and acquisition or condemnation of
real property, as authorized by law; environmental compliance and restoration;
space flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor vehicles; not
to exceed $14,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and administrative
aircraft, $5,696,100,000, of which not less than $278,000,000 shall be for
the Hubble Space Telescope, not less than $545,000,000 shall be for the
James Webb Space Telescope, not less than $90,000,000 shall be for the Global
Precipitation Measurement mission, not less than $625,700,000 shall be for
the Mars Exploration Program, and not less than $71,600,000 shall be for
the Space Interferometry Mission, to remain available until September 30,
2009.
AERONAUTICS
For necessary expenses, not otherwise provided for, in the conduct and support
of aeronautics research and development activities, including research,
development, operations, support, and services; maintenance; construction
of facilities including repair, rehabilitation, revitalization, and modification
of facilities, construction of new facilities and additions to existing
facilities, facility planning and design, and restoration, and acquisition
or condemnation of real property, as authorized by law; environmental compliance
and restoration; space flight, spacecraft control, and communications activities;
program management; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor vehicles; not
to exceed $14,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and administrative
aircraft, $700,000,000 to remain available until September 30, 2009.
EXPLORATION
For necessary expenses, not otherwise provided for, in the conduct and support
of exploration research and development activities, including research,
development, operations, support, and services; maintenance; construction
of facilities including repair, rehabilitation, revitalization, and modification
of facilities, construction of new facilities and additions to existing
facilities, facility planning and design, and restoration, and acquisition
or condemnation of real property, as authorized by law; environmental compliance
and restoration; space flight, spacecraft control, and communications activities;
program management, personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor vehicles; not
to exceed $14,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance, and operation of mission and administrative
aircraft, $3,923,800,000, to remain available until September 30, 2009:
Provided, That none of the funds under this heading shall be used
for any research, development, or demonstration activities related exclusively
to the human exploration of Mars.
EDUCATION
For necessary expenses, not otherwise provided for, in carrying out aerospace
and aeronautical education, including personnel and related costs, uniforms
or allowances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $4,000 for official reception and representation
expenses; and purchase, lease, charter, maintenance, and operation of mission
and administrative aircraft, $220,300,000 to remain available until September
30, 2009.
CROSS-AGENCY SUPPORT PROGRAMS
For necessary expenses, not otherwise provided for, in the conduct and support
of science, aeronautics and exploration research and development activities,
including research, development, operations, support, and services; maintenance;
construction of facilities including repair, rehabilitation, revitalization,
and modification of facilities, construction of new facilities and additions
to existing facilities, facility planning and design, and restoration, and
acquisition or condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control, and communications
activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; travel expenses; purchase and hire of passenger motor
vehicles; not to exceed $10,000 for official reception and representation
expenses; and purchase, lease, charter, maintenance, and operation of mission
and administrative aircraft, $356,000,000, to remain available until September
30, 2009.
SPACE OPERATIONS
For necessary expenses, not otherwise provided for, in the conduct and support
of space operations research and development activities, including research,
development, operations, support, and services; maintenance; construction
of facilities including repair, rehabilitation, revitalization, and modification
of facilities, construction of new facilities and additions to existing
facilities, facility planning and design, and restoration, and acquisition
or condemnation of real property, as authorized by law; environmental compliance
and restoration; space flight, spacecraft control, and communications activities
including operations, production, and services; program management; personnel
and related costs, including uniforms or allowances therefor, as authorized
by sections 5901 and 5902 of title 5, United States Code; travel expenses;
purchase and hire of passenger motor vehicles; not to exceed $14,000 for
official reception and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft, $6,691,700,000
to remain available until September 30, 2009.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in carrying out
the Inspector General Act of 1978, $34,600,000, to remain available until
September 30, 2009.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Notwithstanding the limitation on the duration of availability of funds
appropriated for `Science', `Aeronautics', `Exploration', `Cross-Agency
Support Programs', or `Space Operations' under this title, when any activity
has been initiated by the incurrence of obligations for construction of
facilities or environmental compliance and restoration activities as authorized
by law, such amount available for such activity shall remain available until
expended. This provision does not apply to the amounts appropriated for
institutional minor revitalization and minor construction of facilities,
and institutional facility planning and design.
Funds for announced prizes otherwise authorized shall remain available,
without fiscal year limitation, until the prize is claimed or the offer
is withdrawn. Funding shall not be made available for Centennial Challenges
unless authorized.
Funding made available under the headings `Science', `Aeronautics', `Exploration',
`Education', `Cross-Agency Support Programs', and `Space Operations' for
the National Aeronautics and Space Administration shall be governed by the
terms and conditions specified in the report accompanying this Act.
The unexpired balances of prior appropriations to the National Aeronautics
and Space Administration for activities for which funds are provided under
this Act may be transferred to the new accounts established for the appropriation
that provides such activity under this Act. Balances so transferred may
be merged with funds in the newly established accounts and thereafter may
be accounted for as one fund under the same terms and conditions.
Not to exceed 5 percent of any appropriation made available for the current
fiscal year for the National Aeronautics and Space Administration in this
Act may be transferred between such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased by more than
10 percent by any such transfers. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation except in compliance with the
procedures set forth in that section.
Notwithstanding any other provision of law, no funds shall be used to implement
any Reduction in Force or other involuntary separations (except for cause)
by the National Aeronautics and Space Administration prior to September
30, 2008.
The Administrator of the National Aeronautics and Space Administration shall
prepare a strategy for minimizing job losses when the National Aeronautics
and Space Administration transitions from the Space Shuttle to a successor
human-rated space transport vehicle. This strategy shall include: (1) specific
initiatives that the National Aeronautics and Space Administration has undertaken,
or plans to undertake, to maximize the utilization of existing civil service
and contractor workforces at each of the affected Centers; (2) efforts to
equitably distribute tasks and workload between the Centers to mitigate
the brunt of job losses being borne by only certain Centers; (3) new workload,
tasks, initiatives, and missions being secured for the affected Centers;
and (4) overall projections of future civil service and contractor workforce
levels at the affected Centers. The Administrator shall transmit this strategy
to Congress not later than 90 days after the date of enactment of this Act.
The Administrator shall update and transmit to Congress this strategy not
less than every six months thereafter until the successor human-rated space
transport vehicle is fully operational.
National Science Foundation
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science Foundation Act
of 1950 (42 U.S.C. 1861-1875), and Public Law 86-209, relating to the National
Medal of Science (42 U.S.C. 1880-1881); services as authorized by 5 U.S.C.
3109; maintenance and operation of aircraft and purchase of flight services
for research support; acquisition of aircraft; and authorized travel; $5,139,690,000,
to remain available until September 30, 2009, of which not to exceed $510,000,000
shall remain available until expended for polar research and operations
support, and for reimbursement to other Federal agencies for operational
and science support and logistical and other related activities for the
United States Antarctic program: Provided, That receipts for scientific
support services and materials furnished by the National Research Centers
and other National Science Foundation supported research facilities may
be credited to this appropriation.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction, commissioning,
and upgrading of major research equipment, facilities, and other such capital
assets pursuant to the National Science Foundation Act of 1950 (42 U.S.C.
1861-1875), including authorized travel, $244,740,000, to remain available
until expended.
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science and engineering education
and human resources programs and activities pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861-1875), including services as authorized
by 5 U.S.C. 3109, authorized travel, and rental of conference rooms in the
District of Columbia, $822,600,000, to remain available until September
30, 2009.
AGENCY OPERATIONS AND AWARD MANAGEMENT
For agency operations and award management necessary in carrying out the
National Science Foundation Act of 1950 (42 U.S.C. 1861-1875); services
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; not to exceed
$9,000 for official reception and representation expenses; uniforms or allowances
therefor, as authorized by 5 U.S.C. 5901-5902; rental of conference rooms
in the District of Columbia; and reimbursement of the General Services Administration
for security guard services; $285,590,000 (reduced by $10,000,000): Provided,
That contracts may be entered into under this heading in fiscal year 2008
for maintenance and operation of facilities, and for other services, to
be provided during the next fiscal year.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries, authorized travel,
hire of passenger motor vehicles, the rental of conference rooms in the
District of Columbia, and the employment of experts and consultants under
section 3109 of title 5, United States Code) involved in carrying out section
4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public
Law 86-209 (42 U.S.C. 1880-1881), $4,030,000, to remain available until
September 30, 2009: Provided, That not more than $9,000 shall be
available for official reception and representation expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General as authorized
by the Inspector General Act of 1978, $12,350,000, to remain available until
September 30, 2009.
TITLE IV--RELATED AGENCIES
Commission on Civil Rights
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights, including hire
of passenger motor vehicles, $9,000,000: Provided, That none of
the funds appropriated in this paragraph shall be used to employ in excess
of four full-time individuals under Schedule C of the Excepted Service exclusive
of one special assistant for each Commissioner: Provided further,
That none of the funds appropriated in this paragraph shall be used to reimburse
Commissioners for more than 75 billable days, with the exception of the
chairperson, who is permitted 125 billable days.
Equal Employment Opportunity Commission
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity Commission as
authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination
in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991, including services
as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as authorized
by 31 U.S.C. 1343(b); nonmonetary awards to private citizens; and not to
exceed $28,000,000 for payments to State and local enforcement agencies
for authorized services to the Commission, $332,748,000: Provided,
That the Commission is authorized to make available for official reception
and representation expenses not to exceed $2,500 from available funds: Provided
further, That no funds made available under this heading may be used
to outsource operations of the National Contact Center.
International Trade Commission
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission, including
hire of passenger motor vehicles, and services as authorized by 5 U.S.C.
3109, and not to exceed $2,500 for official reception and representation
expenses, $68,400,000, to remain available until expended.
Legal Services Corporation
PAYMENT TO THE LEGAL SERVICES CORPORATION
For payment to the Legal Services Corporation to carry out the purposes
of the Legal Services Corporation Act of 1974, $377,000,000, of which $355,134,000
is for basic field programs and required independent audits; $3,041,000
is for the Office of Inspector General, of which such amounts as may be
necessary may be used to conduct additional audits of recipients; $13,825,000
is for management and administration; $4,000,000 is for client self-help
and information technology; and $1,000,000 is for loan repayment assistance.
ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services Corporation
shall be expended for any purpose prohibited or limited by, or contrary
to any of the provisions of, sections 501 through 506 of Public Law 105-119,
and all funds appropriated in this Act to the Legal Services Corporation
shall be subject to the same terms and conditions set forth in such sections,
except that all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2007 and 2008, respectively.
Marine Mammal Commission
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission as authorized by
title II of Public Law 92-522, $3,000,000.
National Veterans Business Development Corporation
SALARIES AND EXPENSES
For necessary expenses of the National Veterans Business Development Corporation
established under section 33 of the Small Business Act (15 U.S.C. 657c),
$2,500,000, to remain available until expended.
Office of the United States Trade Representative
SALARIES AND EXPENSES
For necessary expenses of the Office of the United States Trade Representative,
including the hire of passenger motor vehicles and the employment of experts
and consultants as authorized by 5 U.S.C. 3109, $48,407,000, of which $1,000,000
shall remain available until expended: Provided, That not to exceed
$124,000 shall be available for official reception and representation expenses:
Provided further, That negotiations of the United States at the
World Trade Organization shall be conducted consistent with the trade negotiating
objectives of the United States contained in section 2102 of the Bipartisan
Trade Promotion Authority Act of 2002 (19 U.S.C. 3802).
State Justice Institute
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as authorized by
the State Justice Institute Authorization Act of 1984 (42 U.S.C. 10701 et
seq.), $4,640,000: Provided, That not to exceed $2,500 shall be
available for official reception and representation expenses.
TITLE V--GENERAL PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 501. No part of any appropriation contained in this Act shall be used
for publicity or propaganda purposes not authorized by the Congress.
SEC. 502. No part of any appropriation contained in this Act shall remain
available for obligation beyond the current fiscal year unless expressly
so provided herein.
SEC. 503. The expenditure of any appropriation under this Act for any consulting
service through procurement contract, pursuant to 5 U.S.C. 3109, shall be
limited to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
SEC. 504. If any provision of this Act or the application of such provision
to any person or circumstances shall be held invalid, the remainder of the
Act and the application of each provision to persons or circumstances other
than those as to which it is held invalid shall not be affected thereby.
SEC. 505. (a) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that remain
available for obligation or expenditure in fiscal year 2008, or provided
from any accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available
for obligation or expenditure through a reprogramming of funds that: (1)
creates new programs; (2) eliminates a program, project, or activity; (3)
increases funds or personnel by any means for any project or activity for
which funds have been denied or restricted; (4) relocates an office or employees;
(5) reorganizes offices, programs or activities; or (6) contracts out or
privatizes any functions or activities presently performed by Federal employees;
unless the Committee on Appropriations is notified 15 days in advance of
such reprogramming of funds.
(b) None of the funds provided under this Act, or provided under previous
appropriations Acts to the agencies funded by this Act that remain available
for obligation or expenditure in fiscal year 2008, or provided from any
accounts in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available
for obligation or expenditure for activities, programs, or projects through
a reprogramming of funds in excess of $500,000 or 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 Committee on Appropriations
is notified 15 days in advance of such reprogramming of funds.
SEC. 506. Hereafter, none of the funds made available in this Act may be
used to implement, administer, or enforce any guidelines of the Equal Employment
Opportunity Commission covering harassment based on religion, when it is
made known to the Federal entity or official to which such funds are made
available that such guidelines do not differ in any respect from the proposed
guidelines published by the Commission on October 1, 1993 (58 Fed. Reg.
51266).
SEC. 507. If it has been finally determined by a court or Federal agency
that any person intentionally affixed a label bearing a `Made in America'
inscription, or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United States,
the person shall be ineligible to receive any contract or subcontract made
with funds made available in this Act, pursuant to the debarment, suspension,
and ineligibility procedures described in sections 9.400 through 9.409 of
title 48, Code of Federal Regulations.
SEC. 508. The Departments of Commerce and Justice, the National Science
Foundation, and the National Aeronautics and Space Administration, shall
provide to the Committee on Appropriations a quarterly accounting of the
cumulative balances of any unobligated funds that were received by such
agency during any previous fiscal year.
SEC. 509. Any costs incurred by a department or agency funded under this
Act resulting from personnel actions taken in response to funding reductions
included in this Act shall be absorbed within the total budgetary resources
available to such department or agency: Provided, That the authority
to transfer funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included elsewhere
in this Act: Provided further, That use of funds to carry out this
section shall be treated as a reprogramming of funds under section 505 of
this Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
SEC. 510. None of the funds provided by this Act shall be available to promote
the sale or export of tobacco or tobacco products, or to seek the reduction
or removal by any foreign country of restrictions on the marketing of tobacco
or tobacco products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
SEC. 511. None of the funds appropriated pursuant to this Act or any other
provision of law may be used for--
(1) the implementation of any tax or fee in connection with the implementation
of section 922(t) of title 18, United States Code; and
(2) any system to implement section 922(t) of title 18, United States
Code, that does not require and result in the destruction of any identifying
information submitted by or on behalf of any person who has been determined
not to be prohibited from possessing or receiving a firearm no more than
24 hours after the system advises a Federal firearms licensee that possession
or receipt of a firearm by the prospective transferee would not violate
subsection (g) or (n) of section 922 of title 18, United States Code,
or State law.
SEC. 512. None of the funds made available in this Act may be used to pay
the salaries and expenses of personnel of the Department of Justice to obligate
more than $635,000,000 during fiscal year 2008 from the fund established
by section 1402 of chapter XIV of title II of Public Law 98-473 (42 U.S.C.
10601), and the amount otherwise provided under this Act for Department
of Commerce, Departmental Management, Salaries and Expenses is reduced by
$10,000,000.
SEC. 513. None of the funds made available to the Department of Justice
in this Act may be used to discriminate against or denigrate the religious
or moral beliefs of students who participate in programs for which financial
assistance is provided from those funds, or of the parents or legal guardians
of such students.
SEC. 514. None of the funds made available in this Act may be transferred
to any department, agency, or instrumentality of the United States Government,
except pursuant to a transfer made by, or transfer authority provided in,
this Act or any other appropriations Act.
SEC. 515. Any funds provided in this Act used to implement E-Government
Initiatives shall be subject to the procedures set forth in section 505
of this Act.
SEC. 516. (a) Tracing studies conducted by the Bureau of Alcohol, Tobacco,
Firearms and Explosives are released without adequate disclaimers regarding
the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall include
in all such data releases, language similar to the following that would
make clear that trace data cannot be used to draw broad conclusions about
firearms-related crime:
(1) Firearm traces are designed to assist law enforcement authorities
in conducting investigations by tracking the sale and possession of specific
firearms. Law enforcement agencies may request firearms traces for any
reason, and those reasons are not necessarily reported to the Federal
Government. Not all firearms used in crime are traced and not all firearms
traced are used in crime.
(2) Firearms selected for tracing are not chosen for purposes of determining
which types, makes, or models of firearms are used for illicit purposes.
The firearms selected do not constitute a random sample and should not
be considered representative of the larger universe of all firearms used
by criminals, or any subset of that universe. Firearms are normally traced
to the first retail seller, and sources reported for firearms traced do
not necessarily represent the sources or methods by which firearms in
general are acquired for use in crime.
SEC. 517. None of the funds appropriated or otherwise made available under
this Act may be used to issue patents on claims directed to or encompassing
a human organism.
SEC. 518. None of the funds made available in this Act shall be used in
any way whatsoever to support or justify the use of torture by any official
or contract employee of the United States Government.
SEC. 519. (a) Notwithstanding any other provision of law or treaty, none
of the funds appropriated or otherwise made available under this Act or
any other Act may be expended or obligated by a department, agency, or instrumentality
of the United States to pay administrative expenses or to compensate an
officer or