[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1745 Placed on Calendar Senate (PCS)]

                                                       Calendar No. 259
110th CONGRESS
  1st Session
                                S. 1745

                          [Report No. 110-124]

  Making appropriations for the Departments of Commerce and Justice, 
science, and related agencies for the fiscal year ending September 30, 
                     2008, and for other purposes.


Rule___________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2007

   Ms. Mikulski, from the Committee on Appropriations, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
  Making appropriations for the Departments of Commerce and Justice, 
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

                   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, $425,431,000, 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; $44,960,000 shall 
be for Market Access and Compliance; $66,601,000 shall be for the 
Import Administration; $229,702,000 shall be for the United States and 
Foreign Commercial Service; and $26,604,000 shall be for Executive 
Direction and Administration: Provided further, That the provisions of 
the first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities without 
regard to section 5412 of the Omnibus Trade and Competitiveness Act of 
1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
contributions under the provisions of the Mutual Educational and 
Cultural Exchange Act of 1961 shall include payment for assessments for 
services provided as part of these activities: Provided further, That 
the International Trade Administration shall be exempt from the 
requirements of Circular A-25 (or any successor administrative 
regulation or policy) issued by the Office of Management and Budget: 
Provided further, That negotiations shall be conducted within the World 
Trade Organization to recognize the right of members to distribute 
monies collected from antidumping and countervailing duties: Provided 
further, That negotiations shall be conducted within the World Trade 
Organization consistent with the negotiating objectives contained in 
the Trade Act of 2002, Public Law 107-210.

                    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 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, $250,000,000, 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, $30,200,000.

                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, 
$85,000,000, 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, 
$226,238,000.

                     periodic censuses and programs

    For expenses to collect and publish statistics for periodic 
censuses and programs provided for by law, $1,020,406,000, to remain 
available until September 30, 2009.

       National Telecommunications and Information Administration

                         salaries and expenses

    For necessary expenses, as provided for by law, of the National 
Telecommunications and Information Administration (NTIA), $18,581,000, 
to remain available until September 30, 2009: Provided, That, 
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall 
charge Federal agencies for costs incurred in spectrum management, 
analysis, and operations, and related services and such fees shall be 
retained and used as offsetting collections for costs of such spectrum 
services, to remain available until expended: Provided further, That 
the Secretary of Commerce is authorized to retain and use as offsetting 
collections all funds transferred, or previously transferred, from 
other Government agencies for all costs incurred in telecommunications 
research, engineering, and related activities by the Institute for 
Telecommunication Sciences of NTIA, in furtherance of its assigned 
functions under this paragraph, and such funds received from other 
Government agencies shall remain available until expended.

    public telecommunications facilities, planning and construction

    For the administration of grants authorized by section 392 of the 
Communications Act of 1934, $20,000,000, to remain available until 
expended: Provided, That not to exceed $2,000,000 shall be available 
for program administration as authorized by section 391 of the Act: 
Provided further, That, notwithstanding the provisions of section 391 
of the Act, the prior year unobligated balances may be made available 
for grants for projects for which applications have been submitted and 
approved during any fiscal year.

                    technology opportunities program

    For grants authorized by sections 391 and 392 of the Communications 
Act of 1934, as amended, $10,000,000, to remain available until 
expended: Provided, That funds provided under this heading shall be for 
competitive grants for the construction of broadband services.

               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 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 any amount received in excess of $1,915,500,000 in fiscal 
year 2008, in an amount up to $100,000,000, shall remain available 
until expended: Provided further, That not less than 1,020 full-time 
equivalents, 1,082 positions and $214,150,000 shall be for the 
examination of trademark applications; and not less than 8,522 full-
time equivalents, 9,000 positions and $1,701,402,000 shall be for the 
examination and searching of patent applications: Provided further, 
That not less than $18,000,000 shall be for training of personnel: 
Provided further, That any deviation from the full-time equivalent, 
position, and funding designations set forth in the preceding provisos 
shall be subject to the procedures set forth in section 505 of this 
Act: Provided further, That from amounts provided herein, not to exceed 
$5,000 shall be made available in fiscal year 2008 for official 
reception and representation expenses: Provided further, That 
notwithstanding section 1353 of title 31, United States Code, no 
employee of the United States Patent and Trademark Office may accept 
payment or reimbursement from a non-Federal entity for travel, 
subsistence, or related expenses for the purpose of enabling an 
employee to attend and participate in a convention, conference, or 
meeting when the entity offering payment or reimbursement is a person 
or corporation subject to regulation by the Office, or represents a 
person or corporation subject to regulation by the Office, unless the 
person or corporation is an organization exempt from taxation pursuant 
to section 501(c)(3) of the Internal Revenue Code of 1986: Provided 
further, That in fiscal year 2008, from the amounts made available for 
``Salaries and Expenses'' for the United States Patent and Trademark 
Office (PTO), the amounts necessary to pay: (1) the difference between 
the percentage of basic pay contributed by the PTO and employees under 
section 8334(a) of title 5, United States Code, and the normal cost 
percentage (as defined by section 8331(17) of that title) of basic pay, 
of employees subject to subchapter III of chapter 83 of that title; and 
(2) the present value of the otherwise unfunded accruing costs, as 
determined by the Office of Personnel Management, of post-retirement 
life insurance and post-retirement health benefits coverage for all PTO 
employees, shall be transferred to the Civil Service Retirement and 
Disability Fund, the Employees Life Insurance Fund, and the Employees 
Health Benefits Fund, as appropriate, and shall be available for the 
authorized purposes of those accounts: Provided further, That sections 
801, 802, and 803 of Division B, Public Law 108-447 shall remain in 
effect during fiscal year 2008: Provided further, That the Director may 
reduce patent filing fees payable in 2008 for documents filed 
electronically consistent with Federal regulation.

             National Institute of Standards and Technology

             scientific and technical research and services

    For necessary expenses of the National Institute of Standards and 
Technology, $502,117,000, to remain available until expended, of which 
not to exceed $12,500,000 may be transferred to the ``Working Capital 
Fund'': Provided, That not to exceed $7,500 shall be for official 
reception and representation expenses.

                     industrial technology services

    For necessary expenses of the Hollings Manufacturing Extension 
Partnership of the National Institute of Standards and Technology, 
$110,000,000, to remain available until expended.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$100,000,000, to remain available until expended, of which not to 
exceed $1,500,000 shall be for Institutional Support: Provided, That no 
single applicant awards shall be made to companies with revenues 
greater than $1,000,000,000: Provided further, That funds shall not 
support Standards Development pursuant to 15 U.S.C. 278n(h).

                  construction of research facilities

    For construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities, including agency recreational and 
welfare facilities, not otherwise provided for the National Institute 
of Standards and Technology, as authorized by 15 U.S.C. 278c-278e, 
$150,900,000, to remain available until expended: Provided, That the 
Secretary of Commerce shall include in the budget justification 
materials that the Secretary submits to Congress in support of the 
Department of Commerce budget (as submitted with the budget of the 
President under section 1105(a) of title 31, United States Code) an 
estimate for each National Institute of Standards and Technology 
construction project having a total multi-year program cost of more 
than $5,000,000 and simultaneously the budget justification materials 
shall include an estimate of the budgetary requirements for each such 
project for each of the five subsequent fiscal years: Provided further, 
That notwithstanding any other provision of law, of the amount made 
available for construction of research facilities, $8,000,000 shall be 
for the University of Mississippi Medical Center Biotechnology Research 
Park; $8,000,000 shall be for the Mississippi State University 
Research, Technology and Economic Development Park; $2,000,000 shall be 
for the University of Southern Mississippi Innovation and 
Commercialization Park Infrastructure and Building Construction and 
Equipage; $5,000,000 shall be for the Alabama State University Life 
Sciences Building; and $30,000,000 shall be for laboratory and research 
space at the University of South Alabama Engineering and Science 
Center.

            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, $3,036,888,000, to remain available until 
September 30, 2008, except for funds provided for cooperative 
enforcement, which shall remain available until September 30, 2009: 
Provided, That fees and donations received by the National Ocean 
Service for the management of national marine sanctuaries may be 
retained and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302: Provided further, That 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 $3,121,888,000 provided for in direct 
obligations under this heading $3,036,888,000 is appropriated from the 
general fund, $80,000,000 is provided by transfer, and $5,000,000 is 
derived from recoveries of prior year obligations: Provided further, 
That of the funds provided under this heading, $250,000 is made 
available until expended subject to procedures set forth in section 209 
of Public Law 108-447: Provided further, That no general administrative 
charge shall be applied against an assigned activity included in this 
Act or the report accompanying this Act: Provided further, That the 
total amount available for the National Oceanic and Atmospheric 
Administration corporate services administrative support costs shall 
not exceed $209,179,000: Provided further, That payments of funds made 
available under this heading to the Department of Commerce Working 
Capital Fund including Department of Commerce General Counsel legal 
services shall not exceed $34,425,000: Provided further, That any 
deviation from the amounts designated for specific activities in the 
report accompanying this Act, or any use of deobligated balances of 
funds provided under this heading in previous years, shall be subject 
to the procedures set forth in section 505 of this Act: Provided 
further, That grants to States pursuant to sections 306 and 306A of the 
Coastal Zone Management Act of 1972, as amended, shall not exceed 
$2,000,000, unless funds provided for ``Coastal Zone Management 
Grants'' exceed funds provided in the previous fiscal year: Provided 
further, That if funds provided for ``Coastal Zone Management Grants'' 
exceed funds provided in the previous fiscal year, then no State shall 
receive more than 5 percent or less than 1 percent of the additional 
funds: Provided further, That for fiscal year 2008 and hereafter the 
Administrator of the National Oceanic and Atmospheric Administration 
may engage in formal and informal education activities, including 
primary and secondary education, related to the agency's mission goals: 
Provided further, That in accordance with section 215 of Public Law 
107-372 the number of officers in the NOAA Commissioned Officer Corps 
shall increase to 321: Provided further, That for fiscal year 2009 and 
hereafter the National Oceanic and Atmospheric Administration shall 
submit its budget request to Congress concurrently with its submission 
to the Office of Management and Budget: Provided further, That of the 
funds provided, $15,000,000 is provided for the alleviation of economic 
impacts associated Framework 42 on the Massachusetts groundfish 
fishery.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.

               procurement, acquisition and construction

    For procurement, acquisition and construction of capital assets, 
including alteration and modification costs, of the National Oceanic 
and Atmospheric Administration, $1,089,000,000, to remain available 
until September 30, 2009, 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, $90,000,000.

                      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 of 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, $53,193,000.

                   hchb renovation and modernization

    For expenses necessary for the renovation and modernization of the 
Herbert C. Hoover Building, $5,100,000, 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.

               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 law 
(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 Senate 
Committee on Appropriations at least 15 days in advance of the 
acquisition or disposal of any capital asset (including land, 
structures, and equipment) not specifically provided for in this or any 
other Departments of Commerce, Justice, Science, and Related Agencies 
Appropriations Act: Provided further, That for the National Oceanic and 
Atmospheric Administration this section shall provide for transfers 
among appropriations made only to the National Oceanic and Atmospheric 
Administration and such appropriations may not be transferred and 
reprogrammed to other Department of Commerce bureaus and appropriation 
accounts.
    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. Extension of Guarantee Authority. (a) In General.--
Section 101(k) of the Emergency Steel Loan Guarantee Act of 1999 (15 
U.S.C. 1841 note) is amended by striking ``2007'' and inserting 
``2009''.
    (b) Conforming Amendments.--Paragraphs (1) and (2) of section 
101(b) of the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 
1841 note) are each amended by striking ``in 1998'' and inserting 
``since 1998''.
    (c) Definition of Qualified Steel Company.--Subparagraph (C) of 
section 101(c)(3) of the Emergency Steel Loan Guarantee Act of 1999 (15 
U.S.C. 1841 note) is amended by striking ``, in 1998'' and inserting 
``in 1998, and thereafter,''.
    (d) Salaries and Administrative Expenses.--The Emergency Steel Loan 
Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by adding at the 
end the following:

``SEC. 103. SALARIES AND ADMINISTRATIVE EXPENSES.

    ``(a) In addition to funds made available under section 101(j) of 
the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note), 
up to $1,000,000 in funds made available under section 101(f) of such 
Act may be used for salaries and administrative expenses to administer 
the Emergency Steel Loan Guarantee Program.
    ``(b) Funds made available for salaries and administrative expenses 
to administer the Emergency Steel Loan Guarantee Program shall remain 
available until expended.''.
    Sec. 106. Notwithstanding any other provision of law, no funds 
appropriated under this Act shall be used to register, issue, transfer, 
or enforce any trademark of the phrase ``Last Best Place''.
    Sec. 107. Section 3315(b) of title 19, United States Code, is 
amended by inserting ``, including food when sequestered,'' following 
``for the establishment and operations of the United States Section and 
for the payment of the United States share of the expenses''.
    Sec. 108. Notwithstanding the requirements of subsection 4703(d), 
the personnel management demonstration project established by the 
Department of Commerce pursuant to 5 U.S.C. 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 (Public Law 96-480), as amended, is amended by:
            (1) deleting section 5;
            (2) deleting paragraphs (1) and (3) of section 4; and
            (3) redesignating paragraphs (2) and (4) through (13) as 
        paragraphs (1) through (11).
    (b) Section 212(b) of the National Technical Information Act of 
1988 (Public Law 100-519), as amended, is amended by striking ``Under 
Secretary of Commerce for Technology'' and inserting ``Director of the 
National Institute of Standards and Technology''.
    Sec. 110. The Secretary of Commerce is permitted to prescribe and 
enforce standards or regulations affecting safety and health in the 
context of scientific and occupational diving within the National 
Oceanic and Atmospheric Administration.
    Sec. 111. NOAA Pacific Regional Center. (a) In General.--The 
National Oceanic and Atmospheric Administration (NOAA) is authorized to 
engage in planning, design, acquisition, renovation, construction and 
related activities to complete NOAA's Pacific Regional Center on Ford 
Island, Hawaii, consisting of the following: adaptive re-use and 
renovation of hangars 175 and 176, and construction of a new 
interconnecting building and other related structures. Funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 2007 for purposes of completing the Center.
    (b) Incremental Funding.--Of the funds appropriated elsewhere in 
this Act, $20,250,000 are available for obligation and expenditure as 
an additional increment to funds previously appropriated for the NOAA 
Pacific Regional Center. These funds may be expended incrementally 
through multiple year contracts for design, construction and related 
activities for the Center; and remain available until expended.
    Sec. 112. Papahanaumokuakea Fishery Reduction. (a) In General.--The 
Papahanaumokuakea Marine National Monument was created by Presidential 
proclamation on June 15, 2006 to protect more than 7,000 marine and 
terrestrial species including protection for the habitat for the 
endangered Hawaiian monk seal, threatened Hawaiian green sea turtle and 
other marine species. The Presidential proclamation will phase out all 
commercial fishing by June 15, 2011. The Secretary of Commerce is 
authorized to conduct a voluntary capacity reduction program to remove 
all commercial fishing capacity in the area prior to that date.
    (b) Regulations.--The Secretary shall promulgate regulations for 
the voluntary capacity reduction program that:
            (1) identifies eligible participants as those individuals 
        engaged in commercial fishing in the designated waters within 
        the Papahanaumokuakea Marine National Monument pursuant to a 
        valid commercial Federal fishing permit in the 2006 fishing 
        season;
            (2) provides a mechanism to compensate eligible 
        participants for no more than the economic value of their 
        permits, their vessels or vessel endorsements, and fishing 
        gear;
            (3) ensures that commercial fishing vessels of eligible 
        participants cannot be used in fishing anywhere in the world;
            (4) for the commercial fishing vessels of eligible 
        participants, ensures
                    (A) that documentation be provided showing that 
                such vessel has been scrapped or scuttled or,
                    (B) that the Secretary of the department in which 
                the Coast Guard is operating places a title restriction 
                on the fishing vessel permanently prohibiting and 
                effectively preventing its use in fishing, and
                    (C) that the vessel must remain in Federal 
                documentation and that the Maritime Administration will 
                prohibit the reflagging of the vessel.
    (c) Authorization.--There is authorized no more than $7,500,000 and 
there is appropriated $7,500,000 of the amount provided in this Act for 
National Oceanic and Atmospheric Administration's ``Operations, 
research, and facilities'' to implement this program.
    (d) Clarification.--Nothing in this section is intended to enlarge 
or diminish Federal or State title, jurisdiction, or authority with 
respect to the waters of the Northwestern Hawaiian Islands or the tidal 
or submerged lands under any provision of State or Federal law.
    Sec. 113. NIST Building 1 Extension. Of the funds appropriated 
elsewhere in this Act, $28,000,000 are available for obligation and 
expenditure as an additional increment to funds previously appropriated 
for this project. These funds may be expended incrementally through 
multiple year contracts for design, construction and related activities 
for the Building 1 Extension; and remain available until expended.
    This title may be cited as the ``Department of Commerce 
Appropriations Act, 2008''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

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

                 justice information sharing technology

    For necessary expenses for information sharing technology, 
including planning, development, deployment and Departmental direction, 
$95,795,000, to remain available until expended: Provided, That, of the 
funds available, up to $21,000,000 is for the unified financial 
management system to be administered by the Unified Financial 
Management System Executive Council.

            tactical law enforcement wireless communications

    For the costs of conversion to narrowband communications, including 
the cost for operation and maintenance of Land Mobile Radio legacy 
systems, $76,353,000, to remain available until September 30, 2009: 
Provided, That the Attorney General shall transfer to this account all 
funds made available to the Department of Justice for the purchase of 
portable and mobile radios: Provided further, That any transfer made 
under the preceding proviso shall be subject to section 505 of this 
Act: Provided further, That the Attorney General shall transfer to the 
``Narrowband Communications/Integrated Wireless Network'' account all 
funds made available in this Act to the Department of Justice for the 
purchase of portable and mobile radios and related infrastructure and 
any transfer made under this section shall be subject to section 505 of 
this Act.

                   administrative review and appeals

    For expenses necessary for the administration of pardon and 
clemency petitions and immigration-related activities, $251,499,000, of 
which $4,000,000 shall be derived by transfer from the Executive Office 
for Immigration Review fees deposited in the ``Immigration Examinations 
Fee'' account: Provided, That $4,000,000 shall be expended on the 
Executive Office for Immigration Review's Legal Orientation Programs.

                           detention trustee

    For necessary expenses of the Federal Detention Trustee, 
$1,265,872,000: Provided, That the Trustee shall be responsible for 
managing the Justice Prisoner and Alien Transportation System and for 
overseeing housing related to such detention: Provided further, That 
any unobligated balances available in prior years from the funds 
appropriated under the heading ``Federal Prisoner Detention'' shall be 
transferred to and merged with the appropriation under the heading 
``Detention Trustee'' and shall be available until expended: Provided 
further, That funds not to exceed $5,000,000 shall be considered 
``funds appropriated for State and local law enforcement assistance'' 
pursuant to 18 U.S.C. 4013(b).

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$73,700,000, 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

                        general legal activities

                         salaries and expenses

                     (including transfer of funds)

    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, $753,000,000, of which not to exceed $10,000,000 
is for litigation support contracts and shall remain available until 
expended: Provided, That of the total amount appropriated, not to 
exceed $1,000 shall be available to the United States National Central 
Bureau, INTERPOL, for official reception and representation expenses: 
Provided further, That notwithstanding section 105 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: Provided further, That in addition there is 
hereby appropriated $6,833,000 for reimbursement of expenses of the 
Department of Justice associated with processing cases under the 
National Childhood Vaccine Injury Act of 1986, to be appropriated from 
the Vaccine Injury Compensation Trust Fund.

                           antitrust division

                         salaries and expenses

    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, not to exceed $139,000,000 
of offsetting collections derived from fees collected for premerger 
notification filings under the Hart-Scott-Rodino Antitrust Improvements 
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, 
shall be retained and used for necessary expenses in this 
appropriation, and shall remain available until expended: Provided 
further, That the sum herein appropriated from the general fund shall 
be reduced as such offsetting collections are received during fiscal 
year 2008, so as to result in a final fiscal year 2008 appropriation 
from the general fund estimated at not more than $16,097,000.

                        united states attorneys

                         salaries and expenses

    For necessary expenses of the Offices of the United States 
Attorneys, including inter-governmental and cooperative agreements, 
$1,747,822,000: Provided, That of the total amount appropriated, not to 
exceed $8,000,000 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 Program, as 
authorized, $231,899,000, to remain available until expended and to be 
derived from the United States Trustee System Fund: Provided, That, 
notwithstanding any other provision of law, deposits to the Fund shall 
be available in such amounts as may be necessary to pay refunds due 
depositors: Provided further, That, notwithstanding any other provision 
of law, $184,000,000 of offsetting collections pursuant to 28 U.S.C. 
589a(b) shall be retained and used for necessary expenses in this 
appropriation and shall remain available until expended: Provided 
further, That the sum herein appropriated from the Fund shall be 
reduced as such offsetting collections are received during fiscal year 
2008, so as to result in a final fiscal year 2008 appropriation from 
the Fund estimated at $0.

                  foreign claims settlement commission

                         salaries and expenses

    For expenses necessary to carry out the activities of the Foreign 
Claims Settlement Commission, including services as authorized by 
section 3109 of title 5, United States Code, $1,709,000.

                     United States Marshals Service

                         salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$896,860,000; of which not to exceed $20,000 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: Provided, That not less than $12,397,000 
shall be available for the costs of courthouse security equipment, 
including furnishings, relocations, and telephone systems and cabling, 
and shall remain available until expended.

                              construction

    For construction in space controlled, occupied, or utilized by the 
United States Marshals Service, $8,015,000, 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: Provided, 
That, not to exceed $10,000,000 may be made available for construction 
of buildings for protected witness safesites: Provided further, That 
not to exceed $3,000,000 may be made available for the purchase and 
maintenance of armored and other vehicles for witness security 
caravans: Provided further, That not to exceed $9,000,000 may be made 
available for the purchase, installation, maintenance, and upgrade of 
secure telecommunications equipment and a secure automated information 
network to store and retrieve the identities and locations of protected 
witnesses.

                      community relations service

                         salaries and expenses

    For necessary expenses of the Community Relations Service, 
$10,230,000: Provided, That notwithstanding section 105 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 subparagraphs (B), (F), and (G) of 
section 524(c)(1) of title 28, United States Code, $20,990,000, to be 
derived from the Department of Justice Assets Forfeiture Fund.

                       national security division

                         salaries and expenses

    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 204 of this Act, upon a 
determination by the Attorney General that emergent circumstances 
require additional funding for the activities of the National Security 
Division, the Attorney General may transfer such amounts to this 
heading from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any 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.

                      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 
appropriations under this heading 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, $6,372,250,000; of which not to exceed $150,000,000 shall 
remain available until expended; and of which $2,308,580,000 shall be 
for counterterrorism investigations, foreign counterintelligence, and 
other activities related to 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 for expenses associated with the celebration of the 
100th anniversary of the FBI.

                              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; $206,400,000, to 
remain available until expended: Provided, That $63,700,000 shall be 
available for Sensitive Compartmented Information Facilities (SCIFs).

                    Drug Enforcement Administration

                         salaries and expenses

    For necessary expenses of the Drug Enforcement Administration, 
including not to exceed $70,000,000 to meet unforeseen emergencies of a 
confidential character pursuant to section 530C of title 28, United 
States Code; expenses for conducting drug education and training 
programs, including travel and related expenses for participants in 
such programs and the distribution of items of token value that promote 
the goals of such programs, $1,854,157,000; of which not to exceed 
$75,000,000 shall remain available until expended; and of which not to 
exceed $100,000 shall be available for official reception and 
representation expenses.

          Bureau of Alcohol, Tobacco, Firearms, and Explosives

                         salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives, including not to exceed $50,000 for official reception 
and representation expenses; for training of State and local law 
enforcement agencies with or without reimbursement, including training 
in connection with the training and acquisition of canines for 
explosives and fire accelerants detection; and for provision of 
laboratory assistance to State and local law enforcement agencies, with 
or without reimbursement, $1,013,980,000, of which not to exceed 
$1,000,000 shall be available for the payment of attorneys' fees as 
provided by section 924(d)(2) of title 18, United States Code; and of 
which $10,000,000 shall remain available until expended: Provided, That 
no funds appropriated herein shall be available for salaries or 
administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 178.118 or to change the 
definition of ``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 no funds 
appropriated under this or any other Act with respect to any previous 
fiscal year, fiscal year 2008, and any fiscal year thereafter may be 
used to disclose all or part of any information received or generated 
by the Bureau of Alcohol, Tobacco, Firearms and Explosives in 
connection with any request to trace a firearm, or information required 
to be kept by licensees pursuant to 923(g) of title 18, United States 
Code, or required to be reported pursuant to paragraphs (3) and (7) of 
title 18, United States Code, except--
            (1) to an official of a Federal, State, tribal, local, or 
        foreign law enforcement agency or a Federal, State, or local 
        prosecutor, who certifies that the information is sought solely 
        in connection with and for use in a bona fide criminal 
        investigation or bona fide criminal prosecution, or for 
        national security or intelligence purposes, and will not be 
        used or disclosed for any other purpose;
            (2) for use in an action or proceeding commenced by the 
        Attorney General to enforce the provisions of chapter 44 of 
        title 18, United States Code; chapter 53 of title 26, United 
        States Code; chapter 3 of the Arms Export Control Act; or a 
        review of such an action or proceeding; or
            (3) for use in an action or proceeding commenced by the 
        Secretary of the Treasury to enforce part III of subchapter D 
        of chapter 32 of the Internal Revenue Code of 1986, or a review 
        of such an action or proceeding:
Provided further, That nothing in the previous proviso shall be 
construed to prevent the sharing or exchange of such information among 
and between Federal, State, tribal, local or foreign law enforcement 
agencies or Federal, State, or local prosecutors, or national security, 
intelligence, or counterterrorism officials, provided that such 
information, regardless of its source, is shared, exchanged, or used 
solely in connection with bona fide criminal investigations or bona 
fide criminal prosecutions or for national security or intelligence 
purposes: Provided further, That information in the Firearms Trace 
System database maintained by the National Trace Center, including all 
information received or generated by of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives shall be immune from legal process, shall not 
be subject to subpoena or other discovery, shall not be used, relied 
on, or disclosed in any manner, and, regardless of when disclosed 
including previously disclosed information, shall not be admissible as 
evidence, nor shall testimony or other evidence based on such data be 
admissible as evidence, in any civil action pending on or filed after 
the effective date of this subparagraph in any State or Federal court 
(including any court in the District of Columbia), or in any 
administrative proceeding other than a proceeding commenced by the 
Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the 
provisions of chapter 44 of title 18, United States Code; chapter 53 of 
title 26, United States Code; chapter 3 of the Arms Export Control Act; 
a proceeding commenced by the Secretary of the Treasury to enforce part 
III of subchapter D of chapter 32 of the Internal Revenue Code of 1986; 
or judicial review of such actions or proceedings. This provision shall 
not be construed to prevent the disclosure of statistical information 
concerning total production, importation, and exportation by each 
licensed importer (as defined in section 921(a)(19) of title 18) and 
licensed manufacturer (as defined in section 921(a)(10) of title 18): 
Provided, 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: Provided further, 
That notwithstanding any other provision of law, home to work 
transportation currently allotted to Bureau of Alcohol, Tobacco, 
Firearms and Explosives field operations is extended to headquarters 
executive Special Agents and designees.

                              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 or projects; $35,000,000, to remain 
available until expended.

                         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 640, of 
which 605 are for replacement only) and hire of law enforcement and 
passenger motor vehicles, and for the provision of technical assistance 
and advice on corrections related issues to foreign governments, 
$5,151,440,000: 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 (8 U.S.C. 1522 note), for the care and security in the United 
States of Cuban and Haitian entrants: Provided further, That the 
Director of the Federal Prison System may accept donated property and 
services relating to the operation of the prison card program from a 
not-for-profit entity which has operated such program in the past 
notwithstanding the fact that such not-for-profit entity furnishes 
services under contracts to the Federal Prison System relating to the 
operation of pre-release services, halfway houses, or other custodial 
facilities.

                        buildings and facilities

    For planning, acquisition of sites and construction of new 
facilities; purchase and acquisition of facilities and remodeling, and 
equipping of such facilities for penal and correctional use, including 
all necessary expenses incident thereto, by contract or force account; 
and constructing, remodeling, and equipping necessary buildings and 
facilities at existing penal and correctional institutions, including 
all necessary expenses incident thereto, by contract or force account, 
$495,000,000, to remain available until expended, of which not to 
exceed $14,000,000 shall be available to construct areas for inmate 
work programs: Provided, That labor of United States prisoners may be 
used for work performed under this appropriation.

                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 section 3109 of title 5, 
United States Code, to be computed on an accrual basis to be determined 
in accordance with the corporation's current 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. 4711 et seq.) (``the 1968 Act''); the Violent Crime Control 
and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1796) 
(``the 1994 Act''); the Prosecutorial Remedies and Other Tools to End 
the Exploitation of Children Today Act of 2003 (Public Law 108-21; 117 
Stat. 650); the Juvenile Justice and Delinquency Prevention Act of 1974 
(42 U.S.C. 5601 et seq.) (``the 1974 Act''); the Victims of Trafficking 
and Violence Protection Act of 2000 (Public Law 106-386; 114 Stat. 
1464) (``the 2000 Act''); and the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (Public Law 109-162; 119 Stat. 
2960) (``the 2005 Act''); $390,000,000, including amounts for 
administrative costs, to remain available until expended: Provided, 
That except as otherwise provided by law, not to exceed 3 percent of 
funds made available under this heading may be used for expenses 
related to evaluation, training, and technical assistance: Provided 
further, That of the amount provided--
            (1) $1,500,000 is for grants for televised testimony, as 
        authorized by part N of the 1968 Act;
            (2) $186,500,000 is for grants to combat violence and 
        violent crimes against women, as authorized by part T of the 
        1968 Act, of which--
                    (A) $2,000,000 shall be for the National Institute 
                of Justice for research and evaluation of violence 
                against women; and
                    (B) $17,000,000 shall be for transitional housing 
                assistance grants for victims of domestic violence, 
                stalking, or sexual assault as authorized by section 
                40299(a) of the 1994 Act;
            (3) $55,000,000 is for grants to encourage arrest policies 
        as authorized by part U of the 1968 Act;
            (4) $39,500,000 is for rural domestic violence and child 
        abuse enforcement assistance grants, as authorized by section 
        40295 of the 1994 Act;
            (5) $5,500,000 is for training programs to assist probation 
        and parole officers as authorized by section 40152 of the 1994 
        Act, and for related local demonstration projects;
            (6) $3,900,000 is for grants to improve the stalking and 
        domestic violence databases, as authorized by section 40602 of 
        the 1994 Act;
            (7) $10,000,000 to reduce violent crimes against women on 
        campus, as authorized by section 304(a) of the 2005 Act;
            (8) $46,000,000 is for legal assistance for victims, as 
        authorized by section 1201(c) of the 2000 Act;
            (9) $4,500,000 is for enhancing protection for older and 
        disabled women from domestic violence and sexual assault, as 
        authorized by section 40802(a) of the 1994 Act;
            (10) $14,500,000 is for the safe havens for children pilot 
        program, as authorized by section 1301(a) of the 2000 Act;
            (11) $7,100,000 is for education and training to end 
        violence against and abuse of women with disabilities, as 
        authorized by section 1402(a) of the 2000 Act;
            (12) $10,000,000 is for sexual assault services, as 
        authorized by section 202 of the 2005 Act;
            (13) $2,000,000 is for services to advocate and respond to 
        youth, as authorized by section 401 of the 2005 Act;
            (14) $2,000,000 is for grants to assist children and youth 
        exposed to violence, as authorized by section 303 of the 2005 
        Act;
            (15) $1,000,000 is for analysis and research on violence 
        against Indian women, as authorized by section 904 of the 2005 
        Act; and
            (16) $1,000,000 is for tracking of violence against Indian 
        women, as authorized by section 905 of 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 (42 U.S.C. 5771 et 
seq.); including salaries and expenses in connection therewith, the 
Prosecutorial Remedies and Other Tools to end the Exploitation of 
Children Today Act of 2003 (Public Law 108-21); the Justice for All Act 
of 2004 (Public Law 108-405; 108 Stat. 2260); the Victims of Child 
Abuse Act of 1990 (Public Law 101-647; 104 Stat. 4792) (``the 1990 
Act''); the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162); and the Victims of 
Crime Act of 1984 (Public Law 98-473; 98 Stat. 2170), $240,000,000, to 
remain available until expended: Provided, That grants under 
subparagraphs (1)(A) and (B) of Public Law 98-473 are issued pursuant 
to rules or guidelines that generally establish a publicly-announced, 
competitive process: Provided further, That not more than $35,000,000 
of balances made available as a result of prior year deobligations may 
be obligated for program management and administration: Provided 
further, That any balances made available as a result of prior year 
deobligations in excess of $35,000,000 shall only be obligated in 
accordance with section 505 of this Act: Provided further, That amounts 
under this heading, or amounts transferred to and merged with this 
account, for salaries and expenses are for not less than 590 permanent 
positions and not less than 600 full-time equivalent workyears.

               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 Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647; 104 Stat. 9792) (``the 1990 Act''); the 
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 
109-164; 119 Stat. 3558); the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Public Law 109-162); and the 
Victims of Trafficking and Violence Protection Act of 2000 (Public Law 
106-386); and other programs; $1,400,000,000 (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) $660,000,000 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, of which--
                    (A) $60,000,000 for Boys and Girls Clubs in public 
                housing facilities and other areas in cooperation with 
                State and local law enforcement, as authorized by 
                section 401 of the Economic Espionage Act of 1996 (42 
                U.S.C. 13751 note); and
                    (B) $5,000,000 is for a program to improve State 
                and local law enforcement intelligence capabilities 
                including antiterrorism training and training to ensure 
                that constitutional rights, civil liberties, civil 
                rights, and privacy interests are protected throughout 
                the intelligence process;
            (2) $400,000,000 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)), of which $30,000,000 
        for the Southwest Border Prosecutor Initiative to reimburse 
        State, county, parish, tribal, or municipal governments only 
        for costs associated with the prosecution of criminal cases 
        declined by local United States Attorneys offices;
            (3) $190,000,000 for discretionary grants, notwithstanding 
        the provisions of section 505 of the 1968 Act;
            (4) $15,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386;
            (5) $25,000,000 for Drug Courts, as authorized by section 
        1001(25)(A) of title I of the 1968 Act;
            (6) $10,000,000 for grants for residential substance abuse 
        treatment for State prisoners, as authorized by part S of the 
        1968 Act;
            (7) $25,000,000 for the Capital Litigation Improvement 
        Grant Program as authorized by sections 421, 422, and 426 of 
        Public Law 108-405, to be equally divided between the Capital 
        Prosecution Improvement Grants and Capital Representation 
        Improvement Grants;
            (8) $10,000,000 for mental health courts and adult and 
        juvenile collaboration program grants, as authorized by parts V 
        and HH of title I of the 1968 Act;
            (9) $2,000,000 for the National Sex Offender Public 
        Registry;
            (10) $1,000,000 for the Missing Alzheimer's Disease Patient 
        Alert Program, as authorized by section 240001(c) of Public Law 
        106-386;
            (11) $28,000,000 for assistance to Indian tribes, of 
        which--
                    (A) $15,000,000 shall be available for grants under 
                section 201109(a)(2) of subtitle A of title II of the 
                1994 Act;
                    (B) $8,000,000 shall be available for the Tribal 
                Courts Initiative; and
                    (C) $5,000,000 shall be available for demonstration 
                projects on alcohol and crime in Indian County;
            (12) $5,000,000 for prison rape prevention and prosecution 
        programs, as authorized by the Prison Rape Elimination Act of 
        2003 (Public Law 108-79);
            (13) $15,000,000 is for the court appointed advocate 
        program, as authorized by section 217 of the 1990 Act;
            (14) $4,000,000 is for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act; and
            (15) $5,000,000 for prescription drug monitoring program:
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 shall achieve a net 
gain in the number of law enforcement officers who perform 
nonadministrative public safety service.

                       weed and seed program fund

    For necessary expenses, including salaries and related expenses of 
the Executive Office for Weed and Seed, to implement ``Weed and Seed'' 
program activities, $50,000,000, to remain available until September 
30, 2008, for inter-governmental agreements, including grants, 
cooperative agreements, and contracts, with State and local law 
enforcement agencies, nonprofit organizations, and agencies of local 
government engaged in the investigation and prosecution of violent and 
gang-related crimes and drug offenses in ``Weed and Seed'' designated 
communities, and for either reimbursements or transfers to 
appropriation accounts of the Department of Justice and other Federal 
agencies which shall be specified by the Attorney General to execute 
the ``Weed and Seed'' program strategy: Provided, That funds designated 
by Congress through language for other Department of Justice 
appropriation accounts for ``Weed and Seed'' program activities shall 
be managed and executed by the Attorney General through the Executive 
Office for Weed and Seed: Provided further, That the Attorney General 
may direct the use of other Department of Justice funds and personnel 
in support of ``Weed and Seed'' program activities only after the 
Attorney General notifies the Senate Committee on Appropriations in 
accordance with section 505 of this Act: Provided further, That of the 
funds appropriated for the Executive Office for Weed and Seed, not to 
exceed $2,000,000 shall be directed for comprehensive community 
development training and technical assistance.

                  community oriented policing services

                     (including transfer of funds)

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (including administrative 
costs), the Omnibus Crime Control and Safe Streets Act of 1968 (``the 
1968 Act''), the Justice for All Act of 2004 (Public Law 108-405), the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162), the USA PATRIOT Improvement and 
Reauthorization Act (Public Law 109-177; 120 Stat. 192) (including 
administrative costs), the Prosecutorial Remedies and Other Tools to 
End the Exploitation of Children Today Act of 2003 (Public Law 108-21), 
$550,000,000, 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 any and all reimbursable 
services, functions and activities associated with programs 
administered by the Office of Community Oriented Policing Services 
including activities authorized by sections 1158 and 1159 of Public Law 
109-162: Provided further, That section 1703(b) and (c) of the 1968 Act 
shall not apply to non-hiring grants made pursuant to part Q of title I 
(42 U.S.C. 3796dd et seq.): Provided further, That the $15,000,000 
provided to the National Institute of Standards and Technology's Office 
of Law Enforcement Standards under this section shall be transferred 
directly to the National Institute of Standards and Technology's Office 
of Law Enforcement Standards from the Community Oriented Policing 
Services Office: Provided further, That of the amounts provided--
            (1) $25,000,000 is for the matching grant program for law 
        enforcement armor vests as authorized by section 2501 of part Y 
        of the 1968 Act;
            (2) $80,000,000 is for policing initiatives to combat 
        illegal methamphetamine production, sale and use in ``drug hot 
        spots'' as authorized by section 754 of Public Law 109-177;
            (3) $110,000,000 is for law enforcement technologies;
            (4) $5,000,000 is for grants to upgrade criminal records, 
        as authorized under the Crime Identification Technology Act of 
        1998 (42 U.S.C. 14601);
            (5) $10,000,000 is for an offender re-entry program;
            (6) $169,000,000 is for DNA analysis and capacity 
        enhancement program, and for other State, local and Federal 
        forensic activities, of which--
                    (A) $151,000,000 for the Debbie Smith DNA Backlog 
                Grants as authorized by Public Law 108-405 section 202;
                    (B) $5,000,000 for the Kirk Bloodsworth Post-
                Conviction DNA Testing Grant Program as authorized by 
                Public Law 108-405 section 412 and section 413;
                    (C) $6,000,000 for DNA Training and Education for 
                Law Enforcement, Correctional Personnel, and Court 
                Officers as authorized by Public Law 108-405 section 
                303;
                    (D) $5,000,000 for DNA Research and Development as 
                authorized by Public Law 108-405 section 305;
                    (E) $2,000,000 for the DNA Identification of 
                Missing Persons as authorized by Public Law 108-405 
                section 308;
            (7) $35,000,000 is for improving tribal law enforcement, 
        including equipment and training assistance to Indian tribes;
            (8) $6,000,000 is for training and technical assistance;
            (9) $40,000,000 is for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act (42 
        U.S.C. 3797j et seq.);
            (10) $5,000,000 is for the National District Attorneys 
        Association to conduct prosecutorial training by the National 
        Advocacy Center;
            (11) $55,000,000 is for a national grant program to arrest 
        and prosecute child predators as authorized by section 1701(d) 
        of part Q of title I of the 1968 Act as amended by section 341 
        of Public Law 108-21; and
            (12) Funds not to exceed $11,000,000 is for program 
        management and administration.

                       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, $340,000,000, to remain 
available until expended, as follows--
            (1) $500,000 is for coordination of Federal efforts, as 
        authorized by section 204 of the 1974 Act;
            (2) $73,000,000 is for State and local programs authorized 
        by section 221 of the 1974 Act, including training and 
        technical assistance to assist small, non-profit organizations 
        with the Federal grants process;
            (3) $76,500,000 is for demonstration projects, as 
        authorized by sections 261 and 262 of the 1974 Act;
            (4) $5,000,000 is for juvenile mentoring programs;
            (5) $65,000,000 is for delinquency prevention, as 
        authorized by section 505 of the 1974 Act, of which--
                    (A) $10,000,000 shall be for the Tribal Youth 
                Program; and
                    (B) $25,000,000 shall be for grants of $360,000 to 
                each State and $6,640,000 shall be available for 
                discretionary grants to States, for programs and 
                activities to enforce State laws prohibiting the sale 
                of alcoholic beverages to minors or the purchase or 
                consumption of alcoholic beverages by minors, 
                prevention and reduction of consumption of alcoholic 
                beverages by minors, and for technical assistance and 
                training;
            (6) $10,000,000 is for the Secure Our Schools Act as 
        authorized by part AA of the 1968 Act;
            (7) $20,000,000 for programs authorized by the Victims of 
        Child Abuse Act of 1990;
            (8) $80,000,000 for the Juvenile Accountability Block 
        Grants program as authorized by part R of the 1968 Act and Guam 
        shall be considered a State for the purpose of that program; 
        and
            (9) $10,000,000 shall be for gang resistance education and 
        training and programs:
Provided, That not more than 2 percent of each amount may be used for 
research, evaluation, and statistics activities designed to benefit the 
programs or activities authorized: Provided further, That not more than 
2 percent of each amount may be used for training and technical 
assistance: Provided further, That the previous two provisos shall not 
apply to demonstration projects, as authorized by sections 261 and 262 
of the 1974 Act.

                    public safety officers benefits

    For payments and expenses authorized by part L of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), 
such sums as are necessary, as authorized by section 6093 of Public Law 
100-690 (102 Stat. 4339-4340) (including amounts for administrative 
costs, which amounts shall be paid to the ``Justice Assistance'' 
account), to remain available until expended; and $5,000,000 for 
payments authorized by section 1201(b) of such Act; and $4,100,000 for 
educational assistance, as authorized by section 1212 of such Act: 
Provided, That, hereafter, funds available to conduct appeals under 
section 1205(c) of the 1968 Act, which includes all claims processing, 
shall be available also for the same under subpart 2 of such part L and 
under any statute authorizing payment of benefits described under 
subpart 1 thereof, and for appeals from final decisions of the Bureau 
(under such part or any such statute) to the Court of Appeals for the 
Federal Circuit, which shall have exclusive jurisdiction thereof 
(including those pending), and for expenses of representation of 
hearing examiners (who shall be presumed irrebuttably to enjoy quasi-
judicial immunity in the discharge of their duties under such part or 
any such statute) in connection with litigation against them arising 
from such discharge.

               General Provisions--Department of Justice

    Sec. 201. 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. 202. 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. 203. 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 202 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 204. 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. 205. 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. 206. 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. 207. 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. 208. (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) Subsection (a) shall not preclude the renting, maintenance, or 
purchase of audiovisual or electronic equipment for inmate training, 
religious, or educational programs.
    Sec. 209. Any deviation from the amounts designated for specific 
activities in this Act and accompanying report, or any use of 
deobligated balances of funds provided under this title in previous 
years, shall be subject to the procedures set forth in section 505 of 
this Act.
    Sec. 210. Section 112 of title I as contained in division B of the 
Consolidated Appropriations Act, 2004 (Public Law 108-199) is amended 
as follows:
            (1) by inserting in paragraph (a)(2)(A) ``the Commissioner 
        of Health & Social Services for Alaska, a representative of an 
        Alaska Native healthcare provider'' after ``Village Public 
        Safety Officer programs,'';
            (2) by inserting in paragraph (a)(2)(A) ``and a non-voting 
        judge'' after ``non-voting representative''; and
            (3) by inserting in paragraph (a)(2)(A) ``The Chief Justice 
        of the Alaska Supreme Court may appoint a non-voting 
        representative of the Alaska Supreme Court to provide technical 
        support.'' at the end of the paragraph.
    Sec. 211. 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)(4)(A) of title 
        11, United States Code.''.
    Sec. 212. (a) Section 1930(a) of title 28, United States Code, is 
amended in paragraph (6) by striking everything after ``whichever 
occurs first.'' and inserting in lieu thereof: ``The fee shall be $325 
for each quarter in which disbursements total less than $15,000; $650 
for each quarter in which disbursements total $15,000 or more but less 
than $75,000; $975 for each quarter in which disbursements total 
$75,000 or more but less than $150,000; $1,625 for each quarter in 
which disbursements total $150,000 or more but less than $225,000; 
$1,950 for each quarter in which disbursements total $225,000 or more 
but less than $300,000; $4,875 for each quarter in which disbursements 
total $300,000 or more but less than $1,000,000; $6,500 for each 
quarter in which disbursements total $1,000,000 or more but less than 
$2,000,000; $9,750 for each quarter in which disbursements total 
$2,000,000 or more but less than $3,000,000; $10,400 for each quarter 
in which disbursements total $3,000,000 or more but less than 
$5,000,000; $13,000 for each quarter in which disbursements total 
$5,000,000 or more but less than $15,000,000; $20,000 for each quarter 
in which disbursements total $15,000,000 or more but less than 
$30,000,000; $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. Notwithstanding any other provision of law, during fiscal 
year 2008, Federal reimbursement to the District of Columbia for felons 
newly sentenced by the District of Columbia Superior Court shall 
commence no later than the date of sentencing for such felons; and 
Federal reimbursement to the District of Columbia for recommitted 
District of Columbia parolees shall commence no later than the date of 
the commitment of such parolees to prison: Provided, That no more than 
$8,000,000 shall be made available for such reimbursements from funds 
made available in this Act.
    Sec. 214. Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States 
Attorney from the residency requirements of 28 U.S.C. 545.
    Sec. 215. None of the funds made available to the Department of 
Justice in this Act may be obligated for the Federal Bureau of 
Investigation's Sentinel procurement until the Government 
Accountability Office has certified to the Senate Committee on 
Appropriations and the Senate Committee on the Judiciary that a 
performance measurement baseline has been established and the Federal 
Bureau of Investigation is using a performance-based management system 
that complies with the American National Standards Institute/
Electronics Industries Alliance Standard 748-A, as required by Office 
of Management and Budget Circular A-11, Part 7 to measure achievement 
of the cost, schedule and performance goals.
    Sec. 216. None of the funds appropriated in this or any other Act 
shall be obligated for any work, development or procurement of the 
Sentinel information technology program phases III or IV until the 
Government Accountability Office certifies to the Senate Committee on 
Appropriations and the Senate Committee on the Judiciary that the phase 
under construction has reached 70 percent completion of the planned 
work and the estimated cost to complete the phase does not exceed 35 
percent of the budgeted cost for such phase.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2008''.

                               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, $5,715,000.

             National Aeronautics and Space Administration

                  science, aeronautics and exploration

    For necessary expenses in the conduct and support of science, 
aeronautics and exploration research and development activities, 
including research, development, operations, support and services; 
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 5 U.S.C. 5901-5902; travel expenses; purchase and hire 
of passenger motor vehicles; not to exceed $35,000 for official 
reception and representation expenses; and purchase, lease, charter, 
maintenance and operation of mission and administrative aircraft, 
$10,633,000,000, of which $119,100,000 shall remain available until 
expended and $10,513,900,000 shall remain available until September 30, 
2009: Provided, That, of the amounts provided under this heading, 
$5,655,110,000 shall be for science, $554,030,000 shall be for 
aeronautics research, $3,972,490,000 shall be for exploration systems, 
and $521,380,000 shall be for cross-agency support programs: Provided 
further, That the amounts in the previous proviso shall be reduced by 
$70,000,000 in corporate and general administrative expenses and the 
reduction shall be applied proportionally to each amount therein: 
Provided further, That within the amounts provided under this heading, 
management and operations of National Aeronautics and Atmospheric 
Administration centers shall not exceed $1,150,800,000; corporate 
general and administrative costs shall not exceed $345,000,000; and 
institutional investments, including planning, design, maintenance, 
repair, rehabilitation and modification of existing facilities, 
construction of new facilities, acquisition and condemnation of real 
property as authorized by law, and environmental compliance and 
restoration shall not exceed $195,500,000: Provided further, That funds 
provided under this heading shall be available only according to the 
terms and conditions specified in the committee report of the Senate 
accompanying this Act.

                        exploration capabilities

    For necessary expenses in the conduct and support of exploration 
capabilities research and development activities, including research, 
development, operations, support and services; 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 5 U.S.C. 
5901-5902; travel expenses; purchase and hire of passenger motor 
vehicles; not to exceed $35,000 for official reception and 
representation expenses; and purchase, lease, charter, maintenance and 
operation of mission and administrative aircraft, $6,792,000,000, of 
which $5,200,000 shall remain available until expended and 
$6,786,800,000 shall remain available until September 30, 2009: 
Provided, That of the amounts provided under this heading, 
$4,007,760,000 shall be for Space Shuttle operations, production, 
research, development, and support and $2,238,610,000 shall be for 
International Space Station operations, production, research, 
development, and support: Provided further, That within the amounts 
provided under this heading, management and operations of National 
Aeronautics and Atmospheric Administration centers shall not exceed 
$862,200,000; corporate general and administrative costs shall not 
exceed $263,700,000; and institutional investments, including planning, 
design, maintenance, repair, rehabilitation and modification of 
existing facilities, construction of new facilities, acquisition and 
condemnation of real property as authorized by law, and environmental 
compliance and restoration shall not exceed $124,200,000: Provided 
further, That funds provided under this heading shall be available only 
according to the terms and conditions specified in the committee report 
of the Senate accompanying this Act.

                      office of inspector general

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, 
$34,600,000.

                        administrative provision

    For fiscal year 2009 and hereafter, the National Aeronautics and 
Space Administration shall provide, at a minimum, the following 
information in its annual budget justification:
            (1) The actual, current, proposed funding level, and 
        estimated budgets for the next five fiscal years by 
        directorate, theme, program, project and activity within each 
        appropriations account.
            (2) The budget for headquarters including--
                    (A) the budget by office for the actual, current, 
                proposed funding level, and estimated budgets for the 
                next five fiscal years;
                    (B) the travel budget for each office for the 
                actual, current, and proposed funding level; and
                    (C) the civil service full time equivalent 
                assignments per headquarters office including the 
                number of Senior Executive Service, noncareer, 
                detailee, and contract personnel per office.
            (3) Concurrent with the submission of the budget to the 
        Congress an accompanying volume shall be provided to the 
        Committee on Appropriations containing the following 
        information for each center and federally funded research and 
        development center operated by the National Aeronautics and 
        Space Administration:
                    (A) the actual, current, proposed funding level, 
                and estimated budgets for the next five fiscal years by 
                directorate, theme, program, project, and activity;
                    (B) The proposed programmatic and non-programmatic 
                construction of facilities;
                    (C) The number of civil service full time 
                equivalent positions per center for each identified 
                fiscal year;
                    (D) The number of civil service full time 
                equivalent positions considered to be uncovered 
                capacity at each location for each identified fiscal 
                year.
            (4) Sufficient narrative shall be provided to explain the 
        request for each program, project, and activity, and an 
        explanation for any deviation to previously adopted baselines 
        for all justification materials provided to the Committee.

                      National Science Foundation

                    research and related activities

    For necessary expenses in carrying out the National Science 
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act 
to establish a National Medal of Science (42 U.S.C. 1880-1881); 
services as authorized by 5 U.S.C. 3109; maintenance and operation of 
aircraft and purchase of flight services for research support; 
acquisition of aircraft; and authorized travel; $5,156,090,000, 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 from 
funds specified in the fiscal year 2008 budget request for icebreaking 
services, up to $57,000,000 shall be available for the procurement of 
polar icebreaking services: Provided further, That the National Science 
Foundation shall only reimburse the Coast Guard for such sums as are 
agreed to according to the existing memorandum of agreement: Provided 
further, That receipts for scientific support services and materials 
furnished by the National Research Centers and other National Science 
Foundation supported research facilities may be credited to this 
appropriation.

          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, as amended, 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, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized 
travel, and rental of conference rooms in the District of Columbia, 
$850,600,000, to remain available until September 30, 2009.

                 agency operations and award management

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

                  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 et seq.), 
$4,030,000: Provided, That not to exceed $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, as amended, 
$12,350,000, to remain available until September 30, 2009.
    This title may be cited as the ``Science Appropriations Act, 
2008''.

                                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 
(29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of 
1990, and the Civil Rights Act of 1991, including services as 
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343(b); non-monetary awards to private 
citizens; and not to exceed $37,000,000 for payments to State and local 
enforcement agencies for services to the Commission pursuant to title 
VII of the Civil Rights Act of 1964, sections 6 and 14 of the Age 
Discrimination in Employment Act, the Americans with Disabilities Act 
of 1990, and the Civil Rights Act of 1991, $378,000,000: Provided, That 
funds made available under this heading shall only be allocated in the 
manner specified in the report accompanying this Act: Provided further, 
That no funds made available under this heading may be used to operate 
the National Contact Center: Provided further, That the Commission may 
take no action to implement any workforce repositioning, restructuring, 
or reorganization until such time as the Senate Committee on 
Appropriations has been notified of such proposals, in accordance with 
the reprogramming requirements of section 505 of this Act.

                     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, $390,000,000, 
of which $373,000,000 is for basic field programs and required 
independent audits; $3,200,000 is for the Office of Inspector General, 
of which such amounts as may be necessary may be used to conduct 
additional audits of recipients; $13,800,000 is for management and 
administration; $3,000,000 is for client self-help and information 
technology: Provided, That the Legal Services Corporation may continue 
to provide locality pay to officers and employees at a rate no greater 
than that provided by the Federal Government to Washington, DC-based 
employees as authorized by 5 United States Code 5304, notwithstanding 
section 1005(d) of the Legal Services Corporation Act, 42 United States 
Code 2996(d).

          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, 502, 503, 504, 
505, and 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 2006 and 2007, 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.

            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, 
$47,800,000, of which $1,000,000 shall remain available until expended: 
Provided, That not to exceed $124,000 shall be available for official 
reception and representation expenses: Provided further, That 
negotiations shall be conducted within the World Trade Organization to 
recognize the right of members to distribute monies collected from 
antidumping and countervailing duties: Provided further, That 
negotiations shall be conducted within the World Trade Organization 
consistent with the negotiating objectives contained in the Trade Act 
of 2002, Public Law 107-210.

                        State Justice Institute

                         salaries and expenses

    For necessary expenses of the State Justice Institute, as 
authorized by the State Justice Institute Authorization Act of 1992 
(Public Law 102-572), $3,500,000: Provided, That not to exceed $2,500 
shall be available for official reception and representation expenses.

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. The Departments of Commerce and Justice, the National 
Science Foundation, and the National Aeronautics and Space 
Administration shall provide to the Senate Committee on Appropriations 
a quarterly accounting of the cumulative balances of any unobligated 
funds that were made available to any such agency in any previous 
appropriations Act.
    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 or renames offices, programs, or activities; or (6) 
contracts out or privatizes any functions or activities presently 
performed by Federal employees; unless the Senate Committee on 
Appropriations is notified 15 days in advance of such reprogramming of 
funds.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2008, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings, including savings from a reduction in personnel, which would 
result in a change in existing programs, activities, or projects as 
approved by Congress; unless the Senate Committee on Appropriations is 
notified 15 days in advance of such reprogramming of funds.
    Sec. 506. Hereafter, none of the funds made available in this Act 
or any other Act may be used for the construction, repair (other than 
emergency repair), overhaul, conversion, or modernization of vessels 
for the National Oceanic and Atmospheric Administration in shipyards 
located outside of the United States.
    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. 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. 509. 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. 510. None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        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. 511. Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $625,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 512. 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. 513. 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. 514. With the consent of the President, the Secretary of 
Commerce shall represent the United States Government in negotiating 
and monitoring international agreements regarding fisheries, marine 
mammals, or sea turtles: Provided, That the Secretary of Commerce shall 
be responsible for the development and interdepartmental coordination 
of the policies of the United States with respect to the international 
negotiations and agreements referred to in this section.
    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. Accountability and Transparency of Activities Carried out 
With Funds Provided by This Act. (a) Audit Progress Reports.--The 
Inspectors General of the Department of Commerce, the Department of 
Justice, the National Aeronautics and Space Administration, and the 
National Science Foundation shall conduct audits, pursuant to the 
Inspector General Act (5 U.S.C. App.), of grants or contracts for which 
funds are appropriated by this Act, and shall submit reports to 
Congress on the progress of such audits, which may include preliminary 
findings and a description of areas of particular interest, within 180 
days after initiating such an audit and every 180 days thereafter until 
any such audit is completed.
    (b) Availability to the Public.--Within 60 days after the date on 
which an audit described in subsection (a) by an Inspector General is 
completed, the Secretary, Attorney General, Administrator, or Director, 
as appropriate, shall make the results of the audit available to the 
public on the Internet website maintained by the Department, 
Administration, or Foundation, respectively. The results shall be made 
available in redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft 
        or for other inappropriate or unlawful purposes.
    (c) Prohibited Use of Funds.--A grant or contract funded by amounts 
appropriated by this Act may not be used for the purpose of defraying 
the costs of a banquet or conference that is not directly and 
programmatically related to the purpose for which the grant or contract 
was awarded, such as a banquet or conference held in connection with 
planning, training, assessment, review, or other routine purposes 
related to a project funded by the grant or contract.
    (d) Conflict of Interest Statement.--Any person awarded a grant or 
contract funded by amounts appropriated by this Act shall submit a 
statement to the Secretary of Commerce, the Attorney General, the 
Administrator, or the Director, as appropriate, certifying that no 
funds derived from the grant or contract will be made available through 
a subcontract or in any other manner to another person who has a 
financial interest in the person awarded the grant or contract.
    (e) Application to Other Federal Grants and Contracts.--The 
provisions of the preceding subsections of this section shall take 
effect 30 days after the date on which the Director of the Office and 
Management and Budget, in consultation with the Director of the Office 
of Government Ethics, determines that a uniform set of rules and 
requirements, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch ethics 
program to all Federal departments, agencies, and entities.
    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. If at any time during any quarter, the program manager of 
a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more than $75,000,000 has 
reasonable cause to believe that the total program cost has increased 
by 10 percent, the program manager shall immediately inform the 
Secretary, Administrator, or Director. The Secretary, Administrator, or 
Director shall notify the Senate Committee on Appropriations within 30 
days in writing of such increase, and shall include in such notice: the 
date on which such determination was made; a statement of the reasons 
for such increases; the action taken and proposed to be taken to 
control future cost growth of the project; changes made in the 
performance or schedule milestones and the degree to which such changes 
have contributed to the increase in total program costs or procurement 
costs; new estimates of the total project or procurement costs; and a 
statement validating that the project's management structure is 
adequate to control total project or procurement costs.
    Sec. 519. None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government.
    Sec. 520. Notwithstanding section 505 of this Act, no funds shall 
be reprogrammed within or transferred between appropriations after June 
30, except in extraordinary circumstances.
    Sec. 521. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2008 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2008.
    Sec. 522. The Offices of Inspectors General funded under this Act 
shall forward copies of all audit reports to the Senate Committee on 
Appropriations immediately after they are issued and immediately make 
the Committee aware of any review that recommends cancellation of, or 
modification to, any major acquisition project or grant, or that 
recommends significant budgetary savings: Provided, That the Offices of 
Inspectors General funded under this Act shall withhold from public 
distribution for a period of 15 days any final audit or investigation 
report that was requested by the Senate Committee on Appropriations.
    Sec. 523. Hereafter, none of the funds made available by the 
Congress may be used to implement, administer, or enforce any 
guidelines of the Equal Employment Opportunity Commission covering 
harassment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed guidelines 
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 524. None of the funds in this Act or prior Acts making 
appropriations for the Department of Justice may be used to make a 
grant allocation, a discretionary grant award, or a discretionary 
contract award that is specified in the report accompanying this Act, 
or to publicly announce the intention to make such an award, unless the 
Attorney General, Secretary, Administrator or Director of the 
appropriate agency or bureau notifies the Senate Committee on 
Appropriations, at least three full business days in advance: Provided, 
That no notification shall involve funds that are not available for 
obligation.
    Sec. 525. None of the funds provided in this Act may be used to 
implement an involuntary reduction in force at any NASA center during 
fiscal year 2008.
    Sec. 526. (a) Modification of Enhanced-Use Lease Authority for 
NASA.--Subsection (a) of section 315 of the National Aeronautics and 
Space Administration Act of 1958 (42 U.S.C. 2459j) is amended--
            (1) by striking ``Notwithstanding any other provision of 
        law, the Administrator'' and inserting ``The Administrator''; 
        and
            (2) by striking ``any real property'' and inserting ``any 
        non-excess real property and related personal property''; and
            (3) by striking ``at no more than two (2) National 
        Aeronautics and Space Administration (NASA) centers''.
    (b) Consideration.--Subsection (b) of such section is amended--
            (1) in paragraph (1), by striking ``consideration'' and all 
        that follows through the end of the paragraph and inserting 
        ``cash consideration for the lease at fair market value as 
        determined by the Administrator.'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraph (3) as paragraph (2); and
            (4) in paragraph (2), as redesignated by paragraph (3) of 
        this subsection--
                    (A) in subparagraph (B), by striking 
                ``maintenance'' and all that follows through ``centers 
                selected for this demonstration program'' and inserting 
                ``capital revitalization and construction projects and 
                improvements of real property assets and related 
                personal property under the jurisdiction of the 
                Administrator''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(C) Amounts utilized under subparagraph (B) may not be 
        utilized for daily operating costs.''.
    (c) Lease Restrictions.--Subsection (e) of such section is 
amended--
            (1) by striking ``Lease Restrictions.--NASA'' and inserting 
        the following: ``Lease Restrictions.--
            ``(1) NASA''; and
            (2) by adding at the end the following new paragraph:
            ``(2) NASA is not authorized to enter into an out-lease 
        under this section unless the Administrator certifies that such 
        out-lease will not have a negative impact on NASA's mission.''.
    (d) Repeal of Plan and Reporting Requirements.--Such section is 
further amended by striking subsection (f).
    (e) Sunset.--Such section is further amended by adding at the end 
the following new subsection (f):
    ``(f) Sunset.--The authority to enter into leases under this 
section shall expire on the date that is ten years after the date of 
the enactment of the Commerce, Justice, Science, and Related Agencies 
Appropriations Act of 2008. The expiration under this subsection of 
authority to enter into leases under this section shall not affect the 
validity or term of leases or NASA's retention of proceeds from leases 
entered into under this section before the date of the expiration of 
such authority.''.
    (f) Conforming Amendment.--The heading of such section is amended 
by striking ``Enhanced-use lease of real property demonstration'' and 
inserting ``Lease of non-excess property''.
    Sec. 527. Limitation. (a) In General.--None of the funds made 
available in this Act shall be used to initiate or participate in a 
civil action by or on the behalf of the Equal Employment Opportunity 
Commission against an entity on the grounds that the entity requires an 
employee to speak English while engaged in work.
    (b) Effective Date.--Subsection (a) shall apply with respect to all 
civil actions that commence on or after the date of enactment of this 
Act.

                                TITLE VI

                              RESCISSIONS

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     industrial technology services

                              (rescission)

    Of the unobligated balances available under this heading, 
$10,000,000 are rescinded.

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$41,000,000 are rescinded.

                           detention trustee

                              (rescission)

    Of the unobligated balances available under this heading, 
$135,000,000 are rescinded.

                            Legal Activities

                         assets forfeiture fund

                              (rescission)

    Of the unobligated balances available under this heading, 
$240,000,000 are rescinded.

                       Office of Justice Programs

                           justice assistance

                              (rescission)

    Of the unobligated balances available under this heading, 
$87,500,000 are rescinded.

                  community oriented policing services

                              (rescission)

    Of the unobligated balances available under this heading, 
$37,500,000 are rescinded.
    This Act may be cited as the ``Departments of Commerce and Justice, 
Science, and Related Agencies Appropriations Act, 2008''.
                                                       Calendar No. 259

110th CONGRESS

  1st Session

                                S. 1745

                          [Report No. 110-124]

_______________________________________________________________________

                                 A BILL

  Making appropriations for the Departments of Commerce and Justice, 
science, and related agencies for the fiscal year ending September 30, 
                     2008, and for other purposes.

_______________________________________________________________________

                             June 29, 2007

                 Read twice and placed on the calendar