[House Report 110-240]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-240

======================================================================



 
 COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS BILL, 
                                  2008

                                _______
                                

 July 19, 2007.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Mollohan, from the Committee on Appropriations, submitted the 
                               following

                              R E P O R T

                             together with

                            ADDITIONAL VIEWS

                        [To accompany H.R. 3093]

    The Committee on Appropriations submits the following 
report in explanation of the accompanying bill making 
appropriations for Commerce, Justice, Science, and related 
agencies for the fiscal year ending September 30, 2008, and for 
other purposes.

                        INDEX TO BILL AND REPORT

_______________________________________________________________________


                                                            Page Number

                                                            Bill Report
Title I--Department of Commerce............................     2
                                                                      9
Title II--Department of Justice............................    21
                                                                     38
Title III--Science.........................................    56
                                                                    107
        Office of Science and Technology Policy............    56
                                                                    108
        National Aeronautics and Space Administration......    56
                                                                    108
        National Science Foundation........................    64
                                                                    123
Title IV--Related Agencies.................................    67
                                                                    130
        Commission on Civil Rights.........................    67
                                                                    130
        Equal Employment Opportunity Commission............    67
                                                                    131
        International Trade Commission.....................    68
                                                                    132
        Legal Services Corporation.........................    68
                                                                    132
        Marine Mammal Commission...........................    69
                                                                    133
        National Veterans Business Development Corporation.    69
                                                                    134
        Office of the United States Trade Representative...    70
                                                                    135
        State Justice Institute............................    70
                                                                    137
Title V--General Provisions................................    71
                                                                    137
Title VI--Rescissions......................................    83
                                                                    140

                Summary of Estimates and Recommendations

    The Committee recommends a total of $53,551,000,000 in 
discretionary budget authority for the departments and agencies 
funded in this bill. The recommendation is $2,312,478,000 above 
the request and $3,206,957,000 above the amount enacted for the 
current fiscal year. The Committee also recommends $228,300,000 
for mandatory programs funded within this bill.
    Note that the amounts contained in the table below and the 
tables throughout the report do not contain the 2007 
supplemental appropriations of $546,400,000. The 2007 
supplemental contains $356,000,000 for the Department of 
Justice; $170,400,000 for the National Oceanic and Atmospheric 
Administration; and $20,000,000 for the National Aeronautics 
and Space Administration.
    The following table provides a comparison of the new budget 
authority recommended in the accompanying bill with the amounts 
appropriated for fiscal year 2007, and the budget request for 
fiscal year 2008.

                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         FY 2007                                                  Compared with
                                                                         enacted          FY 2008                      ---------------------------------
                                                                        excluding         request       Recommendation      FY 2007          FY 2008
                                                                      supplementals                                         enacted          request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary......................................................           50,344           51,238           53,551           +3,207           +2,312
Mandatory..........................................................              228              228              228               --               --
                                                                    ------------------------------------------------------------------------------------
    Total..........................................................           50,572           51,466           53,779           +3,207           +2,312
--------------------------------------------------------------------------------------------------------------------------------------------------------

                         HIGHLIGHTS OF THE BILL

    Major initiatives and highlights contained in the 
recommendation follow:

                                                            TITLE I.--DEPARTMENT OF COMMERCE
                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         FY 2007                                                  Compared with
                                                                         enacted          FY 2008                      ---------------------------------
                                                                        including         request       Recommendation      FY 2007          FY 2008
                                                                       supplements                                          enacted          request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary......................................................            6,454            6,596            7,063             +609             +467
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Selected increases and/or restorations:
     National Oceanic and Atmospheric Administration 
$4.0 billion, $141 million over the FY08 request, including an 
additional $73.3 million for global climate change efforts and 
$47.7 million to assist in protecting our coasts and oceans.
     Periodic censuses and programs including the 2010 
Census: $1.2 billion, $339 million over FY07 and $2 million 
over the FY08 Request, including $19 million for full 
implementation of the Survey of Income and Program 
Participation and $13 million for additional partnership and 
outreach efforts.
     National Institute of Standards and Technology 
$831 million, $154 million above the FY 2007 enacted level.
     Economic development assistance programs: $270 
million, $20 million over FY07 and $100 million over the FY08 
request, including $10 million for a global warming reduction 
initiative fund.
     Minority Business Development Agency: $31.2 
million, $2.5 million over the FY08 request and $1.5 million 
above the FY07 enacted level.
     Advanced Technology Program $93 million, $14 
million above the FY07 enacted level. The FY08 request did not 
include funding.
     Manufacturing Extension Partnerships $108.7 
million, $62.4 million above the request and $4 million above 
the FY07 enacted level.
     Public telecommunications facilities planning: 
restored to the FY07 enacted level of $22 million.

                                                            TITLE II.--DEPARTMENT OF JUSTICE
                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         FY 2007                                                  Compared with
                                                                         enacted          FY 2008                      ---------------------------------
                                                                        including         request       Recommendation      FY 2007          FY 2008
                                                                       supplements                                          enacted          request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary......................................................           22,854           22,252           23,929           +1,075           +1,677
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Selected increases and/or restorations:
     State and local law enforcement and crime 
prevention grants: In total, $3.195 billion is provided for the 
Office on Violence Against Women, the Office of Justice 
Programs, Community Oriented Policing Services, and the Office 
of Juvenile Justice Programs. This funding level is $1.7 
billion more than the President's request and $304 million more 
than the FY07 enacted level.
     Federal Bureau of Investigation salaries and 
expenses: $6.498 billion, $509 million over FY07 and $148 
million over the FY08 request, for counterterrorism and 
criminal investigation efforts.
     Drug Enforcement Administration: $2.082 billion, 
$125 million over FY07 and $40 million over the FY08 request, 
including restoring Mobile Enforcement Teams methamphetamine 
efforts.
     Federal Prison System salaries and expenses: $5.2 
billion, $176 million over FY07 and $20 million over the FY08 
request. The $20 million increase is for education and 
substance abuse treatment programs to reduce criminal 
recidivism.
     Administrative review and appeals: $247 million, 
$18 million over FY07 and $4 million over the FY08 request.
     Department of Justice's Office of Inspector 
General: $75 million, $4 million over FY07 and $1.5 million 
over the FY08 request. The increase over the request is for 
investigations and audits regarding the U.S. Attorneys firings, 
National Security Letters, and SENTINEL, the FBI's new case 
management system.

                                                                   TITLE III.--SCIENCE
                                                                [In millions of dollars]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         FY 2007                                                  Compared with
                                                                         enacted          FY 2008                      ---------------------------------
                                                                        including         request       Recommendation      FY 2007          FY 2008
                                                                       supplements                                          enacted          request
--------------------------------------------------------------------------------------------------------------------------------------------------------
Discretionary......................................................           22,187           23,744           24,137           +1,950             +393
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Selected increases and/or restorations:
    National Aeronautics and Space Administration:
     Science: $5.7 billion, $325 million above FY07 and 
$180 million above the President's request for NASA's science 
missions such as the Hubble Space Telescope and the Mars 
Rovers.
     Aeronautics: $700 million, $146 million above the 
FY08 request for aeronautical research.
     Exploration: $3.9 billion, $467 million more than 
FY07 and the same as the President's request.
     Education: $220.3 million, $80.6 million more than 
FY07 and $66.6 million more than the President's request.
    National Science Foundation:
     Research and Related Account: $5.14 billion, $474 
million above the FY07 level and $8 million over the FY08 
request.
     Education and Human Resources: $822 million, $26 
million over FY07 and $72 million over the President's request.

                                           TITLE IV.--RELATED AGENCIES
                                            [In millions of dollars]
----------------------------------------------------------------------------------------------------------------
                                                FY 2007                                       Compared with
                                                enacted      FY 2008                   -------------------------
                                               including     request    Recommendation    FY 2007      FY 2008
                                              supplements                                 enacted      request
----------------------------------------------------------------------------------------------------------------
Discretionary...............................          801          763            846           +45          +83
----------------------------------------------------------------------------------------------------------------

    Selected increases and/or restorations:
     Legal Services Corporation (LSC): $377 million, 
$28 million over FY07 and $66 million over the FY08 request. 
This program provides civil legal assistance to people who are 
unable to afford it. The bill restores LSC funding to the 
fiscal year 2004 level, when adjusted for inflation. The recent 
highwater funding mark was $400 million in 1995 (not inflation 
adjusted).
     Equal Employment Opportunity Commission: $333 
million, $4 million over FY07 and $5 million over the FY08 
request to reduce the backlog of pending cases and bring in-
house all complaint intakes.
     National Veterans Business Development 
Corporation: $2.5 million, $1 million over FY07. The FY08 
request did not include funding for this agency.
     Marine Mammal Commission: $3 million, $104,000 
over FY07 and $701,000 over the FY08 request.
     State Justice Institute: $5 million, $1 million 
over FY07. The FY08 request did not include funding for this 
agency.

                    State and Local Law Enforcement

    Although this Committee received what seems to be a 
relatively healthy allocation, the President's budget request 
included many holes that had to be filled. The largest of these 
holes was law enforcement. The President's request for State 
and Local Law Enforcement was $1.4 billion below the FY 2007 
level. Because of the importance of this program to all 
Members, the Committee not only funded it above last year's 
level, a total of $1.7 billion more than the President's 
request was provided.
    According to the Uniform Crime Report of crime data from 
more than 11,700 State and local law enforcement agencies, 
violent crime--murders, robberies, forcible rapes and 
aggravated assaults--increased 1.3 percent in 2006 and 2.3 
percent in 2005. These are the first significant increases in 
violent crime in 15 years.
    Most violent crime falls under the jurisdiction of State 
and Local Law Enforcement, therefore the Committee provides 
$3.2 billion to State and Local Law Enforcement for crime 
fighting and prevention initiatives, 53 percent above the 
President's request and 10 percent above the fiscal year 2007 
level. This restores State and Local programs to their fiscal 
year 2004 level, a major step in reversing the downward trend 
in funding for these programs.
    Among these programs, the Committee strongly believes that 
Community Oriented Policing Services (COPS) programs play a 
critical role in crime prevention and suppression. Within the 
$725 million provided for COPS, $100 million is made available 
to restart the COPS hiring program, to put more than 2,800 
police officers on the streets to fight crime. The COPS hiring 
program helped to reduce crime nation-wide in the decade 
between 1995 and 2005. The bill provides the funding for COPS 
hiring for the first time since 2005.
    In addition, in order to help State and Local Law 
Enforcement, the recommendation restores funding for the 
following programs terminated by the Administration: 
$600,000,000 for the Justice Assistance Grants program, 
$85,000,000 for meth-specific COPS grants, $40,000,000 for Drug 
Court programs, and $10,000,000 for State Prison Drug Treatment 
programs. These levels are significant increases over current 
year funding levels.

                         Global Climate Change

    In this bill activities are funded to address the 
challenges of global warming. The bill funds $1.9 billion worth 
of activities--$164 million more than the President's request. 
Now that the scientific community has determined that global 
warming and the resulting climate changes are real phenomena, 
steps must be identified and strategies be adopted in response 
to global climate change.
    Some of the initiatives found in this bill addressing 
global climate change are:
    (1) $6 million for an investigation and study by the 
National Academy of Sciences. Before the investigation begins, 
a group of experts in this area will be convened to determine 
the scope of the study; and
    (2) funding to improve data associated with understanding 
global climate change. To improve our collection of data, 
funding is included for climate change sensors. The National 
Polar-Orbiting Operational Environmental Satellite System 
(NPOESS), which was created to examine both weather and 
climate--has been mismanaged and downsized. In past years, 
critically important climate sensors have been unfunded and 
removed from the NPOESS satellite. This bill provides funds to 
restore the development of some of these sensors.
    Additionally, the Committee has tried to think creatively 
about how best to invest taxpayer dollars to address global 
warming. The Committee has added funding for a global climate 
change mitigation incentive fund at the Economic Development 
Administration. The Committee has also provided additional 
funds for: the development of several earth science missions at 
NASA; several NOAA programs; the creation of two new 
educational programs directed at climate change as recommended 
by the National Academies; and the Marine Mammal Commission for 
monitoring mammal adaptation to climate change.

                     Science and Science Education

    Another priority area of the Committee is science and 
innovation. If the United States is to maintain our leadership 
in science and technology and continue to be competitive in our 
global economy, robust investments must be made in research and 
development. This bill includes more than $28 billion in 
competitive research and science education funding almost a 
billion more than requested by the President.

                                Projects

    Congress has made significant reforms in the way it reviews 
funding for the Federal government; reforms which the Committee 
takes very seriously as it executes its constitutional 
authority. Earmarking or directed spending of Federal dollars 
does not begin with Congress. It begins with the Executive 
Branch. For example, following is a list of projects submitted 
by the Administration: the LaJolla Temporary Relocation 
facility, the Pacific Region Center, and the FBI Central 
Records Complex to name a few. The Administration, in selecting 
these projects, goes through a process that is the functional 
equivalent of earmarking. When the Committee reviews the budget 
request, it goes through a process of rigorous review and may 
alter or modify this list to reflect additional priorities.

                              Contractors

    The Executive Branch also engages in another practice which 
steers or directs money to specific entities or purposes 
through a process of contracting out various activities and 
services.
    In many important work locations, the number of people 
working for contractors exceeds the number of Federal employees 
in the same building or location. Many of these, in fact, are 
non-competitive or sole-sourced. When added together, the 
Executive Branch steers or directs far greater spending to 
specific projects or corporations than is directed or earmarked 
by Congress. And the practice of non-competitive contracting 
has exploded in the past five years.

               Reprogramming and Spending Plan Procedures

    The Committee continues to have a particular interest in 
being informed of reprogrammings which, although may not change 
either the total amount available in an account or any of the 
purposes for which the appropriations is legally available, 
represent a departure from budget plans presented to the 
Committee in an agency's budget justification, the basis of 
this appropriations Act. Therefore, section 505 of the bill 
contains specific guidance concerning the reprogramming of 
funds among programs and activities.
    The Committee is concerned that, in some instances, the 
departments or agencies funded within this appropriations bill 
are not adhering to the Committee's reprogramming policy and 
procedures. The Committee expects that each department and 
agency funded in the bill will follow the direction set forth 
in this report and in section 505 of the accompanying bill, and 
will not reallocate resources or reorganize activities prior to 
such compliance to submitting the required notifications to the 
Committee.
    These procedures apply to funds provided under this Act, or 
provided under previous appropriations Acts that remain 
available for obligation or expenditure in fiscal year 2008, or 
provided from any accounts in the Treasury available to the 
agencies funded by this Act. The Committee expects that the 
Chairman of the appropriations Subcommittee on the Departments 
of Commerce and Justice, and Science and Related Agencies will 
be notified by letter a minimum of 15 days prior to--
    (1) Reprogramming of funds, whether permanent or temporary, 
in excess of $500,000 or 10 percent, whichever is less, between 
programs or activities. This provision is also applicable in 
cases where several activities are involved with each receiving 
less than $500,000. In addition, the Committee is to be 
notified of reprogramming actions which are less than these 
amounts if such actions would have the effect of committing the 
agency to significant funding requirements in future years.
    (2) Increasing funds or personnel by any means for any 
project or activity for which funds have been denied or 
restricted.
    (3) Creating new programs, offices, agencies or commissions 
or substantially augmenting existing programs, offices, 
agencies or commissions.
    (4) Relocating offices or employees.
    (5) Reorganizing offices, programs, or activities.
    All reprogramming requests should include the out-year 
budget impacts as well as a separate accounting of all program 
or mission impacts on estimated carryover funds. Additionally, 
no changes may be made to any account or program element, 
except as approved by the Committee, if it is construed to be 
policy or a change in policy. Any activity or program cited in 
the report shall be construed as the position of the Committee 
and should not be subject to reductions or reprogramming 
without prior approval of the Committee. It is the intent of 
the Committee that all carryover funds in the various 
appropriations accounts are subject to the normal reprogramming 
requirements outlined above. All departments or agencies are 
expected to comply with all normal rules and regulations in 
carrying out these directives. Finally, the Committee expects 
any department or agency funded in the accompanying bill that 
is planning to conduct a reduction-in-force to notify the 
Committee by letter 30 days in advance of the date of the 
proposed personnel action.
    The reprogramming process is based on comity between the 
Appropriations Committee and the Executive Branch. The process 
is intended to provide flexibility to meet changing 
circumstances and emergency requirements of agencies. The 
process is intended to provide this flexibility while ensuring 
that Congressional intent is not disregarded. Reprogramming 
procedures apply where non-appropriated resources are used to 
meet program requirements, such as fee collections and 
unobligated balances that were not considered in the 
development of the appropriations legislation.
    In the absence of comity and respect for the prerogatives 
of the Appropriations Committee, and Congress in general, the 
Committee will have no choice but to severely restrict or 
eliminate reprogramming authority. Under these circumstances, 
programs, projects, and activities become strictly defined and 
the Executive Branch loses its ability to propose changes in 
the use of appropriated funds short of statutory change.
    The Committee notes that when a department or agency 
submits a reprogramming or transfer request to the 
Appropriations Committee and does not receive identical 
responses from the House and Senate, it is the responsibility 
of the department or agency seeking the reprogramming to 
reconcile the differences between the two bodies before 
proceeding. If reconciliation is not possible, the items in 
disagreement in the reprogramming or transfer request shall be 
considered unapproved.
    Finally, the Committee directs that the Departments of 
Commerce and Justice, the National Aeronautics and Space 
Administration, and the National Science Foundation to submit 
spending plans, signed by the respective department or agency 
head, for the Committee's review within 120 days of the bill's 
enactment.

                          Budget Presentation

    The primary purpose of budget justifications is to 
adequately inform the Committee on Appropriations concerning 
the Administration's budget request. Therefore, budget 
justifications should be submitted in a format with a 
sufficient level of detail to fully inform the Committee as to 
funding requests allowing for thorough analysis. The Committee 
directs that all departments and agencies funded within this 
bill submit all of their fiscal year 2009 budget justifications 
concurrently with the official submission of the 
administration's budget request to Congress. These 
justifications should include a sufficient level of detailed 
data, exhibits, and explanatory statements to support the 
appropriations requests. The fiscal year 2009 justifications 
should include detailed information on prior year, current 
year, and requested funding levels for each program, project or 
activity.
    Many of the budget submissions are inadequate and 
necessitate multiple requests for additional information. This 
process is inefficient and unnecessarily delays access to 
information that is fundamental to the work of the Committee. 
Budget justifications are prepared not for the use of the 
agencies, but are the primary tool of the Committee to evaluate 
the resources requirements and proposals requested by the 
Administration. The Committee expects all departments and 
agencies covered under this Act to consult with the Committee 
on budget presentation before submission of the fiscal year 
2009 budget request and justification materials.

                    TITLE I--DEPARTMENT OF COMMERCE

    The Committee recommendation includes a total of 
$7,063,448,000 in general purpose discretionary funds for the 
Department of Commerce for fiscal year 2008, which is 
$609,103,000 above fiscal year 2007 (excluding supplemental 
appropriations) and $467,641,060 above the request.

                  Trade and Infrastructure Development


                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION




Fiscal Year 2007 enacted..............................      $403,604,000
Fiscal Year 2008 request..............................       425,431,000
Recommended in the bill...............................       430,431,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +26,827,000
    Fiscal Year 2008 request..........................        +5,000,000


    The mission of the International Trade Administration is to 
create economic opportunity for U.S. workers and firms by 
promoting international trade, opening foreign markets, 
ensuring compliance with trade laws and agreements, and 
supporting U.S. commercial interests at home and abroad.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $430,431,000 in total 
resources for the programs of the International Trade 
Administration (ITA) for fiscal year 2008, which is $26,827,000 
above the current year level and $5,000,000 above the requested 
amount. Of the amount provided, $8,000,000 is to be derived 
from fee collections, instead of $13,000,000 as proposed in the 
budget request.
    The Committee understands the difficulties of attempting to 
balance both the positive and the negative effects of a free 
trade agenda. The Committee is determined to ensure that the 
United States Government upholds its responsibility to enforce 
trade laws, particularly with China. If trading partners do not 
abide by the rules that are set in the global trading system, 
United States firms are not competing on a level playing field. 
The United States Government has an obligation to ensure that 
United States companies are not forced to compete with foreign 
companies that are engaged in unfair trading practices.
    Import Administration.--The Committee recommendation 
includes $65,601,000 for the Import Administration (IA). This 
program investigates antidumping and countervailing duty cases 
to ensure compliance with applicable U.S. statutes and 
administers certain other statutory programs relating to 
imports and foreign trade zones. The Committee urges the ITA to 
implement proactive trade enforcement activities, including 
textile safeguard actions with respect to China's World Trade 
Organization Accession Agreement, bilateral quotas on non-WTO 
members, and textile provisions of the United States 
preferential programs and agreements.
    The Committee continues to direct IA to submit to the 
Committee, not later than 60 days after the enactment of this 
Act, a spending plan for all ITA units that incorporate any 
carryover balances from prior fiscal years. Further, beginning 
with the second quarter, the Committee expects this plan to be 
updated to reflect the obligation of funds on a quarterly 
basis.
    Office of China Compliance.--The Committee continues 
language designating $5,900,000 within the total for the Import 
Administration for this Office.
    The Committee reminds the Department that this Office was 
created to specialize in anti-dumping (AD) cases involving 
China, with special attention on small- and medium-sized 
domestic businesses. The Committee understands that only 
fifteen percent of the analysts in this office have Chinese 
language skills. The Committee continues its direction that the 
Office should consist of experienced investigators, 
accountants, trade analysts, and technical experts to 
aggressively investigate AD cases. The Committee expects to be 
notified of any impediments to hiring or retaining this 
expertise.
    Market Access and Compliance (MAC).--The Committee 
recommendation includes $42,960,000 for this purpose. The 
Committee continues to support the efforts of the ITA to 
aggressively enforce trade agreements. MAC develops strategies 
to overcome market access obstacles faced by U.S. businesses by 
monitoring foreign country compliance with multilateral and 
bilateral trade-related agreements and identifying compliance 
and other market access obstacles.
    Manufacturing and Services.--The Committee recommendation 
includes $49,564,000 for this purpose. This program focuses on 
both the domestic and international aspects of U.S. industrial 
competitiveness by working with U.S. industries to evaluate the 
needs of the U.S. manufacturing and service sectors; conducting 
economic and regulatory analysis to strengthen U.S. industry; 
obtaining input and advice from U.S. industries for trade 
policy setting; and participating, as appropriate, with ITA 
trade policy and negotiation advancement initiatives.
    Executive Direction and Administration.--The Committee 
recommendation includes $26,604,000 for the administrative and 
policy functions of ITA. These programs provide policy 
leadership, information technology (IT) support and 
administration services for all of ITA. Executive Direction 
includes the Office of the Under Secretary for International 
Trade and subordinate offices covering Legislative and 
Intergovernmental Affairs, Public Affairs, and the Office of 
the Chief Information Officer.
    Trade Promotion and the U.S. & Foreign Commercial 
Service.--The Committee recommendation includes $245,702,000 
for the U.S. & Foreign Commercial Service. The recommendation 
provides funding for two textile-related programs. The 
Commercial Service conducts trade promotion programs intended 
to broaden and deepen the base of U.S. exports, particularly of 
small and medium-sized firms; provides American companies with 
reliable advice on the range of public and private assistance 
available and knowledgeable support for all other Federal trade 
promotion services; offers export assistance through 
information, referral and follow-up services through its 
integrated global field network; ensures adequate support for 
compliance and leads interagency advocacy efforts for major 
overseas projects, including early involvement in project 
development and assistance to resolve post-export transaction 
problems.
    Travel Expenditures.--The Committee directs the Department 
to increase the number of investigative teams traveling to 
China and India, the sources of most trade complaints, to 
verify documentation of information provided by foreign 
companies. The Committee expects the Department to submit 
quarterly reports to the Committee regarding the ITA's travel 
expenditures, including separate breakouts of funding, number 
of trips and the purposes of travel to both China and India.

                    Bureau of Industry and Security


                     OPERATIONS AND ADMINISTRATION




Fiscal Year 2007 enacted..............................       $75,394,000
Fiscal Year 2008 request..............................        78,776,000
Recommended in the bill...............................        78,776,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +3,382,000
    Fiscal Year 2008 request..........................                 0


    The mission of the Bureau of Industry and Security (BIS) is 
to advance U.S. national security, foreign policy, and economic 
objectives by ensuring an effective export control and treaty 
compliance system and promoting continued U.S. strategic 
technology leadership.
    Management and Policy Coordination (MPC).--The Management 
and Policy Coordination program supports all Bureau performance 
goals. MPC develops, analyzes, and coordinates policy 
initiatives within BIS and on an interagency basis.
    Export Administration (EA).--The Export Administration 
carries out BIS programs related to export control regulations, 
export licenses, treaty compliance, treaty obligations relating 
to weapons of mass destruction, and the defense industrial and 
technology base to meet national security needs. EA regulates 
the export of dual-use items determined to require export 
licenses for reasons of national security, nonproliferation, 
foreign policy, or short supply; ensures that approval or 
denial of license applications is consistent with U.S. economic 
and security concerns; promotes an understanding of export 
control regulations within the business community; represents 
the Department in interagency and international fora relating 
to export controls, particularly multilateral regimes; monitors 
and seeks to ensure the availability of industrial resources 
for national defense analyzes the impact of export controls on 
strategic industries; and assesses the security consequences 
for the United States of certain foreign investments.
    Export Enforcement (EE).--The Export Enforcement program 
detects and prevents the illegal export of controlled goods and 
technology. EE investigates and helps sanction violators of 
U.S. export control, anti-terrorist and public safety laws and 
regulations; educates the business community to help prevent 
violations; and administers the Export Administration Act (EAA) 
(which expired on August 19, 2001, but the provisions of which 
remain in force under the International Emergency Economic 
Powers Act (IEEPA), Executive Order 13222, as extended most 
recently by the Notice of August 3, 2006 (71 Fed. Reg. 44551 
(August 7, 2006)) provisions restricting participation in 
foreign boycotts.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $78,776,000 for the Bureau of 
Industry and Security, which is $3,382,000 above the fiscal 
year 2007 level and the same as the request.

                  Economic Development Administration





Fiscal Year 2007 enacted..............................      $280,623,000
Fiscal Year 2008 request..............................       202,800,000
Recommended in the bill...............................       302,800,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +22,177,000
    Fiscal Year 2008 request..........................      +100,000,000


    The mission of the Economic Development Administration 
(EDA) is to lead the Federal economic development agenda by 
promoting innovation and competitiveness, preparing American 
regions for growth and success in the worldwide economy.

                        COMMITTEE RECOMMENDATION

    The recommendation includes $302,800,000 for the programs 
and administrative expenses of the EDA for fiscal year 2008, 
which is $100,000,000 above the request and $22,177,000 above 
fiscal year 2007. The total recommendation for EDA consists of 
the amounts appropriated in the following two accounts.

                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS




Fiscal Year 2007 enacted..............................      $250,741,000
Fiscal Year 2008 request..............................       170,000,000
Recommended in the bill...............................       270,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +19,259,000
    Fiscal Year 2008 request..........................      +100,000,000


    Economic Development Assistance Programs promote regional 
economic development efforts that benefit distressed 
communities, and especially distressed rural communities.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $270,000,000 for the 
Economic Development Assistance programs, an increase of 
$100,000,000 above the request and $19,259,000 above fiscal 
year 2007. The Committee rejects the proposal to create a 
Regional Development Account. The Committee continues funding 
for the traditional programs of the EDA to provide needed 
assistance to communities struggling with long-term economic 
dislocation, as well as sudden and severe economic dislocation.
    Of the amounts provided, $160,000,000 is for Public Works 
and Economic Development, $49,000,000 is for Economic 
Adjustment Assistance, $27,000,000 is for planning, $10,000,000 
is for technical assistance, including university centers, 
$13,500,000 is for trade adjustment assistance, and $500,000 is 
for research.
    The Committee notes mounting concern of the effect of 
global climate change and supports policies and strategies 
which contribute to sustainable ``green'' construction and 
resource conservation. The Committee thereby directs EDA to 
consider, with a favorable bias, as a part of its application 
process, proposals which incorporate such technologies and 
strategies which would reduce energy consumption, reduce 
harmful gas emissions and contribute to sustainability. The 
Committee recognizes that the incorporation of such 
capabilities in a project will result in initial increased 
construction costs. The Committee therefore directs EDA to 
establish a Global Climate Change Mitigation Incentive Fund 
(``Fund'') of $10,000,000 to be used to accommodate project 
costs associated with such mitigation efforts.
    The Committee directs EDA to provide a report and spend 
plan, no later than 90 days after enactment of the Act, on the 
``Fund''. The report should detail the scope of the fund, the 
criteria for approval of fund expenditures, and the methodology 
EDA will employ when reviewing grants.
    The Committee strongly believes that economic 
diversification and innovation, fueled by entrepreneurship, 
promote robust, sustainable economic growth and the 
competitiveness of American communities and regions. The 
Committee encourages EDA to incorporate into its project 
evaluation and selection criteria greater consideration for 
projects that diversify the local regional economy, support the 
development of new regional economic drivers and emerging 
industry clusters, advance innovation, entrepreneurship and 
technology transfer, and encourage the commercialization of new 
technologies.

                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................       $29,882,000
Fiscal Year 2008 request..............................        32,800,000
Recommended in the bill...............................        32,800,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +2,918,000
    Fiscal Year 2008 request..........................                 0


    The administration of EDA's Economic Development Assistance 
Programs is carried out through a network of headquarters and 
regional offices. These activities include pre-application 
assistance and development, application processing, and project 
monitoring as well as general support functions such as 
economic development research, technical assistance, 
information dissemination, legal and environmental compliance, 
financial management, budgeting, and debt management.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $32,800,000 for the 
salaries and expenses of the EDA, the same as the request and 
$2,918,000 above fiscal year 2007.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT




Fiscal Year 2007 enacted..............................       $29,725,000
Fiscal Year 2008 request..............................        28,701,000
Recommended in the bill...............................        31,225,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +1,500,000
    Fiscal Year 2008 request..........................        +2,524,000


    The mission of the Minority Business Development Agency 
(MBDA) is to achieve entrepreneurial parity for Minority 
Business Enterprises (MBEs) by promoting their ability to grow 
and to compete in the global economy. MBDA helps minority-owned 
businesses obtain access to public and private debt and equity 
financing, market opportunities, and management and business 
information to increase business growth in the minority 
business community.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $31,225,000 for the 
Minority Business Development Agency for fiscal year 2008. The 
recommendation is $2,524,000 above the request and $1,500,000 
above fiscal year 2007. Within this amount, $250,000 is 
provided for the preservation and revitalization of the Moore 
Street Market in Williamsburg, Brooklyn, NY.
    The Committee is concerned with the proposed reduction of 
Native American Business Centers (NABECs). The Committee 
opposes any action to reduce the number of NABECs from the 
current level and expects MBDA to continue supporting at least 
eight centers nation-wide at a level commensurate with the 
average level of funding provided to Minority Business 
Enterprise Centers.

                Economic and Information Infrastructure

    This section includes the Department of Commerce agencies 
responsible for the Nation's basic economic and technical 
information infrastructure, as well as the administrative 
functions to oversee the development of telecommunications 
policy.

                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................       $79,751,000
Fiscal Year 2008 request..............................        85,000,000
Recommended in the bill...............................        86,500,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +6,749,000
    Fiscal Year 2008 request..........................        +1,500,000


    The mission of the Bureau of Economic Analysis (BEA) is to 
promote the understanding of the U.S. economy by providing 
timely, relevant, and accurate economic accounts data. These 
statistics are key ingredients in decisions affecting interest 
and exchange rates, tax and budget projections, business 
investment plans, and the allocation of over $215 billion in 
Federal funds, including programs such as Medicaid and 
Temporary Assistance for Needy Families (TANF), among others. 
BEA prepares national, regional, industry and international 
accounts that present essential information on such issues as 
economic growth, regional economic development, inter-industry 
relationships and the Nation's position in the world economy.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $86,500,000, which is 
$1,500,000 above the request and $6,749,000 above fiscal year 
2007, for the Economic and Statistical Analysis programs of the 
Department of Commerce, including the BEA, for fiscal year 
2008.
    Expansion of Regional Data.--An additional $1,500,000 is 
provided to the Bureau of Economic Analysis to expand and 
improve timeliness of regional data to benefit state and local 
officials and economic development organizations. This funding 
will enable BEA to develop and publish gross metropolitan 
product data and accelerate the availability of county-level 
income data. The Committee directs BEA to report on the status 
of this effort on a quarterly basis during fiscal year 2008.
    Research and Development Initiative.--The Committee fully 
supports the effort by BEA to measure the impact of research 
and development activity in the National Income and Product 
Accounts (NIPAs) and Gross Domestic Product (GDP) accounts. 
This Committee recommends the full funding request of 
$2,080,000 for this effort.
    The Committee is concerned that currently the government 
lacks adequate statistics on the effects of offshoring and 
outsourcing on U.S. jobs. There is evidence that the phenomenon 
is growing, and increasingly is displacing jobs of U.S. 
workers. Recent reports have suggested that the volume of 
imports may be underestimated and that this may cause esimates 
of growth in U.S. manufacturing production to be overestimated 
by as much as 40%. The 20 to 1 gap between data from India 
showing $8.7 billion in sales of business, professional and 
technical services to the U.S. and its companies and BEA data 
identifying only $420 million in imports of such services 
raises additional questions. Even if new BEA initiatives narrow 
the dollar gap in services trade somewhat, it will still leave 
unanswered key questions about the effects of imported goods 
and services on U.S. blue collar and white collar jobs.
    The Committee directs BEA, working with other agencies as 
appropriate, to submit a report not later than November 30, 
2007, which examines the effect of both offshoring work abroad 
and outsourcing of imported labor domestically and how data can 
be improved labor domestically and how data can be improved in 
the future. The report should examine the following: 1) how 
best to estimate the effects of offshoring on U.S. production 
and jobs; 2) how companies doing the most offshoring in either 
absolute or relative terms have changed a) the size or 
occupational structure of their jobs in the U.S., b) the 
companies' purchases from other U.S. suppliers, c) growth of 
their R&D expenditures either domestically or abroad, d) their 
rates of profitability, and, e) the trend in these companies' 
use of H-1B and L-1 visas. The report should consider the 
effects of offshoring on both blue-collar workers and white-
collar workers.

                          Bureau of the Census





Fiscal Year 2007 enacted..............................      $893,012,000
Fiscal Year 2008 request..............................     1,230,244,000
Recommended in the bill...............................     1,232,244,000
Bill compared with:
    Fiscal Year 2007 enacted..........................      +339,232,000
    Fiscal Year 2008 request..........................        +2,000,000


    The mission of the Bureau of the Census (Census), is to 
serve as the leading source of quality data about the Nation's 
people and economy. To accomplish this mission, Census measures 
those trends and segments of our population and economy most 
critical to continued American success and prosperity.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes a total operating 
level of $1,232,244,000 for the Bureau of the Census, which is 
$2,000,000 above the request and $339,232,000 above fiscal year 
2007.

                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................      $196,647,000
Fiscal Year 2008 request..............................       202,838,000
Recommended in the bill...............................      -196,838,000
Bill compared with:
    Fiscal Year 2007 enacted..........................          +191,000
    Fiscal Year 2008 request..........................        -6,000,000


    The activities of this appropriation provide for the 
collection, compilation, and publication of a broad range of 
current economic, demographic, and social statistics.
    Current economic statistics.--The business statistics 
program provides current information on sales and related 
measures of retail and wholesale trade and selected service 
industries. Construction statistics are provided on significant 
construction activity, while manufacturing statistics survey 
key industrial commodities and manufacturing activities, 
providing current statistics on the quantity and value of 
industrial output.
    General economic statistics.--Provides a Business Register 
of all U.S. business firms and their establishment, uniform 
classification data based on the North American Industry 
Classification System (NAICS), annual county business data, 
corporate financial data, e-commerce estimates, and an economic 
research program.
    Foreign trade statistics.--Provides for publication of 
monthly and annual reports on imports and exports, which covers 
the Census Bureau's responsibilities under the Trade Act of 
1974.
    Current demographic statistics.--Household surveys provide 
information on the social and economic characteristics of the 
population. The Census Bureau also provides current reports and 
future projections on the geographic and demographic 
characteristics of the U.S. population. International 
statistics provide estimates of demographic and economic 
characteristics for various countries.
    Survey development and data services.--The Statistical 
Abstract of the United States summarizes Government and private 
statistics of the industrial, social, political, and economic 
activities of the United States. This function also supports 
general research on survey methods and techniques to improve 
the efficiency, accuracy, and timeliness of statistical 
programs.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $196,838,000 for the 
salaries and expenses of the Bureau of the Census for fiscal 
year 2008, which is $6,000,000 below the request and $191,000 
above fiscal year 2007.
    Survey of Income and Program Participation (SIPP).--The 
Committee is concerned that the plan to replace the SIPP with 
the Dynamics of Economic Well-Being (DEWS) survey will result 
in significant data gaps. It has become clear that the DEWS 
survey has significant design flaws and would be an inadequate 
replacement for SIPP. Moreover, the Committee understands that 
the current design schedule for DEWS would result in a data gap 
exceeding one year. The Committee directs the Bureau of the 
Census to suspend activity on the DEWS survey development and 
redirect the funding planned for DEWS to restore the SIPP 
program. Further, the Committee has provided an additional 
$19,000,000 to enable the SIPP survey to collect a full sample 
of 45,000 participants so that Federal, state and local policy-
makers have the information they need to make decisions on a 
range of programs that provide significant public benefits. The 
Committee directs the Bureau to work with stakeholders to 
reengineer the SIPP to develop a more accurate and timely 
survey to capture the economic dynamics of the country.

                     PERIODIC CENSUSES AND PROGRAMS




Fiscal Year 2007 enacted..............................      $696,365,000
Fiscal Year 2008 request..............................     1,027,406,000
Recommended in the bill...............................     1,035,406,000
Bill compared with:
    Fiscal Year 2007 enacted..........................      +339,041,000
    Fiscal Year 2008 request..........................        +8,000,000


Economic statistics programs

    Economic census.--The economic census provides data on 
manufacturing, utilities, mining, retail and wholesale trade 
service, construction and transportation industries. The census 
is taken every fifth year, covering calendar years ending in 
two and seven.
    Census of governments.--The census of governments is taken 
every fifth year for calendar years ending in two and seven. 
The focus for 2008 is the collection and processing of data for 
the employment phase; data collection and processing of 
information from states and other sources for the finance 
phase; and creation of the universe frame and development of 
organizational information for the organization phase of the 
census.

Demographic statistics programs

    Intercensal demographic estimates.--In years between 
decennial censuses, this program develops annual estimates of 
the population for the Nation, states, metropolitan areas, 
counties and functioning governmental units. These data are 
used for a variety of purposes including the allocation of 
nearly $200 billion in Federal funds, as controls for a variety 
of Federally sponsored surveys, as denominators for vital 
statistics and other health and economic indicators, and for a 
variety of Federal, state, and private program planning needs.
    2010 decennial census program.--Funds for the 2010 Census 
program support three key components designed to reduce risk, 
improve accuracy, provide more relevant data, and contain cost. 
They are: (1) a rigorous, multi-year planning, development, and 
testing process; (2) continuation of the fully implemented 
American Community Survey (ACS) to replace the census long-form 
and provide detailed data annually; and (3) enhancing the 
Census Bureau's geographic database by correcting and aligning 
street location information with Global Positioning System 
(GPS) coordinates.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes a total of 
$1,035,406,000 for all periodic censuses and related programs 
in fiscal year 2008, which is $8,000,000 above the request and 
$339,041,000 above fiscal year 2007.

                        [In thousands of dollars]

                                                          Recommendation
Decennial Census 2010:
    Program Development and Management..................           3,047
    Content, Questionnaires, and Products...............          33,808
    Field Data Collection & Support.....................         288,750
    Automated Data Collection & Support.................         153,211
    Design, Methodology, and Evaluation.................          42,843
    Census Test and Dress Rehearsal.....................          44,607
                    --------------------------------------------------------
                    ____________________________________________________
      Total, Decennial Census 2010, Re-engineered Design 
      Process...........................................         566,266

    Partnerships.--The Committee provides an additional 
$13,000,000 for the Bureau of the Census to support partnership 
and outreach efforts in preparation for the 2010 Decennial 
Census with specific focus being placed on hard to reach 
populations. These funds should be used to hire additional 
personnel who have expertise in developing partnerships for the 
2010 census, provide other support for Regional Partnership and 
Data Services Programs, and not less than $1,000,000 for a 
national partnership program administered from Census 
headquarters. The census partnership program, which was not 
included in the budget request, is a vital component of the 
effort to obtain the most accurate decennial census count 
possible. The funding provided for the program will help enlist 
community leaders to encourage their constituencies to fill out 
their census forms, emphasizing the importance of the census to 
their local community and education system. This outreach is 
particularly important in communities that are difficult to 
count. The Committee takes note of testimony by the Census 
Bureau that increasing the mail-back response rate through 
promotional efforts such as these partnerships results in 
substantial savings in the non-response follow up enumeration.
    Language Assistance Programs.--While the Census Bureau 
should be commended for the work it has done to ensure that 
Spanish speakers receive adequate assistance in filling out 
their census questionnaires, the Committee is concerned that 
the Census Bureau has not adequately planned for assistance in 
other languages during the 2010 Census and the ACS. The Census 
Bureau should provide the Committee with updates on a quarterly 
basis on its language assistance program, including information 
on how it will reach and assist respondents who speak Asian, 
American Indian and Alaska Native languages, Spanish, and other 
languages spoken by ethnic immigrants in the United States.
    Data on small population groups.--The Committee is 
concerned about the availability of data on small population 
groups, especially Asian, Hispanic, Pacific Islander, and other 
national origins subgroups, from the American Community Survey 
and decennial census. In many ethnic and immigrant communities, 
gathering accurate information about smaller subgroups is 
extremely important for policymakers, as the needs among the 
various populations vary significantly. The Committee urges the 
Census Bureau to ensure that reliable information about these 
subgroups, especially numerically smaller groups, is collected 
and published, and directs the Bureau to report back within 90 
days of enactment describing the steps it will take to ensure 
the availability and accuracy of these data.
    The Committee appreciates the efforts of the Census Bureau 
to consider new options for reporting data reflecting all 
citizens of the United states, including Puerto Rico.
    Demographic surveys sample redesign.--The demographic 
surveys sample redesign program takes updated information on 
the location and characteristics of the American population and 
uses that up-to-date snapshot to select representative samples 
of the population.
    Geographic support.--This activity's goal is to determine 
the correct location of every residential and business 
establishment address in the U.S. and its territories. Major 
components include the Master Address File (MAF), a 
geographically-assigned address list for the nation, and the 
Topologically Integrated Geographic Encoding and Referencing 
(TIGER) database, which provides maps and geographic 
information for data tabulation. Together, they provide 
essential information and products critical for conducting many 
of the Census Bureau's programs.
    American Community Survey (ACS).--The Committee 
recommendation includes $187,196,000 for the ACS, which is the 
same as the request, and $10,749,000 above the current year 
level. The Committee fully supports the Census Bureau's efforts 
to collect long-form data on an on-going basis rather than 
waiting for once-a-decade decennial long-form data.
    Non-Decennial Programs.--The Committee recommendation 
includes $230,292,000 for non-decennial periodic census 
programs, the same amount as in the request, and $47,209,000 
above the current year level.
    Language is continued regarding changes to the race 
category for collection and dissemination purposes.

                        [In thousands of dollars]

        Non-Decennial Programs                            Recommendation
Other Periodic Programs:
    Economic Censuses...................................         127,958
    Census of Governments...............................           8,783
                    --------------------------------------------------------
                    ____________________________________________________
     Subtotal, Other Periodic Programs..................         136,741

Demographic Statistics Programs:
    Intercensal Demographic Estimates...................          10,162
    Demographic Survey..................................          11,280
    Geographic Support..................................          41,114
    Data Processing Systems.............................          30,995
                    --------------------------------------------------------
                    ____________________________________________________
     Subtotal, Demographic Programs.....................          93,551
                    --------------------------------------------------------
                    ____________________________________________________
    Total, Non-Decennial Programs.......................         230,292

       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................       $18,062,000
Fiscal Year 2008 request..............................        18,581,000
Recommended in the bill...............................        18,581,000
Bill compared with:
    Fiscal Year 2007 enacted..........................          +519,000
    Fiscal Year 2008 request..........................                 0


    The National Telecommunications and Information 
Administration (NTIA) serves as the President's principal 
adviser on telecommunications and information policy matters 
and develops forward-looking spectrum policies that ensure 
efficient and effective spectrum access and use. NTIA manages 
all spectrum use by Federal government departments and agencies 
and examines how the radio frequency spectrum is used and 
managed in the United States. NTIA advocates for policies and 
conducts technical research that supports delivery of the 
latest telecommunications technology and services to all 
Americans.
    Domestic and international policies.--NTIA develops and 
advocates policies to improve and expand domestic 
telecommunications services and markets. NTIA provides advice 
to White House officials, coordinates with other Executive 
Branch agencies, and participates in relevant Congressional 
actions and interagency and Federal Communications Commission 
(FCC) proceedings on a host of issues. NTIA advocates the 
advancement of U.S. priorities in international 
telecommunications policy and regulatory areas.
    Spectrum management.--NTIA manages the Federal government's 
use of the radio frequency spectrum, both domestically and 
internationally.
    Telecommunication sciences research.--NTIA develops 
improved spectrum measurement techniques to address the 
increasing use of broadband technologies, including digital 
signals, spread-spectrum, and frequency agile systems.
    Digital Television Transition And Public Safety Fund.--The 
Digital Television Transition and Public Safety Fund, created 
by the Deficit Reduction Act of 2005, receives offsetting 
receipts from the auction of licenses to use electromagnetic 
spectrum recovered from discontinued analog television signals 
and provides funding for several programs from these receipts. 
The Act specifies that recovered spectrum, aside from 24 
megahertz dedicated for public safety use, will be auctioned by 
the Federal Communications Commission in 2008 and identifies 
the distribution of revenue for deficit reduction and program 
purposes as identified below. Receipts exceeding amounts 
specified for authorized programs will be returned to the 
general fund of the Treasury. The Act also provides borrowing 
authority to the Department of Commerce to commence specified 
programs prior to the availability of auction receipts to fund 
the following activities:
           Digital-to-Analog Converter Box Program;
           Public Safety Interoperable Communications;
           New York City 9/11 Digital Transition;
           Assistance to Low-Power Television Stations;
           National Alert and Tsunami Warning Program; 
        and
           Implement the ENHANCE 911 Act of 2004.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $18,581,000 for the 
Salaries and Expenses appropriation of the NTIA, which is the 
same as the request and $519,000 above fiscal year 2007.
    The Committee notes that while some progress has been made 
in providing resources for public safety communications 
equipment, not nearly enough progress has been made in putting 
in place interoperable communications networks for our public 
safety agencies. The Committee believes this new program 
provides a unique opportunity to put in place model programs 
across the country, that provide immediate local, state and 
regional interoperable networks. Further, by supporting 
innovative model programs, this new program will help provide 
guidance for how best to establish a nationwide interoperable 
network.
    The Committee understands that there are model programs 
planned or underway using public broadcast stations to enhance 
communications capabilities for local, state, regional 
emergency response officials. Specifically, the Committee 
requests NTIA to review the unique datacasting capabilities of 
public broadcast stations and report back to the Committee on 
how best to maximize their use for purposes of improving sate 
and regional emergency preparedness.

    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION




Fiscal Year 2007 enacted..............................       $21,728,000
Fiscal Year 2008 request..............................                 0
Recommended in the bill...............................        21,728,000
Bill compared with:
    Fiscal Year 2007 enacted..........................                 0
    Fiscal Year 2008 request..........................       +21,728,000


    The Public Telecommunications Facilities, Planning, and 
Construction (PTFPC) program awards competitive grants that 
help public broadcasting stations, State and local governments, 
Indian tribes and nonprofit organizations construct facilities 
to bring educational and cultural programming to the American 
public using broadcasting and non-broadcasting 
telecommunications technologies.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $21,728,000 for 
PTFPC, which is the same as fiscal year 2007. The President's 
request proposed to eliminate funding for this program.
    The Committee notes that the PTFPC program is a critical 
source of funding for ongoing infrastructure needs that enable 
public telecommunications facilities to remain on-air, 
particularly in under-served, rural areas. The Committee also 
notes that this program provides a primary source of funding 
for telecommunications infrastructure assistance for public 
radio and television stations seeking assistance after 
disasters such as 9-11 and hurricanes in the gulf region.

               United States Patent and Trademark Office


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................    $1,771,000,000
Fiscal Year 2008 request..............................     1,915,500,000
Recommended in the bill...............................     1,915,500,000
Bill compared with:
    Fiscal Year 2007 enacted..........................      +144,500,000
    Fiscal Year 2008 request..........................                 0


    The United States Patent and Trademark Office (PTO) is 
charged with administering the patent and trademark laws of the 
United States. PTO examines patent applications, grants patent 
protection for qualified inventions, and disseminates 
technological information disclosed in patents. The PTO also 
examines trademark applications and provides Federal 
registration to owners of qualified trademarks. The PTO advises 
the Office of the United States Trade Representative on 
enforcement issues in connection with free trade agreements and 
participates in consultations with numerous foreign governments 
on a broad range of issues related to the enforcement of 
intellectual property rights.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $1,915,500,000 for 
the PTO for fiscal year 2008, which is the same as the request 
and $144,500,000 above fiscal year 2007, to be derived from 
offsetting fee collections.
    The Committee remains concerned over the number of patent 
and trademark backlogs within the Patent and Trademark Office 
(PTO). Despite aggressive hiring and retention policies and the 
increased use of telework the patent and trademark backlog has 
not yet been reduced, and in fact, is estimated to increase in 
the coming years. The Committee requests that the PTO submit to 
the Committee, no later than 90 days after enactment of this 
Act, PTO's current and planned hiring efforts, current efforts 
and statistics on the retention of examiners, the affect 
additional staff and policy changes will have on reducing the 
backlog, and the impact of the backlog on technological 
innovations and American competitiveness.

                         Science and Technology


                       Technology Administration


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................        $2,020,000
Fiscal Year 2008 request..............................         1,557,000
Recommended in the bill...............................         1,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        -1,020,000
    Fiscal Year 2008 request..........................          -557,000


                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $1,000,000 for 
necessary expenses of the Under Secretary for Technology, which 
is $557,000 below the request and $1,020,000 below fiscal year 
2007. Funding is provided to cover necessary costs associated 
with the elimination of the position of Under Secretary for 
Technology, as proposed in the budget request. The Committee 
understands that many of the functions of the Under Secretary 
will be carried out by the Secretary's office.
    While approving this reorganization, the Committee urges 
the Department to enhance its efforts in advocating for 
technological innovation in the government policy arena and 
other key national and international organizations; analyzing 
factors that affect U.S. technological innovation and 
competitiveness; developing and promoting measurements, 
standards, and technology to enhance productivity, trade, and 
the quality of life; and providing access to information that 
stimulates innovation and discovery.

             National Institute of Standards and Technology

    The National Institute of Standards and Technology (NIST) 
promotes U.S. innovation and industrial competitiveness by 
advancing measurement science, standards, and technology in 
ways that enhance economic security and improve our quality of 
life.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $778,201,000 for NIST 
for fiscal year 2008, which is $137,487,000 above the request 
and $101,325,000 above fiscal year 2007.

             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES




Fiscal Year 2007 enacted..............................      $434,371,000
Fiscal Year 2008 request..............................       500,517,000
Recommended in the bill...............................       500,517,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +66,146,000
    Fiscal Year 2008 request..........................                 0


    To carry out its mission, NIST has an intramural research 
program made up of laboratories and technical programs and 
national research facilities. NIST also manages the Baldridge 
National Quality Program.
    NIST Laboratories: Laboratories and Technical Programs.--
These programs develop and disseminate measurement techniques, 
reference data and materials, test methods, standards, and 
other infrastructural technologies and services required by 
U.S. industry. Eight technical subactivities within this 
program concentrate on measurements and standards work in the 
following areas: electronics and electrical engineering, 
manufacturing engineering, chemical science and technology, 
physics, materials science and engineering, building and fire 
research, computer science and applied mathematics, and 
standards and technology services. These programs also include 
centrally managed activities that provide support to NIST 
programs, including research to build new capabilities 
necessary to maintain state-of-the-art knowledge to address 
measurements and standards opportunities, a nationally 
competitive postdoctoral research associates program, and 
computer and business systems support.
    National Research Facilities.--These include the NIST 
Center for Neutron Research (NCNR) and the Center for Nanoscale 
Science and Technology (CNST). As the Nation's premier neutron 
research user facility, the NCNR provides an intense source of 
neutrons used to probe the molecular and atomic structure and 
dynamics of a wide range of materials. The CNST leverages the 
unique capabilities of the NIST Advanced Measurement Laboratory 
complex, providing state-of-the-art facilities for 
nanomanufacturing and nanometrology where researchers from 
industry, universities and other Federal laboratories can 
collaborate in solving critical measurement and fabrication 
issues necessary to convert nano-discoveries into products.
    Baldridge National Quality Program.--This program promotes 
U.S. competitiveness in business, health care, education, and 
non-profit organizations through performance excellence 
criteria and other information transfer, and management of the 
Malcolm Baldridge National Quality Award.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $500,517,000 for 
NIST's scientific and technical core programs, which is 
$66,146,000 above fiscal year 2007 and the same as the request.
    The Committee is pleased that the budget request includes a 
number of items associated with the Innovation Agenda, and 
fully supports the proposed increases over the enacted budget 
in a range of activities including: nanotechnology 
measurements; innovation through quantum science; medical 
technology bio-imaging; measurements and standards for climate 
changes science; next generation materials; and other 
activities that will help advance innovation, economic 
competitiveness, and national goals such as public safety and 
environmental stewardship.
    The Committee commends NIST on its report, ``An Assessment 
of the United States Measurement System: Addressing Measurement 
Barriers to Accelerate Innovation,'' which outlined significant 
measurement barriers to innovation that impact our Nation's 
global economic competitiveness. The Committee is pleased at 
the extent to which industry, universities, and other 
government agencies were involved in the development of the 
report. The Committee encourages NIST to continue its efforts 
to address the recommendations in the report including creating 
partnerships among public- and private-sector stakeholders to 
focus attention and action on the most significant measurement 
barriers to innovation, fostering strategic public-sector 
investments in measurement R&D to accelerate technological 
innovation, prioritizing measurements needs, and using the 
assessment in NIST's own strategic planning decisions.

                     INDUSTRIAL TECHNOLOGY SERVICES




Fiscal Year 2007 enacted..............................      $183,819,000
Fiscal Year 2008 request..............................        46,332,000
Recommended in the bill...............................       201,819,000
Bill compared with:
    Fiscal Year 2007 enacted..........................           +18,000
    Fiscal Year 2008 request..........................      +155,487,000


    The Manufacturing Extension Partnerships (MED) program 
consists of a network of centers that provide business support 
and technical assistance services, and helps improve the 
productivity and competitiveness of small manufacturers. The 
centers are funded from matching Federal and State or local 
resources and fees charged for services.
    The Advanced Technology Program (ATP) program is a 
competitive, cost-shared program that helps U.S. companies 
develop break-through technologies.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $201,819,000 which is 
$155,487,000 above the request and $18,000,000 above fiscal 
year 2007. Of this amount, $93,062,000 is provided for the 
Advanced Technology Program (ATP) and $108,757,000 is provided 
for the Hollings Manufacturing Extension Partnerships (MEP) 
Program.
    The Committee notes that a significant reauthorization for 
the ATP program has passed the House of Representatives, which 
re-establishes the program as the Technology Innovation Program 
(TIP) and makes a number of changes to the eligibility criteria 
and goals of the program. The Committee intends to support the 
newly authorized TIP program should this authorization be 
enacted into law prior to or during fiscal year 2008.

                  CONSTRUCTION OF RESEARCH FACILITIES




Fiscal Year 2007 enacted..............................       $58,686,000
Fiscal Year 2008 request..............................        93,865,000
Recommended in the bill...............................       128,865,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +71,179,000
    Fiscal Year 2008 request..........................           +35,000


    This appropriation supports the construction of new 
facilities and the renovation and maintenance of NIST's current 
buildings and laboratories to comply with scientific and 
engineering requirements and to keep pace with Federal, State, 
and local health and safety regulations. Funding is provided to 
expand the NIST Center for Neutron Research to better 
characterize materials in high growth research fields, design 
and construct a new building extension at the NIST labs in 
Boulder, Colorado, and strengthen maintenance, repairs, and 
safety at NIST's facilities.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $128,865,000 for 
construction and major renovations of NIST campuses at Boulder, 
CO, and Gaithersburg, MD, and at other facilities which is 
$35,000,000 above the request, and $70,179,000 over fiscal year 
2007.
    The Committee fully supports funding increases associated 
with the Innovation Agenda, including the Building 1 Extension, 
which will improve measurement science at the atomic scale, and 
the Center for Neutron Research (NCNR) expansion and 
reliability improvements, which will increase NIST's neutron 
research capacity by 30 percent, serving an additional 500 
researchers each year.
    The Committee also provides $35,000,000 for competitive 
construction grants, for research science buildings. The 
research buildings should span all the applicable science, as 
they relate to the Department of Commerce. These grants shall 
be awarded to colleges, universities, and other non-profit 
science research organizations on a competitive basis. The 
Committee directs NIST, no later than 90 days after enactment 
of the Act, to report to the Committee the criteria it will use 
in reviewing and ranking grant proposals.

            National Oceanic and Atmospheric Administration

    The National Oceanic and Atmospheric Administration's 
(NOAA) mission is to understand and predict changes in the 
Earth's environment and conserve and manage coastal and marine 
resources to meet our Nation's economic, social, and 
environmental needs. NOAA supplies information on the oceans 
and atmosphere, provides stewardship of our coastal and marine 
environment, and leads scientific research in such fields as 
ecosystems, climate, global climate change, weather, and water.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes a total of 
$3,950,479,000 in discretionary appropriations for the National 
Oceanic and Atmospheric Administration (NOAA), which is 
$140,895,000 above the request and an increase of $56,972,000 
above fiscal year 2007, not including supplemental amounts. As 
part of this Committee's science policy responsibilities, funds 
have been added to NOAA to address global climate change. The 
Committee has directed the Administrator of NOAA to enter into 
an agreement with the National Academies to study and 
investigate global climate change. Further information on this 
agreement can be found under the heading, ``Office of Oceanic 
and Atmospheric Research''.

                  OPERATIONS, RESEARCH AND FACILITIES

                     [INCLUDING TRANSFER OF FUNDS]




Fiscal Year 2007 enacted..............................    $2,741,131,000
Fiscal Year 2008 request..............................     2,766,866,000
Recommended in the bill...............................     2,850,556,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       110,281,000
    Fiscal Year 2008 request..........................        83,690,000


                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes a total program level 
of $2,941,556,000 under this account for the coastal, 
fisheries, marine, weather, satellite and other programs of the 
National Oceanic and Atmospheric Administration. This total 
funding level includes $2,847,556,000 in direct appropriations, 
a transfer of $77,000,000 from balances in the ``Promote and 
Develop Fishery Products and Research Pertaining to American 
Fisheries'' account, a transfer of $3,000,000 from the Coastal 
Zone Management Fund, and $11,000,000 in deobligated balances 
from prior year obligations. The direct appropriation of 
$27,565,560,000 is $93,131,000 above the request and 
$110,281,000 above the fiscal year 2007 level, not including 
supplemental amounts.
    The following narrative descriptions and tables identify 
the specific activities and funding levels included in this 
Act:
    National Ocean Service (NOS).--The Committee recommendation 
includes $448,950,000 for NOS operations, research and 
facilities, which is $12,161,000 above the request and a 
decrease of $10,253,000 below the current year. The 
recommendation includes $144,796,000 for Navigation Services 
activities, including $31,173,000 to address the hydrographic 
survey backlog detailed in the National Survey Plan. The 
Committee expects NOAA to propose a distribution of the 
$24,802,000 recommended for Geodesy programs through the 
reprogramming process detailed under section 505 of this Act. 
Within this amount, the Committee encourages NOAA to consider 
the continuation of funding for high-priority State geodesy and 
height modernization initiatives.
    The Committee recommendation includes $144,934,000 for 
Ocean and Coastal Management, which is $8,236,000 above the 
requested level, and $1,661,000 above fiscal year 2007. Within 
the recommended amount, an additional $8,236,000 over the 
requested level is provided for the National Marine Sanctuaries 
Program base.
    Under the National Oceanic and Atmospheric Administration's 
National Ocean Service (NOS), the National Marine Sanctuary 
Program, Center for Operational Oceanographic Products and 
Services, and the Coastal Services Center shall all be elevated 
to program office status. This new designation for these 
programs will enhance service delivery and organizational 
efficiency for NOS personnel and users without creating 
additional costs.
    National Marine Fisheries Service (NMFS).--The 
recommendation provides $702,446,000 for NMFS operations, which 
is $2,133,000 below the request and $18,985,000 above fiscal 
year 2007. The recommendation for Protected Species Research 
and Management includes $67,735,000 for Pacific Salmon, which 
is the same level as the requested level.
    The recommendation provides a total of $74,909,000 for 
Other Activities Supporting Fisheries. Of the amount provided, 
an additional $1,000,000 above the request is provided for 
Antarctic Research, and $1,104,000 above the request is 
provided for Chesapeake Bay Studies.
    Oceanic and Atmospheric Research (OAR).--The recommendation 
includes $410,018,000 for operations, research and facilities, 
which is $51,641,000 above the request and $46,480,000 above 
fiscal year 2007.
    Within Climate Research, an additional $3,000,000 is 
provided for additional research supercomputing to support the 
assessment of abrupt climate change, $20,000,000 is provided 
for competitive research grants, $6,500,000 is provided to 
sustain the Argo float program, $6,500,000 is for upgrading the 
Tropical Atmospheric Ocean array, and $1,300,000 is provided 
for the U.S. Global Climate Observing System.
    The Committee recognizes that NOAA has multiple ocean 
observing systems, including arrays, buoys, floats, and 
drifting and moored stations. While the Committee is providing 
additional funding to continue these important observing 
systems, it remains concerned about the long-term plans for 
these ocean observing systems. Therefore, NOAA is directed to 
provide a report to the Committee, no later than 90 days after 
enactment, which describes each ocean observing system, its 
current status in regards to operations and maintenance, and 
NOAA's future plans for either sustaining or upgrading each 
observing system, and the associated costs.
    The recommendation includes $13,488,000 for Ocean, Coastal, 
and Great Lakes Research. Within this amount $57,400,000 is 
provided for the Sea Grant program, which is $3,500,000 above 
the request, and $4,541,000 is provided for Invasive Species 
and other Partnership Programs which was marked for elimination 
in the request. The Committee remains concerned about the 
continuing outbreaks of Viral Hemorrhagic Septicemia (VHS) in 
the Great Lakes region, and the affect of these outbreaks on 
the Great Lakes fisheries and surrounding ecosystem.
    Climate Change Science Program.--The Committee is concerned 
about the leadership of the U.S. Climate Change Science Program 
(CCSP). The Assistant Secretary of Commerce for Oceans and 
Atmosphere serves as the Director of the CCSP, but for the past 
year this position has remained vacant as the Administration 
has not yet nominated a replacement. The Directorship of the 
CCSP is too important a position to remain vacant or to having 
persons serving on a temporary basis, and the current position 
of the Administration reflects its lack of resolve in ensuring 
that the goals of the CCSP are met. To ensure a coordinated 
effort in response to global change, the Directorship must be 
filled to ensure that the proper oversight and coordination 
occurs amongst the thirteen federal agencies. The Committee 
urges the Administration to nominate an Assistant Secretary of 
Commerce for Oceans and Atmosphere so that the Nation's efforts 
in understanding global climate change do not suffer.
    National Windstorm Impact Reduction Act.--In accordance 
with the budget request, the Committee recommendation provides 
$11,300,000 for the National Windstorm Impact Reduction Act, of 
which $1,200,000 is funded in NIST, $700,000 in NOAA/OAR, and 
$9,400,000 in the National Science Foundation. The Committee 
remains concerned about the significant impact high-wind events 
have not only on human life, but on property and businesses in 
the affected area. The Committee urges the Administration to 
identify additional internal resources which can be allocated 
to further the goals of the Act.
     National Academy of Sciences' Climate Change Study 
Committee.--The Committee remains concerned about the affect 
global climate change is having on our Nation. Within this 
appropriation, the Committee has provided $6,000,000 for an 
agreement between the Administrator of NOAA and the National 
Academy of Sciences (NAS) to establish the Climate Change Study 
Committee to study and investigate the serious and sweeping 
issues relating to global climate change and to make 
recommendations regarding what steps must be taken, and what 
strategies must be adopted, in response to global climate 
change. The NAS is to issue a report not later than two years 
following the first meeting of the Climate Change Study 
Committee. Of the amounts provided, $1,000,000 is to be used 
for a Global Climate Change Summit, not to exceed three days, 
of experts, selected by the NAS, to define the parameters of 
this study, and $5,000,000 is to be used by the NAS for 
activities related to the global climate change study.
    National Weather Service (NWS).--The recommendation 
provides $811,498,000 for National Weather Service operations, 
research and facilities. The recommendation is $3,691,000 above 
the request level, and $36,535,000 above fiscal year 2007.
    The Committee continues to believe that renaming the 
National Weather Service could lead to confusion among users of 
long-standing programs and services with substantial name 
recognition, and strongly encourages NOAA against such action.
    The recommendation for Local Warnings and Forecasts 
includes an additional $2,756,000 in funding for NWS staffing.
    National Environmental Satellite, Data and Information 
Service (NESDIS).--The recommendation provides $157,802,000 for 
NESDIS operations, research and facilities. The recommendation 
for Data Centers and Information Services includes funding for 
environmental data archiving, access and assessment activities.
    Program Support.--The recommendation provides $407,842,000 
for Program Support, including $195,628,000 for corporate 
services, $18,954,000 for facilities, and $155,569,000 for 
marine and aviation operations. The recommendation also 
includes $37,691,000 for education programs, which is 
$18,330,000 above the requested level. The additional funds 
should be directed towards climate change educational and 
outreach efforts.
    The Committee also provides $5,000,000 for competitive 
educational grants, as they relate to NOAA's mission. These 
grants shall be awarded to public schools, colleges, 
universities, and other non-profit educational organizations on 
a competitive basis. The Committee directs NOAA, no later than 
90 days after enactment of the Act, to report to the Committee 
the criteria it will use in reviewing and ranking grant 
proposals.
    The fourth Fisheries Survey Vessel will become operational 
during fiscal year 2009 and is currently planned for fisheries 
survey work off the West Coast. NOAA is directed to provide a 
report to the Committee no later than January 15, 2008, on 
potential homeports for this vessel in the West Coast States of 
Washington, Oregon, and California. In preparation of this 
report, NOAA should consider all costs associated with each 
potential homeport, including potential dredging needs, dock 
rehabilitation and construction, existing deep water terminal, 
and proximity to both NOAA research facilities and fishery 
research areas.
    The Committee encourages the Administrator to work with the 
City of Norfolk, Virginia, to improve the NOAA property in 
historic Fort Norfolk.
    The following table identifies the specific activities and 
funding levels included:


                PROCUREMENT, ACQUISITION AND CONSTRUCTION




Fiscal Year 2007 enacted..............................    $1,110,119,000
Fiscal Year 2008 request..............................       979,893,000
Recommended in the bill...............................     1,039,098,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       -47,020,000
    Fiscal Year 2008 request..........................       -59,205,000


    This account funds capital acquisition, construction, and 
fleet and aircraft replacement projects that support NOAA's 
operational mission across all line offices. Capital 
acquisition projects include satellite procurements and surface 
weather observation equipment for NOAA's weather and climate 
programs. Construction projects include new buildings or major 
modification of existing facilities. Fleet and aircraft 
replacement includes acquisition of new and upgrades to 
existing aircrafts and vessels.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $103,098,000 for the 
Procurement, Acquisition and Construction account, which is 
$59,205,000 above the request and $47,020,000 below the fiscal 
year 2007 level not including supplemental amounts. The 
recommendation assumes that an additional $2,000,000 will be 
available from prior year deobligations, resulting in a total 
program level of $1,041,098,000. The recommendation includes 
language making any use of deobligated funds provided under 
this heading in previous years subject to the reprogramming 
procedures set forth in section 505 of this Act.
    National Ocean Service.--The recommendation includes 
$63,278,000 for NOS acquisition and construction, which is 
$35,605,000 above the requested level and $6,333,000 above 
fiscal year 2007. An additional $20,000,000 is provided for the 
Coastal and Estuarine Land Conservation Program, and an 
additional $15,505,000 is provided for the National Marine 
Sanctuaries Construction and Acquisition program.
    National Environmental Satellite, Data and Information 
Service (NESDIS).--The recommendation includes $843,506,000 for 
NESDIS acquisition and construction, which is $23,000,000 above 
the requested level.
    The Committee remains concerned about the impact of the 
NPOESS cost overruns. The Committee understands that as a 
result of the cost overruns a number of sensors were eliminated 
from the NPOESS satellite. The removal of these sensors from 
the deployment of the NPOESS satellite has a direct affect on 
both climate and weather data and research. In order to reduce 
the impact of the loss of these sensors, an additional 
$23,000,000 is provided for climate sensors.
    The decision to restructure the NPOESS program eliminated a 
number of key sensors for monitoring earth's climate and 
providing continuity in essential climate measurements. The 
National Academies' report: ``Earth Science and Applications 
from Space: National Imperatives for the Next Decade and 
Beyond'' and the report that NASA and NOAA produced at the 
request of the Office of Science and Technology Policy: 
``Impacts of NPOESS Nunn-McCurdy Certification on Climate 
Research'' both discussed the importance of continuity in 
measurements of two key sensors that enable climate researchers 
to calculate the heat balance of the Earth--the Total Solar 
Irradiance Sensor (TSIS) and the Earth Radiation Budget Sensor 
(ERBS).
    The Earth's radiation balance is determined by the 
difference between incoming solar radiation and the amount of 
radiation reflected from the Earth and its atmosphere back into 
space. Differences in the radiation balance over time 
attributable to changes in greenhouse gases in the atmosphere 
determine the ``climate forcing'' which is resulting in rising 
global average temperature. In addition to providing continuity 
in the measurements of Earth's reflected radiation, the ERBS 
sensor is intended to provide data that will reduce important 
uncertainties in climate sensitivity due to cloud formation and 
the presence of aerosols in the atmosphere.
    The Administration is working on options to fly these 
instruments and maintain the continuity of our climate data 
record. Until final decisions are made about which missions 
will carry these instruments, the Committee believes it is 
prudent to keep the development of these instruments moving 
forward. Therefore, NOAA is directed to support the development 
of a follow-on ERBS sensor at a level of $1,000,000 in FY 2008. 
The TSIS development is supported through funds provided to 
NASA.
    Program Support (PS).--The recommendation includes 
$27,750,000 for PS Construction and Fleet replacement.
    The Committee directs NOAA to provide a report to the 
Committee, no later than 90 days after enactment of this Act, 
on the status of NOAA's fleet. The report should not only 
contain basic ship information, but should also include the 
cost of operations and maintenance for each vessel, the list of 
research equipment which is used on the vessel including the 
date of installation and date of last upgrade, the estimated 
cost for refurbishing the research equipment for each vessel, 
location at which each vessel is homeported, the type of 
research work conducted, and the crew complement.
    The following table identifies the specific activities and 
funding levels included:


                    PACIFIC COASTAL SALMON RECOVERY




Fiscal Year 2007 enacted..............................       $66,638,000
Fiscal Year 2008 request..............................        66,825,000
Recommended in the bill...............................        64,825,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        -1,813,000
    Fiscal Year 2008 request..........................        -2,000,000


    This account funds State, Tribal and local conservation 
initiatives to help recover Pacific salmon populations. State 
and local recipients of this funding will provide matching 
contributions of at least thirty-three percent of Federal 
funds. In addition, funds will be available to Tribes that do 
not require matching dollars.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $64,825,000 for 
Pacific Coastal Salmon Recovery, which is $2,000,000 below the 
request and $1,813,000 below fiscal year 2007.

                      COASTAL ZONE MANAGEMENT FUND

                     (INCLUDING TRANSFER OF FUNDS)

    The Committee recommendation includes language transferring 
not to exceed $3,000,000 from the Coastal Zone Management Fund 
to the ``Operations, Research, and Facilities Account.''
    This fund was established by the Coastal Zone Act 
Reauthorization Amendments of 1990 (CZARA). The fund consists 
of loan repayments from the former Coastal Energy Impact 
Program. The proceeds are to be used to offset the Operations, 
Research, and Facilities account for the costs of implementing 
the Coastal Zone Management Act of 1972, as amended.

                   FISHERIES FINANCE PROGRAM ACCOUNT

    This account covers the subsidy costs of guaranteed loans 
(pre-1997) and direct loans (post-1996) obligated or committed 
subsequent to October 1, 1991, as authorized by the Merchant 
Marine Act of 1936 as amended.
    The recommendation includes language under this heading 
limiting obligations of direct loans to $8,000,000 for 
Individual Fishing Quota loans.

                                 Other


                        Departmental Management


                         salaries and expenses





Fiscal Year 2007 enacted..............................       $47,121,000
Fiscal Year 2008 request..............................        58,693,000
Recommended in the bill...............................        58,693,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +11,572,000
    Fiscal Year 2008 request..........................                 0


    The salaries and expenses appropriation provides funding 
for Executive Direction and Departmental Staff Services. 
Executive Direction funds the development and implementation of 
policies and coordinates Bureaus' program activities. 
Departmental Staff Services funds the development and 
implementation of the Department's internal policies, 
procedures and other administrative functions.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $58,693,000 for 
Departmental Management, which is the same as the budget 
request and $11,572,000 above fiscal year 2007.

                   HCHB RENOVATION AND MODERNIZATION




Fiscal Year 2007 enacted..............................                $0
Fiscal Year 2008 request..............................         4,300,000
Recommended in the bill...............................         3,364,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +3,364,000
    Fiscal Year 2008 request..........................          -936,000


                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $3,364,000 for costs 
associated with the renovation of the Herbert C. Hoover 
Building (HCHB), which is $936,000 less than the request.

                      OFFICE OF INSPECTOR GENERAL




Fiscal Year 2007 enacted..............................       $22,592,000
Fiscal Year 2008 request..............................        23,426,000
Recommended in the bill...............................        23,426,000
Bill compared with:
    Fiscal Year 2007 enacted..........................          +834,000
    Fiscal Year 2008 request..........................                 0


    The Office of Inspector General (OIG) mission is to provide 
a unique, independent voice to the Secretary and other senior 
Commerce managers, as well as to Congress, in combating fraud, 
waste, abuse, and mismanagement and in improving the 
efficiency, effectiveness, and economy of Department 
operations. These funds provide for OIG's work conducting 
audits, inspections, and investigations.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $23,426,000 for the 
OIG for fiscal year 2008, which is the same as the request and 
$834,000 above fiscal year 2007.

  NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT COORDINATION COUNCIL




Fiscal Year 2007 enacted..............................                $0
Fiscal Year 2008 request..............................         1,000,000
Recommended in the bill...............................         1,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +1,000,000
    Fiscal Year 2008 request..........................                 0


    The National Intellectual Property Law Enforcement 
Coordination Council was established to develop a strategy, 
coordinate interagency efforts, and promote policies, 
objectives, and priorities for international intellectual 
property protection and law enforcement.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $1,000,000 for the 
National Intellectual Property Law Enforcement Coordination 
Council, which is $1,000,000 above fiscal year 2007 and the 
same as the request.

               General Provisions--Department of Commerce

    The Committee recommends the following general provisions 
for the Department of Commerce:
    Section 101 of the bill making Department of Commerce funds 
available for advanced payments only upon certification of 
officials designated by the Secretary that such payments are 
considered to be in the public interest;
    Section 102 making appropriations for the Department for 
Salaries and Expenses available for hire of passenger motor 
vehicles, for services, and for uniforms and allowances as 
authorized by law;
    Section 103 providing the authority to transfer funds 
between Department of Commerce appropriation accounts and 
requiring notification to the Committee of certain actions;
    Section 104 providing that any costs incurred by the 
Department in response to funding reductions shall be absorbed 
within the total budgetary resources available to the 
Department and shall be subject to the reprogramming 
limitations set forth in this Act;
    Section 105 regarding the provision of food during trade 
negotiations;
    Section 106 regarding the Ernest F. Hollings Scholarship 
Program;
    Section 107 regarding the Dr. Nancy Foster Scholarship 
Program;
    Section 108 regarding a personnel demonstration project; 
and
    Section 109 regarding the reorganization of the Technology 
Administration function.

                    TITLE II--DEPARTMENT OF JUSTICE

    The Committee recommendation includes a total of 
$23,929,230,000 for the Department of Justice (DOJ) for fiscal 
year 2008, which is $1,074,798,000 above fiscal year 2007 and 
$1,676,907,000 above the request.
    The Federal role in fighting the rise in violent crime.--
The Committee is concerned over the recent announcement by the 
Federal Bureau of Investigation (FBI) that violent crime rose 
in communities across the Nation--murders, robberies, forcible 
rapes, and aggravated assaults--for the second straight year.
    Violent crime data, reported from more than 11,700 State 
and local law enforcement agencies, increased 1.3 percent in 
2006 and 2.3 percent in 2005. These are the first significant 
increases in violent crime in 15 years.
    The Committee is concerned that at a time when State and 
local law enforcement agencies are being stressed by a 
resurgence of violent crime, they have also, since September 
11, 2001, been expected to take on increased homeland security 
responsibilities.
    Most violent crime falls under the jurisdiction of State 
and local law enforcement, therefore the Committee provides 
$3,195,000,000 to State and local law enforcement for crime 
fighting and prevention initiatives, 53 percent above the 
President's request and 10 percent above the fiscal year 2007 
level. This investment restores State and local programs to 
their fiscal year 2004 level, a major step in reversing the 
long decline in funding for these programs.
    Among these programs, the Committee strongly believes that 
Community Oriented Policing Services (COPS) programs play a 
critical role in crime prevention and suppression. Within the 
$725,000,000 provided for COPS, $100,000,000 is made available 
to restart the COPS hiring program, which helped to reduce 
crime nation-wide in the decade 1995-2005. This is first time 
the program has been funded since 2005.
    The Committee recognizes that State and local law 
enforcement also benefit from the criminal investigative 
resources and capabilities of the FBI in targeting and 
disrupting violent gangs and criminal enterprises responsible 
for the upsurge in crime. The Committee provides $6,531,302,000 
to the FBI, $100,000,000, or two percent, over the President's 
request and $490,729,000, or eight percent, above fiscal year 
2007.
    Methamphetamine (meth).--According to the Substance Abuse 
and Mental Health Services Administration's National Survey on 
Drug Use and Health, in 2005 almost 1.3 million persons aged 12 
and older had used methamphetamine in the past year and 512,000 
had used methamphetamine in the past month. The survey also 
indicated that the number of past month methamphetamine users 
who met the criteria for illicit drug dependence or abuse 
increased from 164,000 users in 2002 to 257,000 in 2005.
    According to the Drug Enforcement Agency (DEA), 80 percent 
of all methamphetamine consumed in the United States is 
produced in laboratories located in Mexico or California, which 
is then distributed across the country using existing drug 
trafficking routes. To address this problem, the Committee 
includes $21,299,000 for Southwest Border and Methamphetamine 
Enforcement.
    Small domestic amateur labs, in home kitchens, motel rooms, 
or still produce methamphetamine within the United States. 
Since March 2005, the DEA Mobile Enforcement Teams (MET) have 
made methamphetamine investigations a priority. In fiscal year 
2005, 41 percent of new MET deployments targeted 
methamphetamine trafficking organizations. However, the 
President's request for fiscal year 2008 terminates this 
program, which bolsters State and local law enforcement. The 
Committee rejects this proposal, and includes $20,578,000 for 
MET teams.
    In addition, in order to help State and local law 
enforcement address the methamphetamine epidemic, the Committee 
recommendation provides $600,000,000 for the Justice Assistance 
Grant program, $85,000,000 for meth-specific COPS grants, 
$40,000,000 for Drug Court programs, and $10,000,000 for State 
Prison Drug Treatment programs. The Committee rejects the 
Administration's proposal to eliminate all of these programs. 
Instead, the recommendation includes significant increases for 
each program over current year funding levels.

                         General Administration


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................      $ 97,832,000
Fiscal Year 2008 request..............................       104,777,000
Recommended in the bill...............................       104,777,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +6,945,000
    Fiscal Year 2008 request..........................                 0


    General Administration (GA) supports the Attorney General 
and DOJ senior policy level officials in managing Department 
resources and developing policies for legal, law enforcement, 
and criminal justice activities. GA also provides 
administrative support services to the legal divisions and 
policy guidance to all Department organizations. GA's mission 
supports every aspect of the DOJ strategic plan. Most GA 
offices have significant oversight responsibilities that shape 
DOJ policy and influence the way the Department works toward 
meeting each of its strategic goals. As the result of 
restructuring in fiscal year 2007, General Administration 
consists of three decision units: Department Leadership, 
Executive Support/Professional Responsibility, and Justice 
Management Division. The Office of the Attorney General is 
funded through the Department Leadership decision unit.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $104,777,000 for 
General Administration, the same as the request and $6,945,000 
above the amounts provided in fiscal year 2007. The 
recommendation retains bill language proposed for deletion 
regarding the position, workyear, and funding limits for the 
Offices of Public Affairs and Legislative Affairs and 
Departmental Leadership. The recommendation also fully funds 
the Office of Privacy and Civil Liberties.
    Requested Resignations of United States Attorneys.--The 
Committee expresses its serious concerns with the activities of 
the Office of the Attorney General with regard to requests for 
resignations of U.S. Attorneys. The Administration's requests 
for the resignations of U.S. Attorneys absent misconduct or 
other significant cause is unprecedented. The allegations that 
the Administration has allowed partisan politics to corrupt the 
termination, selection, and retention of U.S. Attorneys is 
unacceptable.
    Warrantless Wiretaps.--The Administration's lack of 
disclosure about its warrantless surveillance program and its 
new domestic wiretapping program is of particular concern to 
the Committee. Under the Foreign Intelligence Surveillance Act 
(FISA), Federal agents are required to get court approval in 
order to monitor the communications of any person in the United 
States. FISA provides that no one may engage in electronic 
surveillance ``except as authorized by statute,'' and it 
specifies civil and criminal penalties for electronic 
surveillance undertaken without statutory authority. However, 
the Administration had in place until recently a program which 
did monitor persons in the United States absent court approval.
    On January 17, 2007, the Attorney General informed House 
and Senate Members that any domestic electronic surveillance 
that was occurring as part of the Administration's Terrorist 
Surveillance Program will now be conducted subject to approval 
of the Foreign Intelligence Surveillance Court and pursuant to 
the requirements of the FISA. The Committee understands that 
domestic intercepts have always required such authorization. 
The Committee is interested in how the Administration's new 
program differs from the National Security Agency warrantless 
Terrorist Surveillance Program in place prior to January 17, 
2007.
    Truth in Budgeting.--The Committee is disappointed in the 
composition of the DOJ budget that used as a base the average 
of the House and Senate recommendations for fiscal year 2007 
less one percent. This arbitrarily low level resulted in a 
shortfall in the President's request for DOJ of more than $488 
million when the current service needs and program increases 
are added to the actual fiscal year 2007 enacted base. The 
Committee expected that the Administration would recalculate 
the DOJ's budget needs for fiscal year 2008 based on the actual 
2007 base. The effect of the Administration's 2007 base gimmick 
is that many of the DOJ agencies fiscal year 2008 budget 
requests are not sufficient to fully fund the current service 
adjustments to base and program increases requested. For the 
FBI's salaries and expenses account the result is a deficit of 
$139,170,000. If funded at the President's request level, the 
FBI would be required to address this shortfall through 
imposition of a limited hiring freeze, imposition of across-
the-board reductions to operational support programs, and 
deferment of program enhancements. The Committee views this 
attempt to artificially deflate the DOJ's budget as 
counterproductive and has adjusted funding in essential 
programs to make up for the gap created by this gimmick. The 
Committee is aware that even after these adjustments there may 
still be current service shortfalls in a number of key 
agencies, including the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, the National Security Division, the Criminal 
Division, the Civil Rights Division, U.S. Attorneys, and 
Interagency Crime and Drug Enforcement. The Committee urges the 
Department to promptly submit a budget amendment for fiscal 
year 2008 that more accurately reflects base requirements.
    Gangs.--The Committee remains extremely concerned about the 
threats posed by the growth of violent street gangs. The 
Committee directs the Attorney General to submit a report on 
the growth of violent gangs in suburban areas that may not have 
the resources to fight gangs that large cities do. The report 
should address specific gangs, drug trafficking organizations, 
the regions in which they operate, and the federal resources 
allocated to containing these gangs. The report shall be 
submitted no later than April 1, 2008.

                 JUSTICE INFORMATION SHARING TECHNOLOGY




Fiscal Year 2007 enacted..............................      $123,559,000
Fiscal Year 2008 request..............................       100,500,000
Recommended in the bill...............................       100,500,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       -23,059,000
    Fiscal Year 2008 request..........................                 0


    The Justice Information Sharing Technology (JIST) fund was 
established in fiscal year 2006 to provide for corporate 
investments in information technology (IT). As a centralized 
fund under the control of the DOJ Chief Information Officer, it 
ensures that investments in information sharing technology and 
infrastructure enhancements are well planned and aligned with 
the DOJ's overall IT strategy and enterprise architecture.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $100,500,000 for JIST 
within General Administration, the same as the request and 
$23,059,000 below the amounts provided in fiscal year 2007. 
Within the funds provided, at least $21,000,000 will support 
the unified financial management system (UFMS). The UFMS will 
allow the DOJ to streamline and standardize business processes 
and procedures across all components, providing secure, 
accurate, timely, and useful financial and procurement data to 
program managers across the Department, and produce component- 
and Department-level financial statements.
    Department IT Investment Review Board (DIRB).--The 
Committee continues language under section 210 requiring the 
Deputy Attorney General and DIRB to certify to the Committees 
on Appropriations that appropriate program management and 
contractor oversight mechanisms are in place, and that each 
program is compatible with the Department's enterprise 
architecture before funds are expended.
    The Committee recommendation for JIST in fiscal year 2008 
supports the continued development and implementation of the 
Law Enforcement Information Sharing Program (LEISP), Litigation 
Case Management Systems (LCMS), Secure Communications 
Initiative which has been renamed as Secure Identity Management 
& Communications (SIMC), Unified Financial Management System 
(UFMS), and limited deployment and extension of the Justice 
Consolidated Office Network (JCON). The LEISP continues to be a 
Department priority. Fiscal year 2008 JIST funds will support 
Department level management of this effort. However, to 
eliminate unnecessary administrative transfers of funds, fiscal 
year 2008 funding for the National Data Exchange (N-DEX) and 
Regional Data Exchange (R-DEX) programs is provided under the 
FBI, which serves as the project manager for both systems.

            TACTICAL LAW ENFORCEMENT WIRELESS COMMUNICATIONS




Fiscal Year 2007 enacted..............................       $89,198,000
Fiscal Year 2008 request..............................        81,353,000
Recommended in the bill...............................        81,353,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        -7,845,000
    Fiscal Year 2008 request..........................                 0


    The mission of Tactical Law Enforcement Wireless 
Communications is to provide secure, interoperable and reliable 
wireless communication services required by the Department of 
Justice law enforcement components (Bureau of Alcohol, Tobacco, 
Firearms and Explosives, Drug Enforcement Agency, Federal 
Bureau of Investigation, Federal Bureau of Prisons, Office of 
Inspector General, and the United States Marshals Service) and 
all Federal Agents and Officers engaged in the conduct of law 
enforcement, protective services, homeland defense, and 
disaster response missions. This account funds component legacy 
network requirements, operations of the Wireless Management 
Office, and the acquisition of new equipment and services. The 
Wireless Management Office manages the Departmental Wireless 
program in partnership with the Departments of Homeland 
Security and the Treasury and coordinates its efforts with 
State and local law enforcement agencies.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $81,353,000 for 
Tactical Law Enforcement Wireless Communications account within 
General Administration, the same as the request and $7,845,000 
below the amounts provided in fiscal year 2007.

                   ADMINISTRATIVE REVIEW AND APPEALS




Fiscal Year 2007 enacted..............................      $229,142,000
Fiscal Year 2008 request..............................       251,499,000
Recommended in the bill...............................       251,499,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +22,357,000
    Fiscal Year 2008 request..........................                 0


    Administrative Review and Appeals supports the Executive 
Office of Immigration Review and the Office of the Pardon 
Attorney.
    The mission of the Executive Office of Immigration Review 
(EOIR) is to provide the timely and uniform interpretation and 
application of immigration law, ensuring due process and fair 
treatment for all parties involved. EOIR includes the Board of 
Immigration Appeals, Immigration Judges, and Administrative Law 
Judges who decide through administrative hearings on the 
admission or exclusion of aliens seeking to enter the country, 
and the transportation and adjustment of status of aliens whose 
status has been challenged.
    The Office of the Pardon Attorney (OPA) receives and 
reviews all petitions for executive clemency, conducts the 
necessary investigations and prepares recommendations to the 
President for action. OPA provides guidance for the conduct of 
clemency proceedings and the standards for decisions. OPA 
confers with individual clemency applicants, their 
representatives, public groups, members of Congress, various 
Federal, State, and local officials and others in connection 
with the disposition of clemency proceedings.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $251,499,000 for 
Administrative Review and Appeals, the same as the request and 
$22,357,000 above fiscal year 2007, including $4,000,000 in 
fees collected by the Department of Homeland Security (DHS) and 
transferred to EOIR.
    The recommendation for EOIR supports the office's multi-
year expansion required to adjudicate an unprecedented, and 
growing, immigration caseload. The program enhancement is 
$12,000,000 (offset by $4,000,000 in fees collected by DHS and 
deposited in the Immigration Examinations Fee Account), 120 
positions, and 120 FTE (of which 20 are immigration judges and 
10 are Board of Immigration Appeals (BIA) attorneys).
    The recommendation includes $2,350,000 for OPA to support a 
total of 15 permanent positions and 15 FTE.

                           DETENTION TRUSTEE

                     (INCLUDING TRANSFER OF FUNDS)




Fiscal Year 2007 enacted..............................    $1,225,816,000
Fiscal Year 2008 request..............................     1,294,226,000
Recommended in the bill...............................     1,260,872,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +35,056,000
    Fiscal Year 2008 request..........................       -33,354,000


    The Detention Trustee leads the development of DOJ 
detention policy and manages Federal detention resources with 
the goal to maximize available detention space and contain 
costs associated with the detention of criminal defendants and 
aliens awaiting adjudication and/or removal from the United 
States.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $1,260,872,000 for 
the Detention Trustee, which is $35,056,000 above the level 
provided in fiscal year 2007 and $33,354,000 below the request. 
The Committee understands that the Administration's request was 
reestimated and the funds provided are sufficient to meet the 
Department's projected needs for fiscal year 2008. The 
recommendation includes increases for inflationary adjustments 
and for the anticipated daily cost of an increase in the number 
of Federal detainees housed in Federal, State, local, and 
private detention facilities. The Committee encourages DOJ to 
continue to examine the entire Federal detention process from 
arrest to incarceration to find ways to contain costs.
    The recommendation includes language, as requested, to 
provide not to exceed $5,000,000 for a Cooperative Agreement 
Program for State and local law enforcement assistance for jail 
facilities used as Federal detention space.
    The recommendation deletes language, as requested, 
regarding oversight of housing related to detention. Language 
is also deleted, as requested, regarding the Detention 
Trustee's role in the Justice Prisoner and Alien Transportation 
System.

                      OFFICE OF INSPECTOR GENERAL




Fiscal Year 2007 enacted..............................       $70,603,000
Fiscal Year 2008 request..............................        73,208,000
Recommended in the bill...............................        74,708,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +4,105,000
    Fiscal Year 2008 request..........................        +1,500,000


    The Office of Inspector General (OIG) conducts independent 
investigations, audits, inspections, and special reviews of DOJ 
personnel and programs to detect and deter waste, fraud, abuse, 
and misconduct, and to promote integrity, economy, efficiency, 
and effectiveness in Department of Justice operations.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $74,708,000 for the 
OIG, which is $4,105,000 above fiscal year 2007 and $1,500,000 
above the request.
    The Committee is deeply troubled over the Administration's 
political interference in the work of the DOJ, evidenced by the 
unprecedented firing of eight U.S. Attorneys without just cause 
in December, 2006. Of the recommended increase, $1,000,000 is 
made available to support the OIG's investigation of these 
matters.
    A portion of the increase over the request is made 
available to conduct additional review of the use of national 
security letters by the FBI. The OIG is to be commended for its 
oversight on this issue.
    The Committee also appreciates the OIG's continuing review 
of the FBI's controversial new case management system known as 
SENTINEL. The Committee wants to ensure that past IT 
development failures are not repeated, and directs the OIG to 
report to the Committee on the FBI's implementation of the 
OIG's seven recommendations in Audit Report 06-14, ``The 
Federal Bureau of Investigation's Pre-Acquisition Planning for 
and Controls over the Sentinel Case Management System.''

                    United States Parole Commission


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................       $11,509,000
Fiscal Year 2008 request..............................        12,194,000
Recommended in the bill...............................        12,194,000
Bill compared with:
    Fiscal Year 2007 enacted..........................          +685,000
    Fiscal Year 2008 request..........................                 0


    The United States Parole Commission is an independent body 
within DOJ that makes decisions regarding requests for parole 
of Federal offenders who committed an offense before November 
1, 1987, and District of Columbia Code offenders who committed 
an offense before August 5, 2005. In addition, the Commission 
has jurisdiction over the conditions of supervision of District 
of Columbia Code offenders who committed an offense after 
August 5, 2005, and certain other offenders.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $12,194,000 for the 
United States Parole Commission, which is $685,000 above fiscal 
year 2007 and equal to the request.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES




Fiscal Year 2007 enacted..............................      $677,154,000
Fiscal Year 2008 request..............................       750,584,000
Recommended in the bill...............................       750,584,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +73,430,000
    Fiscal Year 2008 request..........................                 0


    This appropriation supports the establishment of litigation 
policy, conduct of litigation, and other legal 
responsibilities.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes a total of 
$750,584,000 for General Legal Activities, which is $73,430,000 
above fiscal year 2007 and equal to the request.
    Justice rooted in law, not in politics or favor, is one of 
the founding principles of our Nation. The Committee is deeply 
troubled over the Administration's political interference in 
the work of the Justice Department, the most egregious example 
of which was the unprecedented firing of eight U.S. Attorneys 
without just cause in December, 2006.
    Unfortunately, it is becoming clear that the Administration 
has engaged in far more widespread political tampering with 
Justice Department litigation cases, policy and personnel 
matters, including allegations of improper handling of voting 
rights cases and employment discrimination in the Civil Rights 
Division. The recent sworn testimony before Congress of a 
former advisor to Attorney General Gonzales sheds a harsh light 
on the depth of this problem.
    The Committee takes very seriously its oversight role, and 
puts the Department on notice that actions will not be 
tolerated which deviate from the Department's duty to enforce 
the law fairly and impartially for all Americans.
    In the interest of transparency, the Committee rejects the 
Administration's proposal to consolidate the decision units of 
each Division for budgeting purposes. Future budget requests 
should show the separate activities of each Division by the 
current decision units. The distribution of funding provided is 
as follows:

                        GENERAL LEGAL ACTIVITIES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              FY08
                                                         recommendation
------------------------------------------------------------------------
Solicitor General....................................            $10,085
Tax Division.........................................             94,678
Criminal Division....................................            152,024
Civil Division.......................................            245,023
Environment and Natural Resources....................            101,396
Office of Legal Counsel..............................              6,310
Civil Rights Division................................            116,789
INTERPOL-USNCB.......................................             23,727
Office of Dispute Resolution.........................                552
                                                      ------------------
    Total............................................            750,584
------------------------------------------------------------------------

    In addition to inflationary and other base adjustments for 
all components within this account, the Committee's 
recommendation includes programmatic increases for the 
following divisions:
    Tax Division.--The Committee recommendation includes 
$5,187,000 and 71 additional positions to strengthen tax law 
enforcement.
    Criminal Division.--The Committee recommendation includes 
the following programmatic increases: $685,000 and seven 
additional positions for strengthened investigations and 
prosecutions of online crime, particularly where children are 
targeted; $232,000 and two additional positions to strengthen 
prosecutions of violent gang and organized crime; and $299,999 
and three additional positions for prosecutions of drug 
trafficking crimes, particularly those involving 
methamphetamine. The Committee also urges the Criminal Division 
to continue to investigate and prosecute intellectual property 
rights crime, as warranted.
    Military Extraterritorial Jurisdiction Act (MEJA).--The 
Committee is aware that the Department has not prosecuted any 
cases of civilian misconduct under MEJA, despite numerous 
allegations of criminal misconduct by civilian contractors in 
Iraq and Afghanistan. The Department is directed to submit a 
report to the Committee on Appropriations within 30 days of 
enactment of this Act on its policy for prosecuting crimes 
under MEJA. The report should include information on the number 
of incidents of alleged misconduct reported to the Department, 
the number of investigations undertaken, and the number of 
criminal cases opened. It should also include an assessment of 
the Department's capacity to prosecute criminal misconduct 
under MEJA, including whether additional resources or changes 
in the law are needed.
    Civil Rights Division.--The Committee recommendation fully 
funds the Administration request for the Civil Rights 
Division's efforts to combat human trafficking, including an 
increase of $1,713,000 and 13 additional positions. The 
Committee directs the Department to continue to provide annual 
reports on its progress in addressing the scourge of human 
trafficking.
    Civil Division.--The Committee recommendation includes a 
program increase of $14,124,000 and 163 positions to address 
the sharp rise in immigration cases due to enforcement actions 
of the Department of Homeland Security. The recommendation also 
includes $3,263,000 and 29 positions, as requested, for 
Guantanamo Bay detainee litigation.
    Environment and Natural Resources Division.--The Committee 
recommendation includes the Administration's requested increase 
of $3,951,000 and 17 positions for tribal trust litigation.
    INTERPOL-U.S. National Central Bureau (USNCB).--The 
Committee recommendation includes two programmatic increases 
for INTERPOL-USNCB: an additional $514,000 to improve Federal, 
State and local law enforcement authorities' access to INTERPOL 
international criminal information databases; and an increase 
of $69,000 and one position to strengthen enforcement against 
transnational violent gangs, including MS-13.

               The National Childhood Vaccine Injury Act





Fiscal Year 2007 enacted..............................        $6,252,000
Fiscal Year 2008 request..............................         6,833,000
Recommended in the bill...............................         6,833,000
Bill compared with:
    Fiscal Year 2007 enacted..........................          +581,000
    Fiscal Year 2008 request..........................                 0


    The Vaccine Injury Compensation Trust Fund covers the 
Department of Justice's expenses associated with litigating 
cases under the National Childhood Vaccine Injury Act of 1986.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $6,833,000 for the 
Vaccine Injury Compensation Trust Fund, the same as the request 
and $581,000 above in fiscal year 2007.

               SALARIES AND EXPENSES, ANTITRUST DIVISION




Fiscal Year 2007 enacted..............................      $147,819,000
Fiscal Year 2008 request..............................       155,097,000
Recommended in the bill...............................       155,097,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +7,278,000
    Fiscal Year 2008 request..........................                 0


    The Antitrust Division acts on antitrust cases before the 
Supreme Court, represents the interests of the United States in 
cases brought under Federal antitrust laws, reviews decisions 
of regulatory commissions, and prepares and files amicus 
briefs. Appropriations for both the Division and the Federal 
Trade Commission are offset by Hart-Scott-Rodino Act pre-merger 
filing fee collections.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $155,097,000 in 
budget authority for the Antitrust Division, $7,278,000 above 
fiscal year 2007 and equal to the request. This appropriation 
is offset by $139,000,000 in pre-merger filing fee collections, 
resulting in a direct appropriation of $16,097,000. In the 
interest of transparency, the Committee rejects the 
Administration's proposal to consolidate the decision units of 
the Division for budgeting purposes. Future budget requests 
should show the separate activities of the Division by the 
current decision units.
    The recommendation modifies bill language, as requested, to 
clarify that offsetting fee collections are estimates, as are 
appropriations from the General Fund.
    Within funds provided, the Committee encourages the 
Department to continue to expand technical assistance and 
training to help developing countries in the establishment of 
constructive regulatory, trade and antitrust agencies. Within 
six months of enactment, the Department is to report to the 
Committee on the need for such assistance and the Department's 
capacity to provide it.

             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS




Fiscal Year 2007 enacted..............................    $1,654,886,000
Fiscal Year 2008 request..............................     1,747,822,000
Recommended in the bill...............................     1,747,822,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +92,936,000
    Fiscal Year 2008 request..........................                 0


    This appropriation supports the Executive Office of U.S. 
Attorneys and the 94 U.S. Attorney Offices, which serve as the 
principal litigators for the U.S. Government for criminal, 
civil, and debt collection matters.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $1,747,822,000 for 
U.S. Attorneys, which is $92,936,000 above fiscal year 2007 and 
equal to the request.
    The Committee is deeply troubled over the Administration's 
political interference in the work of the Justice Department, 
evidenced by the unprecedented firing of eight U.S. Attorneys 
without just cause in December 2006.
    To support the Office of Inspector General's (OIG) 
investigation of these matters, the Committee recommends an 
increase of $1,000,000 under the OIG heading.
    Adam Walsh Act implementation.--The Committee 
recommendation includes $9,494,000 and 93 additional positions 
for Project Safe Childhood, an initiative to strengthen 
prosecutions of child exploitation cases, as authorized by the 
Adam Walsh Child Protection and Safety Act of 2006.
    Combating violent gangs and human trafficking.--In addition 
to inflationary and other base funding adjustments, the 
recommendation also includes the following program increases: 
$4,079,000 and 38 additional positions to combat violent gangs; 
and $7,400,000 and 72 additional positions to address the 
growing number of illegal immigration cases, particularly 
involving human traffickers.

                   UNITED STATES TRUSTEE SYSTEM FUND




Fiscal Year 2007 enacted..............................      $223,152,000
Fiscal Year 2008 request..............................       231,899,000
Recommended in the bill...............................       189,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       -34,152,000
    Fiscal Year 2008 request..........................       -42,899,000


    The mission of the United States Trustee System is to 
promote integrity and efficiency in the Nation's bankruptcy 
system by enforcing bankruptcy laws, and providing oversight of 
private trustees. The Bankruptcy Abuse Prevention and Consumer 
Protection Act of 2005 (Public Law 109-8) provides the United 
States Trustee System with important new statutory tools to 
identify and civilly prosecute misconduct by debtors and others 
who misuse the bankruptcy system.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $189,000,000 for the 
United States Trustee System Fund, to be entirely funded from 
offsetting collections. The Committee recommendation includes 
bill language providing authority that any amount deposited in 
the Fund above $184,000,000 up to $231,899,000, shall be 
available for the necessary expenses of the United States 
Trustee System. Earnings on investments deposited into the Fund 
are estimated at $5,000,000.
    The Committee is concerned that excessive resources are 
being expended on efforts by the United States Trustee Program 
to dismiss cases for insignificant filing defects (thereby 
creating added burdens on the court and debtors associated with 
refilings); on the unnecessary use of U.S. Trustee personnel to 
participate in creditors' meetings that are already handled and 
conducted by private trustees; and on making burdensome 
requests of debtors to provide documentation that has no 
material effect on the outcome of bankruptcy cases. Such 
actions by the U.S. Trustee Program are making the bankruptcy 
process more costly and therefore less available for those who 
need it. The Committee directs the U.S. Trustees to immediately 
examine these problems and report back two months after 
enactment of this Act on efforts to remedy them as soon as 
possible.

      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION




Fiscal Year 2007 enacted..............................        $1,561,000
Fiscal Year 2008 request..............................         1,709,000
Recommended in the bill...............................         1,709,000
Bill compared with:
    Fiscal Year 2007 enacted..........................          +148,000
    Fiscal Year 2008 request..........................                 0


    The Foreign Claims Settlement Commission's mission is to 
protect the property rights of U.S. citizens abroad and promote 
the international rule of law through adjudication of claims by 
United States citizens against foreign governments.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $1,709,000 for the 
Foreign Claims Settlement Commission, the same as the 2008 
request and $148,000 above the amounts provided in fiscal year 
2007.

                     United States Marshals Service


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................      $812,070,000
Fiscal Year 2008 request..............................       899,875,000
Recommended in the bill...............................       883,766,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +71,696,000
    Fiscal Year 2008 request..........................       -16,109,000


    Established in 1789, the United States Marshals Service 
(USMS) is the enforcement arm of the Federal courts. USMS is 
responsible to provide physical security to Federal judges and 
U.S. courthouses, to protect witnesses, jurors and members of 
the public, to safely and humanely transport and detain Federal 
prisoners, and to apprehend violent fugitives. The USMS has 94 
district offices, corresponding with the 93 judicial districts 
and the D.C. Superior Court.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $883,766,000 for the 
United States Marshals Service, Salaries and Expenses. The 
recommendation is $71,696,000 above fiscal year 2007 and 
$16,109,000 below the request. The recommendation does not 
merge the U.S. Marshals' Construction account with the Salaries 
and Expenses account as requested.
    In addition to inflationary and other base adjustments, the 
recommendation includes the following program increases: 
$7,845,000 and 54 additional positions to enable the U.S. 
Marshals to apprehend convicted sex offenders who have failed 
to comply with sex offender registration requirements of the 
Adam Walsh Child Protection and Safety Act; $5,257,000 and 16 
additional positions to strengthen the U.S. Marshals' ability 
to analyze and investigate threats against the judiciary; 
$5,153,000 and 17 additional positions to enhance security at 
high threat trials; and $7,462,000 and 53 additional positions 
to address the U.S. Marshals' increasing workload associated 
with immigration enforcement on the Southwest Border.

                              CONSTRUCTION




Fiscal year 2007 enacted..............................        $6,846,000
Fiscal year 2008 request..............................                 0
Recommended in the bill...............................         2,451,000
Bill compared with:
    Fiscal year 2007 enacted..........................        -4,395,000
    Fiscal year 2008 request..........................        +2,451,000


                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $2,451,000 for the 
U.S. Marshals' Construction account. This funding level is 
equal to the request within the U.S. Marshals' Salaries and 
Expenses account for construction in fiscal year 2008, and is 
$4,395,000 below fiscal year 2007.

                     FEES AND EXPENSES OF WITNESSES




Fiscal year 2007 enacted..............................      $171,000,000
Fiscal year 2008 request..............................       168,300,000
Recommended in the bill...............................       168,300,000
Bill compared with:
    Fiscal year 2007 enacted..........................        -2,700,000
    Fiscal year 2008 request..........................                 0


    This appropriation, which is considered mandatory for 
scorekeeping purposes, provides for fees and expenses of 
witnesses who appear on behalf of the Government in cases in 
which the United States is a party, including fact and expert 
witnesses, mental competency examinations, and witness and 
informant protection.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $168,300,000 for the 
Fees and Expenses of Witnesses account, including expenses of 
foreign counsel, as requested. The Committee also recommends 
bill language, as requested, which allows that: not to exceed 
$3,000,000 is for the purchase and maintenance of armored 
vehicles for witness security caravans; not to exceed 
$9,000,000 is for installation, operation, and upgrade of a 
secure automated network and secure telecommunications 
equipment; and not to exceed $10,000,000 is for construction of 
protected witness safe sites.

           SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE




Fiscal year 2007 enacted..............................       $10,221,000
Fiscal year 2008 request..............................         9,794,000
Recommended in the bill...............................         9,794,000
Bill compared with:
    Fiscal year 2007 enacted..........................          -427,000
    Fiscal year 2008 request..........................                 0


    The Community Relations Service was established by Title X 
of the Civil Rights Act of 1964 to provide assistance to 
communities in resolving disagreements arising from 
discriminatory practices.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $9,794,000 for the 
Community Relations Service, the same as the request and 
$427,000 below the amounts provided in fiscal year 2007.

                         ASSETS FORFEITURE FUND




Fiscal year 2007 enacted..............................       $21,211,000
Fiscal year 2008 request..............................        20,990,000
Recommended in the bill...............................        20,990,000
Bill compared with:
    Fiscal year 2007 enacted..........................          -221,000
    Fiscal year 2008 request..........................                 0


    The Assets Forfeiture Fund provides funds for additional 
investigative expenses of the Federal Bureau of Investigation, 
Drug Enforcement Administration, Bureau of Alcohol, Tobacco, 
Firearms and Explosives, and the United States Marshals 
Service, such as purchase of evidence and investigative 
expenses leading to seizure. Funds for these activities are 
provided from receipts in the Assets Forfeiture Fund resulting 
from the forfeiture of assets. Expenses related to the 
management and disposal of assets are also provided from 
receipts in the Assets Forfeiture Fund by a permanent 
indefinite appropriation.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $20,990,000 for the 
Assets Forfeiture Fund, which is $221,000 below fiscal year 
2007 and equal to the request.

           SALARIES AND EXPENSES, NATIONAL SECURITY DIVISION




Fiscal year 2007 enacted..............................       $66,970,000
Fiscal year 2008 request..............................        78,056,000
Recommended in the bill...............................        78,056,000
Bill compared with:
    Fiscal year 2007 enacted..........................       +11,086,000
    Fiscal year 2008 request..........................                 0


    The mission of the National Security Division is to 
coordinate the Department's efforts in carrying out its core 
mission of combating terrorism and protecting national 
security.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $78,056,000 for the 
National Security Division, the same as the request and 
$11,086,000 above fiscal year 2007.
    The Committee expects that consistent with the letter of 
January 17, 2007 of the Attorney General, approval for all 
wiretaps will be sought from the Foreign Intelligence 
Surveillance Court (FISA), as required by law.

                      Interagency Law Enforcement


                 INTERAGENCY CRIME AND DRUG ENFORCEMENT




Fiscal year 2007 enacted..............................      $497,935,000
Fiscal year 2008 request..............................       509,154,000
Recommended in the bill...............................       509,154,000
Bill compared with:
    Fiscal year 2007 enacted..........................       +11,219,000
    Fiscal year 2008 request..........................                 0


    The Interagency Crime and Drug Enforcement (ICDE) account 
seeks to ``break'' the drug market by making it more costly and 
less profitable, and aims to ``reduce the threat, trafficking, 
use and related violence of illegal drugs.'' The multi-agency 
enforcement program of the Organized Crime Drug Enforcement 
Task Forces (OCDETF) focuses participants squarely on the 
mission of attacking high-level organizations through 
coordinated, nationwide investigations.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $509,154,000 for 
Interagency Crime and Drug Enforcement Account, the same as the 
request and $11,219,000 above fiscal year 2007.
    The recommendation for the ICDE account totals 3,576 
positions and 3,522 FTE.
    In fiscal year 2008, the ICDE account will continue to 
encompass the multi-agency enforcement program of the Organized 
Crime Drug Enforcement Task Forces (OCDETF). The OCDETF Program 
pursues comprehensive, multi-level investigations of major 
regional, national and international drug-trafficking and money 
laundering organizations. The program was created in 1982 to 
ensure a coordinated, multi-agency approach to attacking and 
dismantling high-level drug enterprises. The ICDE account is 
made up of two Decision Units--OCDETF Investigations and OCDETF 
Prosecutions. The Investigations Decision Unit includes the 
reimbursable resources that support investigative activities of 
the following participating agencies: the Drug Enforcement 
Administration (DEA); the Federal Bureau of Investigation 
(FBI); the Bureau of Alcohol, Tobacco, Firearms and Explosives 
(ATF); and the U.S. Marshals Service (USMS). The Prosecutions 
Decision Unit includes the reimbursable prosecution resources 
situated at the 94 U.S. Attorneys Offices around the country 
(executed through the Executive Office for U.S. Attorneys) and 
the Criminal and Tax Divisions, to identify, disrupt, and 
dismantle the drug trafficking and money laundering 
organizations most responsible for the nation's supply of 
illegal drugs.
    The recommendation includes the following amounts to 
reimburse agencies for their costs of participating in OCDETF 
task forces:

                         REIMBURSEMENT BY AGENCY
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                                Amount
------------------------------------------------------------------------
Drug Enforcement Administration............................     $197,617
Federal Bureau of Investigation............................      137,073
United States Marshals Service.............................        8,458
Bureau of Alcohol, Tobacco, Firearms and Explosives........       11,402
United States Attorneys....................................      133,672
Criminal Division..........................................        2,713
Tax Division...............................................          983
Administrative Office/Fusion Center........................        5,509
------------------------------------------------------------------------

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................    $5,989,181,000
Fiscal Year 2008 request..............................     6,349,950,000
Recommended in the bill...............................     6,498,111,000
Bill compared with:
    Fiscal Year 2007 enacted..........................      +508,930,000
    Fiscal Year 2008 request..........................      +148,161,000


    The mission of the Federal Bureau of Investigation (FBI) is 
to protect and defend the United States against terrorism and 
foreign intelligence threats, to uphold and enforce the 
criminal laws of the United States, and to provide leadership 
and criminal justice services to federal, state, municipal, and 
international agencies and partners.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $6,498,111,000 for 
the Federal Bureau of Investigation (FBI), $148,161,000 above 
the request and $508,930,000 above fiscal year 2007.
    The Committee also directs that $15,000,000 from remaining 
funds previously made available to FBI Salaries and Expenses 
under P.L. 109-148 be made available to further account for the 
budget shortfall.
    The Committee is disappointed in the composition of the 
Department of Justice budget request for the FBI that used as a 
base the average of the House and Senate recommendations for 
fiscal year 2007 less one percent. The 2007 level for the FBI 
provided by the 110th Congress supported the full 
Administration request plus additional funds for the 2007 pay 
raise. The Committee expected that the Administration would 
recalculate the Department of Justice's budget needs for fiscal 
year 2008 based on the actual 2007 base. The effect of the 
Administration's 2008 budget gimmick is that agencies' fiscal 
year 2008 budget requests are not sufficient to fully fund the 
adjustments to base and program increases requested in fiscal 
year 2008. For the FBI's salaries and expenses account the 
result is a deficit of $139,170,000. If funded at the 
President's request level, the FBI would be required to address 
this shortfall through imposition of a limited hiring freeze, 
imposition of across-the-board reductions to operational 
support programs, and deferment of program enhancements. To 
account for the salaries and expenses shortfall, the Committee 
recommendation includes $148,161,000 above the request. The 
Committee also directs that $47,000,000 in requested increases 
for NGI-IAFIS and IDENT/IAFIS Interoperability shall be derived 
from excess user fee collections for various Criminal Justice 
Information Services programs for these initiatives.
    FBI transformation.--Since the terrorist attacks of 
September 11, 2001, the FBI has undertaken significant 
initiatives to transform itself to become a threat-based, 
intelligence driven organization whose focus is on preventing 
terrorism and protecting national security. Between 2001 and 
2007, field investigative efforts in counterterrorism have 
increased more than 100 percent, from approximately 1,150 
agents to nearly 2,400. Over the same period, FBI field 
investigative resources used for criminal investigative matters 
have decreased 29 percent, from nearly 6,200 agents to 4,400 
agents over the same period. The Committee is concerned over 
the decline in FBI criminal investigative resources, 
particularly in light of the recent announcement by the FBI 
that violent crime in communities across the Nation--murders, 
robberies, forcible rapes, and aggravated assaults--rose for 
the second straight year. Violent crime data, reported from 
more than 11,700 State and local law enforcement agencies, 
increased 1.3 percent in 2006 and 2.3 percent in 2005. The 
Committee is concerned that at a time state and local law 
enforcement resources are being stressed by a resurgence of 
violent crime, they are also being expected to take on 
increased homeland security responsibilities. Most violent 
crime falls under the jurisdiction of state and local law 
enforcement, therefore the Committee provides $3,195,000,000 to 
State and local law enforcement for crime fighting initiatives, 
53 percent above the President's request and 10 percent above 
the fiscal year 2007 level. These partnerships can benefit the 
FBI in performing its counterterrorism mission by helping 
detect low level criminal activities committed by terrorists 
and terrorist supporters that otherwise might have gone 
unrecognized. However, the Committee recognizes that state and 
local law enforcement also benefit from the criminal 
investigative resources and capabilities of the FBI in 
targeting and disrupting violent gangs and criminal enterprises 
responsible for the upsurge in crime. A critical challenge 
facing the Committee is ensuring the FBI is properly resourced 
to carry out both its national security and criminal 
investigative and intelligence missions. Previously, the 
Committee urged the FBI to develop a long-range budget strategy 
for its transformation to aid the Committee in understanding 
the end-state capabilities and multi-year resources 
requirements of the FBI. The Committee is aware that such a 
multi-year plan has been prepared and directs the FBI to 
provide to the Committee, not later than July 31, 2007, a 
briefing on the end-state capabilities identified. The 
Committee understands that the end state capability budget 
requested more than 2400 positions for the FBI in fiscal year 
2008 based on current needs and the number of positions that 
the FBI could absorb and train. For fiscal year 2008 the FBI 
request to DOJ included 771 agents, more than three times the 
actual number requested in the budget. The Committee provides 
more than $70,000,000 as an investment in counter-terrorism and 
crime fighting.
    Program Changes.--The Committee recommendation provides the 
following program changes:
    1. National Security Field Investigations--245 positions 
(150 agents and 95 support personnel) and $40,327,000 to 
increase the level of field resources dedicated to national 
security investigations.
    2. Surveillance--50 positions (all support) and $11,997,000 
to provide additional resources for the FBI to conduct 
surveillances in support of priority national security 
investigations.
    3. National Security Branch Analytical Capabilities 
(NSAC)--36 positions (5 agents, 10 IAs, and 21 support) and 
$11,969,000 for the National Security Branch Analysis Center to 
fulfill the Foreign Terrorist Tracking Task Force (FTTTF) 
mission objectives outlined under Homeland Security 
Presidential Directive-2 (HSPD-2) and to support the FBI's 
National Security Branch (NSB) components, including the 
Counterintelligence and Counterterrorism Divisions and the 
Weapons of Mass Destruction (WMD) and Intelligence 
Directorates, in the detection, identification, and tracking of 
individuals or entities that pose threats to the United States 
and its interests through the use of advanced analytical 
techniques, technologies, and data resources.
    4. Computer Intrusions--31 positions (25 agents and 6 
support personnel) and $5,561,000 to support the Computer 
Intrusion Program (CIP), which is responsible for criminal, CT, 
and CI computer intrusion-related investigations where the 
Internet, computers, or networks are the primary tools or 
targets of the activity.
    5. Crimes Against Children (CAC)/Innocent Images National 
Initiative (IINI)--14 positions (all support) and $2,356,000 to 
provide a coordinated investigative, operational, and 
intelligence effort to combat crimes against children (CAC) and 
to address child abductions, predators who sexually assault 
children, and child prostitution.
    6. Computer Analysis Response Teams (CART)--$22,840,000 to 
address the challenge of collecting, examining, reviewing, and/
or analyzing the ever-increasing amount of digital evidence 
obtained in intelligence and criminal investigations, such as 
terrorism and espionage, violent crimes, the trafficking of 
illegal drugs, crimes against children, bias motivated crimes 
and racial discrimination, corporate crime, cyber crime, and 
tax and identity fraud.
    7. Regional Computer Forensics Laboratory (RCFL)--
$6,000,000 to establish an additional RCFL to combine and 
leverage scarce technical resources and capabilities to combat 
terrorism, foreign counterintelligence operations, cyber crime, 
white collar crime, and other major criminal activity by a 
unique partnership that promotes quality computer forensics and 
strengthens the computer forensic capacity of all levels of 
government.
    8. Weapons of Mass Destruction (WMD) Directorate--146 
positions (29 agents, 48 IAs, and 69 support personnel) and 
$18,984,000 to develop the essential baseline capabilities to 
build a dedicated WMD program, designed to prevent, prepare 
for, and respond to the threat of WMD.
    9. Headquarters (HQ) Infrastructure--$7,500,000 to address 
the shortfall of space at the FBIHQ facility by acquiring and 
building out an FBIHQ Annex in the Washington, D.C. area.
    10. Data Intercept & Access Program--41 positions (6 agents 
and 35 support) and $37,795,000 to provide the technical 
expertise, training, and necessary equipment to execute 
lawfully authorized electronic surveillance of data network 
communications facilities under Title 50 U.S.C. 1801 (FISA) and 
Title 18 U.S.C. 2511 (Wiretap).
    11. Communication Exploitation--18 positions (7 IAs and 11 
support personnel) and $7,809,000 to enhance the FBI's ability 
to exploit terrorist communications by leveraging technical and 
analytical capabilities.
    12. Operational Enterprise Services--$10,000,000 to provide 
operations and maintenance support to the FBI's information 
technology infrastructure.
    13. Human Source Validation and Delta Enhancement--75 
positions (56 IAs and 19 support personnel) and $12,729,000 to 
measure the accuracy, credibility, and reliability of 
information supplied by a human source and to reach a 
conclusion to continue, or discontinue, that source in the 
future.
    14. DNA Upgrade--$14,644,000 to comply with the DNA Backlog 
Identification Act of 2000, the USA PATRIOT Act of 2001, the 
Justice for All Act of 2004, and the DNA Fingerprint Act of 
2005.
    15. Combined DNA Index System (CODIS)--$7,000,000 to 
upgrade CODIS software in order to avoid obsolescence problems.
    16. Human Intelligence (HUMINT) Management--10 positions (6 
agents and 4 support) and $9,525,000 to improve the FBI's 
HUMINT training capability through the delivery of the HUMINT 
Source Targeting and Development Course (HSTDC).
    17. Digital Collection System (DCS) 5000--14 positions (all 
support) and $10,297,000 ($3,262,000 personnel and $7,035,000 
to enhance the FBI's capacity to accomplish its audio and data 
collection in the furtherance of its foreign 
counterintelligence (FCI) and counterterrorism (CT) 
responsibilities.)
    18. Tactical Operations Support Center (TOSC)--13 positions 
(6 agents and 7 support personnel) and $4,956,000 to address 
the increasing demand for the use of the covert entry/search 
technique in support of the FBI's intelligence/evidence 
collection requirements.
    19. Prevention of IT Obsolescence--$5,000,000 (all non-
personnel) to provide for the technical refreshment of the 
FBI's information technology infrastructure to prevent 
obsolescence.
    20. Render Safe Mission (RSM)--9 positions (3 agents and 6 
support personnel) and $11,047,000 to address the White House 
directive giving the FBI the mission to respond to devices 
involving Weapons of Mass Destruction (WMD) within the United 
States and its territories. The Committee also provided funds 
above the President's request in the 2007 Supplemental bill for 
this purpose. The Committee is concerned that the 
Administration has not requested sufficient funds for the FBI's 
responsibilities under the Render Safe Mission and expects that 
appropriate resources will be recurred and requested in the 
Administration's 2009 budget request.
    21. Terrorist Screening Center (TSC)--14 positions (1 agent 
and 13 support personnel) and $1,342,000.
    22. Central Records Complex (CRC)--$4,000,000 for costs to 
the General Services Administration (GSA) required for the 
permanent CRC facility.
    23 and 24. CIO Management--$6,429,000 for consulting 
services required by the Office of Information Technology 
Program Management (OIPM); and $1,071,000 for investment 
management and project assurance operations of the Office of IT 
Policy and Planning's programs.
    25. IDENT/IAFIS Interoperability--$10,000,000 to support 
the development of interoperability, to be derived from fees.
    26. Next Generation Identification (NGI)--$25,000,000 to 
address increasing sophistication of fingerprint search 
algorithms, overall storage capacity, and peripheral systems by 
improving IAFIS speed and accuracy, by enhancing the criminal 
history record information (CHRI) database, and by enhancing 
latent palm print capabilities, to be derived from fees.
    27. Regional Data Exchange (R-DEx)--$5,000,000 to support 
the development of additional functionality identified as part 
of the R-DEx requirement, to be derived from fees.
    28. Open Source Program Staffing--3 support positions and 
$375,000 to staff the Open Source Program. These positions 
would be used to define the FBI's open source.
    29. National Virtual Translation Center (NVTC)--3 support 
positions and $3,450,000 to provide resources to fund priority 
language technology initiatives at the NVTC, support NVTC 
program office management, and support the Intelligence 
Community Linguistic Exploitation Program.
    National Security Letters.--The Committee is very concerned 
with the March 2007 Office of Inspector General (OIG) report 
that identified numerous FBI abuses and misuses of National 
Security Letter (NSL) authority. It shows that FBI reported to 
Congress false information on the numbers of NSLs. However, 
what is even more alarming to the Committee is the report that 
the FBI's own lawyers counseled against the illegal use of 
emergency letters requesting telephone and internet 
information, and still the practice continued for two years. 
The Committee includes a general provision prohibiting the use 
of funds to authorize a national security letter in 
contravention of the statutes authorizing the FBI to issue 
national security letters.
    The OIG audit found that the FBI circumvented the NSL 
authority completely by using ``exigent letters'' to obtain 
information, with the promise that the agent had already 
requested a grand jury subpoena or an NSL. In 700 exigent 
letters requesting information on 3,000 phone numbers, the 
required and referred to subpoena or NSL was never sent. The 
companies receiving the ``exigent letters'' were asked to turn 
over sensitive customer information based on the presumption 
that the subpoena would follow. In fact no emergency existed, 
and no grand jury subpoenas or NSLs had been requested before 
the documents were obtained. The FBI Office of General Counsel 
(OGC) was aware of the illegal contracts with the phone 
companies that were requested to provide the information 
because, as with all FBI contracts, OGC attorneys were involved 
in reviewing and approving them. The OIG's review of the 
General Counsel email found that for two years attorneys 
counseled ``officials to take a variety of actions, including 
discontinued use of exigent letters except in true 
emergencies'' and myriad other options, none of which were 
taken. The Committee is not only concerned that this practice 
continued for two years despite counsel's recommendation to 
cease, but also that Congress only found out about the 
situation upon public release of the OIG report when the FBI's 
General Counsel has been briefing Special Agents in Charge on 
reversing practices for two months prior. The OIG ``did not 
find any indication that FBI's misuses of NSL authorities 
constituted criminal misconduct; however, the OIG found that 
the FBI used NSLs in violation of applicable NSL statutes.'' 
The Committee finds little comfort in the OIG's assurance that 
the FBI's actions did not constitute criminal misconduct. 
Therefore, the Committee directs the FBI to report within two 
months after enactment of this Act on what has been done to 
implement the OIG's recommendations, and what is being done to 
ensure that in the future when mistakes are caught through the 
processes in place as these mistakes were caught by FBI 
counsel, that something will be done and that Congress will be 
notified, before two years of illegal use of authorities 
continues.
    SENTINEL.--The Committee recommendation includes 
$80,000,000, as requested, for SENTINEL, the FBI's new case 
management system. The Committee understands that the request 
would not have been sufficient to cover these costs absent the 
Committee's recommendation to provide increased funds to cover 
the Administration's requested shortfall. The Committee 
understands that the SENTINEL contract includes a set-aside of 
$8.3 million in appropriated funds for a ``risk reserve.'' 
Considering that the cost of the Trilogy project started at 
$379.8 million, but grew to $581.1 million, the Committee is 
circumspect about the need to tap into this risk reserve. The 
Committee expects the FBI to inform the Committee prior to the 
allocation of funds from the risk reserve. The Committee also 
expects that it will continue to be regularly briefed on 
SENTINEL. The Committee includes language under the Office of 
Inspector General requesting an assessment of the FBI's 
implementation of the OIG's seven recommendations to the FBI to 
help ensure the success of the SENTINEL case management system 
(Audit Report 06-14: The Federal Bureau of Investigation's Pre-
Acquisition Planning for and Controls over the Sentinel Case 
Management System).
    Five-Year Term Limit Policy.--The Committee is aware of 
concerns with the Director's enforcement of the Five-Year Term 
Limit Policy. The Committee directs the Director to report 
within two months after enactment of this Act on the program 
including how the Director has addressed the concerns of the 
various Agents Committees. The report should include: the 
number of Supervisory Special Agents expected to advance 
through this program at the time of the program's inception in 
2004; the number of Supervisory Special Agents who have moved 
to headquarters or to another field office; and the number of 
Supervisory Special Agents who have stepped down or retired. 
The report should also include any actions taken, or any 
further planned actions regarding the effect of this policy on 
agent annuities.
    High-Cost Areas.--The Committee is aware of concerns about 
recruitment and retention of FBI agents working in high-cost 
areas. The Committee expects the Director to report within two 
months after enactment on any actions taken, and any further 
planned actions to address these concerns.
    Intellectual Property Rights Enforcement.--Within the level 
of funds in the base budget for Intellectual Property, the FBI 
is directed to increase the number of agents dedicated to 
intellectual property investigations assigned to each of the 
Department's Computer Hacking and Intellectual Property Rights 
units in the field, and increase the number of agents dedicated 
to intellectual property investiagions assigned to headquarters 
to support the Criminal Division's Computer Crime and 
Intellectual Property section and the National Intellectual 
Property Rights Coordination Center.
    Innocent Images.--The Innocent Images National Initiative 
is an intelligence-driven, proactive, multi-agency 
investigative operation to combat the proliferation of child 
pornography and child sexual exploitation facilitated by an 
online computer. The program provides centralized coordination 
and analysis of case information that by its very nature, is 
national and international in scope, requiring unprecedented 
coordination with State, local, and international governments, 
and among FBI field offices and Legal Attaches. The Committee 
encourages the FBI to provide increased resources to child 
pornography crimes.
    NGI-IAFIS and IDENT/IAFIS Interoperability.--The Committee 
supports the FBI's efforts to improve the speed and accuracy of 
IAFIS, expand the data available in the system, and improve its 
latent print capabilities. The Committee also supports the 
FBI's efforts to make the FBI's IAFIS system and the Department 
of Homeland Security's IDENT system fully interoperable. The 
recommendation provides a $47,000,000 increase for these 
projects which the Committee directs shall be derived from 
excess user fee collections for various Criminal Justice 
Information Services programs for these initiatives.
    Anti Car Theft.--The Anti Car Theft Act of 1992 (Public Law 
102-519) created the National Motor Vehicle Title Information 
System (NMVTIS). NMVTIS allows state titling agencies to verify 
the validity of ownership documents before they issue new 
titles. NMVTIS is an effective tool to prevent fraudulent use 
of title documents and investigate vehicle thefts. According to 
the latest data from Federal and international law enforcement 
agencies, auto theft is becoming an increasingly prevalent 
means of financing terrorist activity.
    Under the Act, the Department of Justice was directed to 
establish rules and practices for the reporting of junk and 
salvage vehicles to NMVTIS. To date, such rules have not yet 
been established.
    The Committee directs the Department of Justice and the 
Federal Bureau of Investigation to comply with this provision 
of the Act and immediately draft rules for the reporting of 
junk and salvage vehicles by insurance carriers and salvage and 
junkyard operators and State Department of Motor Vehicles 
(DMVs) information by State DMVs into the National Motor 
Vehicle Title Information System.

                              CONSTRUCTION




Fiscal Year 2007 enacted..............................       $51,392,000
Fiscal Year 2008 request..............................        81,352,000
Recommended in the bill...............................        33,191,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       -18,201,000
    Fiscal Year 2008 request..........................       -48,161,000


                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $33,191,000 for the 
FBI's Construction account, $48,161,000 below the fiscal year 
2008 request and $18,201,000 below the amounts provided in 
fiscal year 2007. The Committee recommendation does not include 
$48,161,000 as these funds were not justified in the request.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................    $1,956,967,000
Fiscal Year 2008 request..............................     2,041,818,000
Recommended in the bill...............................     2,081,818,000
Bill compared with:
    Fiscal Year 2007 enacted..........................      +124,851,000
    Fiscal Year 2008 request..........................       +40,000,000


    The Drug Enforcement Agency's (DEA) mission is to enforce 
the controlled substances laws and regulations of the United 
States and bring to the criminal and civil justice system of 
the United States, or any other competent jurisdiction, those 
organizations and principal members of organizations involved 
in the growing, manufacturing, or distribution of controlled 
substances appearing in or destined for illicit traffic in the 
United States; and to support non-enforcement programs aimed at 
reducing the availability of illicit controlled substances on 
the domestic and international markets.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $2,081,818,000 for 
the DEA, $40,000,000 above request and $124,851,000 above 
fiscal year 2007.
    The recommendation includes the following program 
increases:
    1. Southwest Border and Methamphetamine Enforcement--8 
positions, 4 FTE, and $21,299,000 (non-personnel funding) to 
attack poly-drug trafficking organizations located along the 
Southwest Border by increasing DEA's intelligence gathering, 
detection, monitoring, and surveillance capabilities.
    2. Counterterrorism and Intelligence Sharing--7 positions 
(including 1 Special Agent), 4 FTE, and $7,124,000 to improve 
information sharing with the Intelligence Community (IC) and 
other law enforcement agencies to enhance our Nation's efforts 
in reducing the supply of drugs, protecting our national 
security, and combating global terrorism; establish base-
funding for DEA's Operation Breakthrough; and support the 
Department of Justice's new National Gang Targeting, 
Enforcement, and Coordination Center (GangTECC).
    3. Online Investigations--$3,020,000 to support Internet 
investigations, Internet intercept capabilities, undercover 
Internet workstations, and computer forensics support.
    The Committee is aware of concerns that anti-drug task 
forces may have engaged in activities that amount to racial or 
ethnic profiling. The Committee urges the agency to ensure that 
no Federal funding is used in such a manner as to unfairly 
target racial minorities. The Committee directs the Department 
of Justice to immediately examine its policies ensuring that 
individuals are not unjustly targeted due to their race, 
national origin, or limited English proficiency during drug law 
enforcement initiatives and prosecutions; to examine the 
implementation of such policies; and to report back in 90 days 
from enactment of this Act about its efforts to remedy this 
problem as soon as possible.
    Methamphetamine.--The Committee understands that 80 percent 
of all methamphetamine consumed in the United States is 
produced in laboratories located in Mexico or California, which 
is then distributed across the country using existing drug 
trafficking routes. To address this problem, the Committee 
includes $21,299,000 for Southwest Border and Methamphetamine 
Enforcement. Small domestic amateur labs, in home kitchens, 
motel rooms, or other similar spaces, produce methamphetamine 
within the United States. Since March 2005, the DEA Mobile 
Enforcement Teams (MET) have made methamphetamine 
investigations a priority. In fiscal year 2005, 41 percent of 
new MET deployments targeted methamphetamine trafficking 
organizations. However, the President's request for fiscal year 
2008 terminates this program which bolsters State and local law 
enforcement. The Committee rejects this proposal and includes 
$20,578,000 for MET teams. In addition, in order to help State 
and local law enforcement address the methamphetamine epidemic, 
the recommendation provides $600,000,000 for the Justice 
Assistance Grants program, $85,000,000 for meth-specific COPS 
grants, $40,000,000 for Drug Court programs, and $10,000,000 
for State Prison Drug Treatment programs. The Committee rejects 
the Administration's proposal to eliminate all of these 
programs. Instead, the recommendation includes significant 
increases for each program over current year funding levels.
    Funds provided above the request are intended to support 
current operation levels, and to provide limited relief toward 
the lifting of the DEA's hiring freeze. The Committee 
encourages the Department to submit a fiscal year 2008 budget 
amendment providing sufficient additional resources for a full 
lifting of the freeze.
    With the resources provided by the Committee in this bill 
and in the FY 2007 supplemental, the Administration's proposed 
reduction for ``hollow FTE'' is not accepted by the Committee. 
Some FTE and positions that had been proposed for elimination 
will be needed to support the restored staffing levels.

          Bureau of Alcohol, Tobacco, Firearms and Explosives


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................      $984,097,000
Fiscal Year 2008 request..............................     1,013,980,000
Recommended in the bill...............................     1,013,980,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +29,883,000
    Fiscal Year 2008 request..........................                 0


    The Bureau of Alcohol, Tobacco, Firearms and Explosives 
(ATF) is a principal law enforcement agency within the 
Department of Justice (DOJ) dedicated to preventing terrorism, 
reducing violent crime, and protecting our Nation. The men and 
women of ATF perform the dual responsibilities of enforcing 
Federal criminal laws and regulating the firearms and 
explosives industries. The combined efforts of special agents 
and industry operations investigators allow ATF to effectively 
identify, investigate, and recommend for prosecution violators 
of the Federal firearms and explosives laws; additionally, this 
teamwork enables ATF to ensure that licensees are operating 
within established laws and regulations.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $1,013,980,000 for 
the ATF, the same as the request and $29,883,000 above fiscal 
year 2007.
    The recommendation includes a base adjustment for the Arson 
and Explosives decision unit. The Committee does not provide an 
additional $10,000,000 for the requested purpose of restoring 
funds due to the lack of adoption of an explosives poundage fee 
in fiscal year 2007. The Committee directs the Department to 
fully justify requests and not request funds to supplement 
proposals rejected by the Committee in the previous year. 
Instead the Committee expects the additional $10,000,000 to go 
toward the ATF's current services shortfall. The recommendation 
also includes $6,344,000 for the Firearms Trafficking/Gun 
Runner Program, $2,240,000 for Project Safe Neighborhoods/
Firearms Violence Reduction, and $373,000 for the Bureau's 
share of GangTECC.
    The Committee has heard reports that ATF has pursued 
license revocations and denials against firearms dealers based 
on violations that consist largely of recordkeeping errors of 
various types that are unlikely to impede tracing 
investigations or prosecution of individuals who use firearms 
in crime. The Committee encourages ATF to consider lesser 
gradation of sanctions for recordkeeping errors.
    The Committee understands that there remain a number of 
open rulemakings and that the delay in resolving the rules is 
due to staff shortages. However the ATF has not requested an 
increase in resources to address this regulatory backlog. The 
Committee directs the ATF to report within two months after 
enactment of this Act on the status of all open rules and the 
Bureau's plans to address the backlog.
    The Committee recommends bill language similar to previous 
years and the budget request, that: (1) Prohibits funding for 
consolidating or centralizing certain records; (2) prohibits 
funding to amend the definition of ``Curios or relics''; (3) 
prohibits funding for investigating or acting upon applications 
for relief from Federal firearms disabilities under 18 U.S.C. 
925(c); (4) makes funding available to investigate and act upon 
applications filed by corporations for relief from Federal 
firearms disabilities under section 18 U.S.C. 925(c); (5) 
prohibits funding to transfer the functions, missions or 
activities of the ATF to other agencies or Departments; (6) 
prohibits funding to be used to disclose certain firearms trace 
data; (7) prohibits funding to promulgate or implement any rule 
requiring a physical inventory of any business licensed under 
18 U.S.C. 923; (8) prohibits funding to be used to 
electronically retrieve information gathered pursuant to 18 
U.S.C. 923(g)(4) by name or any personal identification code; 
and (9) prohibits funding to deny an application for a license 
under 18 U.S.C. 923 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. At 
the same time, the Committee is concerned that the previous 
year's language has been interpreted to prevent publication of 
a long-running series of statistical reports on products 
regulated by ATF. This was never the intention of the 
Committee, and the fiscal year 2008 language makes clear that 
those reports may continue to be published in their usual form 
as they pose none of the concerns associated with law 
enforcement sensitive information. Within the funds provided, 
the Committee expects that ATF will use up to $1,000,000 to 
produce these statistical reports.
    The Committee directs the ATF to submit a report on 
recommended improvements to upgrade its information technology 
systems, including cost and time estimates.

                         Federal Prison System


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................    $4,995,433,000
Fiscal Year 2008 request..............................     5,151,440,000
Recommended in the bill...............................     5,171,440,000
Bill compared with:
    Fiscal Year 2007 enacted..........................      +176,007,000
    Fiscal Year 2008 request..........................       +20,000,000


    The Bureau of Prisons (BOP) is responsible to protect 
society by confining offenders in the controlled environments 
of prisons and community-based facilities that are safe, 
humane, cost-efficient, and appropriately secure, and that 
provide work and other self-improvement opportunities to assist 
offenders in becoming law-abiding citizens.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $5,171,440,000 for 
the salaries and expenses of the Federal Prison System, which 
is $20,000,000 above the request and $176,007,000 above fiscal 
year 2007.
    The Committee is concerned about the safety implications of 
overcrowding in Federal prisons. Today, there are more than 
195,000 Federal inmates in 114 institutions, a six-fold 
population increase since 1980. The crowding rate is now 36 
percent over capacity and is projected to grow.
    The Committee is troubled by reports of a rising incidence 
of assaults by inmates on staff and other inmates. The 
Administration is strongly urged to examine these reports 
closely and to adjust staffing levels as warranted. The 
Committee is also concerned that inadequate budget requests 
have resulted in the BOP's excessive use of overtime to staff 
correctional facilities instead of properly funding permanent 
staff positions. Within 60 days of enactment of this Act, the 
Bureau of Prisons is directed to report to the Committee on 
Appropriations on the authorized staffing levels at each of its 
facilities and to indicate which positions are not filled.
    It is critically important that future Administration 
budget requests adequately reflect the personnel and 
infrastructure investments needed to safely and humanely 
incarcerate the growing Federal prison population.
    Reducing criminal recidivism.--The Committee strongly 
believes that inmate literacy, training, and substance abuse 
treatment programs are cost-effective tools in reducing the 
societal costs of criminal recidivism. Inmates who leave prison 
drug-free and with employable skills are less likely to commit 
new crimes. Within the funds provided, the Committee recommends 
increases of: $8,000,000 and 60 education positions to expand 
inmate GED/literacy and occupational skills training programs; 
and $12,000,000 to reduce the long waiting lists of inmates in 
need of residential and transitional drug treatment.
    Contracting out.--The Committee recommendation includes a 
general provision to prohibit the use of funds to conduct, 
process or approve a public-private competition under OMB 
Circular A-76 for personnel who are employees of the Bureau of 
Prisons or of Federal Prison Industries, Incorporated. This 
provision does not prevent the Bureau of Prisons from meeting 
additional bed space needs using State, local, and private 
existing and new prison capacity.
    Adam Walsh Act implementation.--The Committee 
recommendation includes funding to expand BOP offender 
management and treatment programs, as authorized by the Adam 
Walsh Child Protection and Safety Act of 2006.
    Activation of FCI Pollock.--Within the amount provided, the 
Committee expects the BOP to begin activation of a new 1,152 
bed, medium security prison in Pollock, Louisiana.
    National Institute of Corrections (NIC).--To address 
deficiencies in corrections reporting identified by the U.S. 
Census Bureau, the Committee encourages the NIC to work with 
State corrections agencies to develop procedures and systems 
for collecting and maintaining corrections records.
    The Committee recommends bill language, similar to that 
included in previous Appropriations Acts, which provides: (1) 
For the purchase of motor vehicles; (2) for the provision of 
technical advice to foreign governments; (3) for transfer of 
funds to the Health Resources and Services Administration; (4) 
for the Director to enter into contracts to furnish health 
care; (5) up to $6,000 for reception and representation 
expenses; (6) up to $20,000,000 for contract confinement 
expenses for the care and security of Cuban and Haitian 
entrants; and (7) for the Federal Prison System to accept 
donated property and services. The recommendation modifies the 
number of new and replacement automobile purchases and includes 
language, as requested, designating an amount to remain 
available for two fiscal years.

                        BUILDINGS AND FACILITIES




Fiscal Year 2007 enacted..............................      $432,425,000
Fiscal Year 2008 request..............................       210,003,000
Recommended in the bill...............................        95,003,000
Bill compared with:
    Fiscal Year 2007 enacted..........................      -337,422,000
    Fiscal Year 2008 request..........................      -115,000,000


                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $95,003,000 for the 
modernization, maintenance, and repair of prison and detention 
facilities housing Federal inmates, which is $337,422,000 below 
fiscal year 2007 and $115,000,000 below the request.
    The Committee acknowledges the Administration's request for 
$115,000,000 to complete construction of a new Federal 
Correctional Institution in Mendota, California. The Congress 
included funding to complete Mendota and two other prisons in 
the fiscal year 2007 Appropriations Act, which was enacted in 
February 2007.
    The Committee has serious concerns about the 
Administration's repeatedly inadequate requests for 
modernization, maintenance and repair of Federal prison 
facilities. Of the BOP's 114 institutions, 36 are more than 50 
years old, and most have not undergone major renovations since 
they were constructed or acquired by BOP. Therefore, the 
Committee directs that the funds provided for buildings and 
facilities are only for modernization, maintenance and repair.

   LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON INDUSTRIES, 
                              INCORPORATED




Fiscal Year 2007 enacted..............................        $3,322,000
Fiscal Year 2008 request..............................         2,477,000
Recommended in the bill...............................         2,477,000
Bill compared with:
    Fiscal Year 2007 enacted..........................          -845,000
    Fiscal Year 2008 request..........................                 0


    Created by Federal statute in 1934, Federal Prison 
Industries (FPI) operates as a wholly-owned, self-sustaining 
Government corporation. FPI employs and provides skills 
training to Federal inmates.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes a limitation on 
administrative expenses of $2,477,000 for Federal Prison 
Industries, Incorporated (FPI), which is $845,000 below fiscal 
year 2007 and equal to the request. The Committee believes that 
those who are repaying their debts to society should be 
provided opportunities to prepare themselves to re-enter the 
community as gainfully employed citizens. The Committee expects 
the Administration to continue to offer meaningful work 
opportunities to inmates while respecting the interests of 
small and medium-sized businesses.

                    Office on Violence Against Women


       VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION PROGRAMS




Fiscal Year 2007 enacted..............................      $382,571,000
Fiscal Year 2008 request..............................       370,005,000
Recommended in the bill...............................       430,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +47,429,000
    Fiscal Year 2008 request..........................       +59,995,000


    The Office on Violence Against Women (OVW) coordinates 
legislative and other initiatives relating to violence against 
women and administers grant programs to help prevent, detect, 
and stop violence against women, including domestic violence, 
sexual assault, and stalking.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $430,000,000 to 
support grants under the Violence Against Women Act, which is 
$47,429,000 above fiscal year 2007 and $59,995,000 above the 
request.
    This increase will be available to significantly expand the 
capacity of law enforcement officers and prosecutors 
specifically targeting crimes against women, to develop and 
implement effective arrest and prosecution policies to prevent, 
identify, and respond to violent crimes against women, and to 
provide much needed victim services.
    The Administration proposes to eliminate existing formula 
and discretionary grant programs administered by OVW, and 
replace them with a single competitive grant program. The 
Committee recommendation rejects the Administration's proposal 
and retains the basic OVW account structure used in previous 
fiscal years. The following table outlines funding recommended 
for these programs.

                    OFFICE ON VIOLENCE AGAINST WOMEN
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              FY08
                         Program                         recommendation
------------------------------------------------------------------------
STOP Grants:                                                    $205,000
    (National Institute of Justice--R&D).............            (2,000)
    (Transitional Housing Assistance)................           (20,000)
Grants to Encourage Arrest Policies..................             63,000
Rural Domestic Violence Assistance Grants............             40,000
Violence on College Campuses.........................             10,000
Civil Legal Assistance...............................             40,000
Sexual Assault Victims Assistance....................             10,000
Engaging Men and Youth in Prevention.................             10,000
Elder Abuse Grant Program............................              5,000
Safe Havens Program..................................             15,000
Education & Training for Disabled Female Victims.....              8,000
CASA (Special Advocates).............................             12,000
Training for Judicial Personnel (child abuse)........              3,000
Training Programs (sex offenders)....................              6,000
Stalking Database....................................              3,000
                                                      ------------------
    Total............................................            430,000
------------------------------------------------------------------------

    Assistance to Victims of Sexual Assault.--Within the funds 
provided, the Committee recommends $10,000,000 for a new 
program of assistance to victims of sexual assault, as 
authorized by section 202 of the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (Public Law 
109-162). These funds are made available for grants to States, 
territories, and tribal governments to provide services to 
adult and minor sexual assault victims, their family and 
household members.
    Engaging Men and Youth in Prevention.--The Committee 
recommends $10,000,000 for Engaging Men and Youth in Prevention 
Efforts, a new program of violence prevention initiatives to 
teach respect and nonviolence in relationships, as authorized 
by Public Law 109-162.

                       Office of Justice Programs

    The Office of Justice Programs (OJP) was established to 
provide Federal leadership, coordination, and assistance needed 
to make the Nation's justice system more efficient and 
effective in preventing and controlling crime. OJP is 
responsible for collecting statistical data and conducting 
analyses; identifying emerging criminal justice issues; 
developing and testing promising approaches to address these 
issues; evaluating program results, and disseminating these 
findings and other information to State and local governments.

                        COMMITTEE RECOMMENDATION

    After a decade of decline, the FBI recently confirmed that 
violent crime, including murders, robberies, and gun crimes, 
has risen across the Nation for the second straight year. 
Despite this disturbing trend, the Administration once again 
proposes to cut State and local law enforcement and crime 
prevention funding by 52 percent below the current year level. 
The Committee rejects the Administration's reckless budget 
cuts.
    Together with their Federal partners, State and local law 
enforcement represent our Nation's front line against crime and 
terrorism. The Committee takes very seriously its 
responsibility to provide Federal leadership in this fight. In 
total, this bill provides $3,195,000,000 for Department of 
Justice state and local law enforcement and crime prevention 
programs, which restores these critical programs to the level 
appropriated in fiscal year 2004.
    The recommendation includes $2,765,000,000 for the Office 
of Justice Programs, which is $1,660,323,000 above the request 
and $286,462,000 above the current year. The recommended amount 
includes $66,000,000 in mandatory appropriations for Public 
Safety Officers Benefits.
    The Committee also rejects the Administration's proposal to 
eliminate existing OJP formula and discretionary grant programs 
and consolidate them into three vaguely defined programs under 
the sole discretion of the Attorney General. To do otherwise 
would be extremely irresponsible to the safety and well-being 
of the American people.
    In the strongest terms, the Committee urges the 
Administration to submit future budget requests which reflect a 
strong Federal commitment to providing the resources needed to 
enhance State and local law enforcement agencies' capacity to 
prevent and control violent crime, gangs, and drug trafficking 
across the Nation.

                           JUSTICE ASSISTANCE




Fiscal Year 2007 enacted..............................     $ 238,340,000
Fiscal Year 2008 request..............................       167,269,000
Recommended in the bill...............................       250,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +11,660,000
    Fiscal Year 2008 request..........................       +82,731,000


    The Bureau of Justice Assistance provides funding, 
training, and technical assistance to State and local 
governments to combat violent and drug-related crime and help 
improve the criminal justice system.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $250,000,000 for the 
Justice Assistance account, which is $11,660,000 above fiscal 
year 2007 and $82,731,000 above the request. The Justice 
Assistance program includes assistance to States and localities 
in the form of research, evaluation, and statistics; economic 
and cyber-crime; information sharing; missing children 
programs; and Justice for All Act implementation, including 
victim notification. In addition, funding for the management 
and administration of all grants provided through OJP is 
provided under this heading. The following table outlines 
funding recommended for these programs.

                           JUSTICE ASSISTANCE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              FY08
                         Program                         recommendation
------------------------------------------------------------------------
National Institute of Justice........................            $60,000
Bureau of Justice Statistics.........................             45,000
State Automated Victim Notification..................             10,000
Justice for All......................................              2,000
Economic, high-tech and cyber crime prevention.......             10,000
Regional Information Sharing.........................             50,000
Missing Children Program.............................             61,400
Management and Administration........................             11,600
                                                      ------------------
    Total............................................            250,000
------------------------------------------------------------------------

    National Institute of Justice.--The Committee 
recommendation provides $60,000,000 for the National Institute 
of Justice (NIJ). In addition, NIJ will receive funding under 
the Byrne Memorial Justice Assistance Grants program and the 
Violence Against Women Prevention and Prosecution programs.
    NIJ is the Nation's primary source of research and 
development in the field of criminal justice. NIJ fosters 
innovation in law enforcement technologies and practices, 
investigates causes and patterns of crime, and informs the 
public of research and development findings. The Committee 
encourages NIJ to work with Federal law enforcement agencies 
and other national experts to ensure coordination of research 
and development efforts.
    Investment in NIJ research has the potential to improve the 
effectiveness of Federal crime-fighting grant programs. 
Increased resources for NIJ will help the Department to 
determine best practices and to disseminate information about 
evidence-based approaches to guide the allocation of Federal 
grant dollars toward the most effective program models.
    National Crime Victimization Survey (NCVS).--Within funds 
provided, the Committee directs the Bureau of Justice 
Statistics (BJS) to appropriately fund the continuation of the 
NCVS, which is a critical source of information on crime 
victimization across the country. Conducted each year since the 
early 1970s, the survey enables BJS to estimate the likelihood 
of victimization by violent and property crime in the Nation, 
as well as for segments of the population. The NCVS also 
provides the largest national forum for victims to describe the 
impact of crime and characteristics of violent offenders.
    Ensuring objective BJS studies.--The Committee directs that 
any statistical studies undertaken by the Bureau of Justice 
Statistics, as well as press releases describing the results of 
these studies, shall be publicly released by the Bureau without 
alteration or clearance by persons outside the Bureau.
    Missing Children.--The Committee recommendation provides 
$61,400,000 for the Missing Children Program for fiscal year 
2008, which is $14,013,000 above the enacted level and 
$61,400,000 above the request. This program provides funds to 
combat crimes against children, particularly kidnapping and 
sexual exploitation.
    The Committee recognizes the critical role that national, 
regional, and local law enforcement agencies and non-profit 
organizations perform in the protection of children from 
predators. The Department is strongly encouraged to fully 
engage these entities in the implementation of new and enhanced 
child protection programs with grant initiatives, training and 
technical assistance, including those authorized by the Adam 
Walsh Child Protection and Safety Act of 2006 (Public Law 109-
248), the Violence Against Women and Department of Justice 
Reauthorization Act of 2005 (Public Law 109-162), and the 
Violent Crime Control and Law Enforcement Act of 1994 (Public 
Law 103-322).
    Regional Information Sharing.--The Committee recommendation 
includes $50,000,000 for fiscal year 2008 for regional 
information sharing to ensure the efficient and effective 
automated exchange of crime and terrorism information among 
Federal, State, and local agencies. The recommendation is 
$10,281,000 above the enacted level and $11,531,000 above the 
request.
    The Committee places a priority on the careful integration 
of the regional information sharing network with the Law 
Enforcement On-Line (LEO) program and other information sharing 
programs. The Committee directs the Department to ensure that 
other interstate information sharing systems funded by OJP and 
COPS utilize existing communications infrastructure and are 
compatible with LEO and this program.
    Justice for All Act/Victim Notification.--The 
recommendation includes $12,000,000 to increase enforcement of 
crime victims' rights and to support the Statewide Automated 
Victim Information Notification (SAVIN) program, as authorized 
by the Justice for All Act, Public Law 108-405. The SAVIN 
program helps protect the legal rights of crime victims by 
providing registered victims with timely and accurate 
information about any changes to the status of their offender, 
such as, trial dates, times, or changes; probation hearings; 
inmate relocation; and offender release.
    Economic, high-tech and cybercrime prevention.--The 
recommendation includes $10,000,000 to support State and local 
law enforcement agencies in the prevention, investigation and 
prosecution of Internet, high-tech and economic crimes, 
including fraud, identity theft, anti-piracy and counterfeiting 
enforcement.
    Management and Administration.--The Committee 
recommendation provides $11,600,000 in direct appropriations 
for the management and administration of OJP programs, which is 
$22,953,000 below the enacted level and equal to the request. 
In addition, consistent with prior practice, reimbursable 
funding for management and administration costs will be made 
available from programs administered by OJP from the 
``Community Oriented Policing Services'' account. Further, the 
Committee notes that remaining management and administration 
funding will be made available from the ``Juvenile Justice 
Programs'' and the ``State and Local Law Enforcement 
Assistance'' accounts, and that these funds will be transferred 
to and merged with the ``Justice Assistance'' account. The 
recommendation includes language capping the total amount for 
OJP management and administration at $127,915,000.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE




Fiscal Year 2007 enacted..............................   $ 1,236,804,000
Fiscal Year 2008 requested............................       550,000,000
Recommended in the bill...............................     1,315,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +78,196,000
    Fiscal Year 2008 requested........................      +765,000,000


                        COMMITTE RECOMMENDATION

    The Committee recommendation includes a total of 
$1,315,000,000 for State and Local Law Enforcement Assistance 
programs. This amount is $765,000,000 above the request and 
$78,196,000 above fiscal year 2007.
    As discussed under the OJP general heading, the Committee 
rejects the Administration's reckless proposal to consolidate 
and drastically cut funding for State and local law enforcement 
and crime prevention programs.
    The Committee recommendation retains the account structure 
used in previous fiscal years to fund State and local law 
enforcement programs. The following table outlines funding 
recommended for these programs.

               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              FY08
                         Program                         recommendation
------------------------------------------------------------------------
Justice Assistance Grants............................           $600,000
    Convention Security..............................           (25,000)
    National Institute of Justice....................           (10,000)
Indian assistance....................................             31,000
    Tribal Prison Construction.......................           (12,000)
    Indian Tribal Courts.............................           (12,000)
    Indian Alcohol and Substance Abuse Reduction.....            (7,000)
State Criminal Alien Assistance Program..............            405,000
Southwest Border Prosecutors.........................             30,000
Byrne Discretionary Grants...........................           -124,500
Drug Courts..........................................             40,000
Missing Alzheimers Patients..........................              1,000
Assistance for Victims of Trafficking................             15,000
Prescription Drug Monitoring.........................              7,500
Prison Rape Prevention...............................             25,000
State Prison Drug Treatment..........................             10,000
Intelligence Sharing.................................              5,000
Capital Litigation...................................              1,000
Mentally Ill Offenders...............................             10,000
Sex Offender Management Assistance...................             10,000
                                                      ------------------
        Total........................................          1,315,000
------------------------------------------------------------------------

    Edward Byrne Memorial Justice Assistance Grant Program.--
The Committee recommendation includes $600,000,000 for formula 
grants under the Edward Byrne Memorial Justice Assistance Grant 
(JAG) program, which is authorized by the Violence Against 
Women and Department of Justice Reauthorization Act of 2005 
(Public Law 109-162). The recommendation for JAG formula grants 
is $600,000,000 above the budget request and $80,148,000 above 
the enacted level.
    Funding under this program is authorized for law 
enforcement programs; prosecution and court programs; 
prevention and education programs; corrections and community 
corrections programs; drug treatment and enforcement programs; 
planning, evaluation, and technology improvement programs; and 
crime victim and witness programs other than compensation. 
Funding is not available for vehicles, vessels, or aircraft; 
luxury items; real estate; or construction projects.
    The formula used for distributing funds under this program 
allocates 50 percent of funding based on population, and 50 
percent based on violent crime rates. The formula allocates 60 
percent of funding to States and 40 percent to units of local 
government.
    Of the amount provided, $25,000,000 is for State and local 
law enforcement for security associated with the 2008 
Presidential Candidate Nominating Conventions, to be divided 
equally between the conventions. In addition, $10,000,000 is 
for the National Institute of Justice to assist local units of 
government to identify, select, develop, modernize, and 
purchase new technologies for use by law enforcement.
    The Committee recommendation includes $124,500,000 for 
Byrne discretionary grants to help improve the functioning of 
the criminal justice system with an emphasis on violent crime, 
drugs and serious offenders. Grants shall be awarded for the 
same authorized purposes as the Edward Byrne Memorial Justice 
Assistance Grant program. Within the amounts provided, 
$10,000,000 is made available for grants to programs of 
national significance to prevent crime, improve the 
administration of justice or assist victims of crime. Within 60 
days of enactment of this Act, the Committee expects the Office 
of Justice Programs to provide a report and spend plan to the 
Committee, which details the scope of the program and the 
criteria and methodology the agency will employ to award 
grants.
    Tribal Law Enforcement Assistance.--The recommendation 
provides a total of $31,000,000 for law enforcement assistance 
to Indian tribes, of which $12,000,000 is for Indian tribal 
courts; $12,000,000 is for tribal prison construction; and 
$7,000,000 is for tribal alcohol and substance abuse reduction 
assistance. The Committee notes with deep concern the poor 
condition of tribal detention facilities and urges the 
Department of Justice to take action to address these needs. In 
particular, the Navajo Nation is one of the largest American 
Indian tribes, and is struggling to contain rising crime. 
Adequate detention facilities are needed to address this 
problem. The Department of Justice is directed to review the 
state of existing tribal detention facilities and the need for 
new detention capacity, and to report to the Committee on 
Appropriations no later than 180 days after the date of 
enactment of this Act on its findings, including 
recommendations and actions that have or will be taken to 
address the needs.
    State Criminal Alien Assistance Program.--The 
recommendation provides $405,000,000 for the State Criminal 
Alien Assistance Program (SCAAP) for reimbursement to States 
for the costs of incarceration of criminal aliens, which was 
again proposed for elimination in the budget request. The 
Committee is also concerned over the long delay in disbursing 
fiscal year 2006 SCAAP funds, and directs the Department to 
improve coordination with the Department of Homeland Security 
in the vetting, verification and reimbursement of claims made 
under the SCAAP program.
    Southwest Border Prosecutions.--The Committee recommends 
$30,000,000 to provide assistance to State and local law 
enforcement agencies (including prosecutors, probation 
officers, courts, and detention facilities) along the southwest 
border with the handling and processing of drug and alien cases 
referred from Federal arrests. The recommendation is $383,000 
above the fiscal year 2007 level. The Administration made no 
funding request for this program.
    Byrne Discretionary Grants.--The recommendation includes 
$124,500,000 for discretionary grants under this account. 
Within the funds provided, the Committee directs the Office of 
Justice Programs to provide not less than the following funding 
levels for the following projects related to law enforcement, 
victims services, and other similar activities.


    Victims of Trafficking.--The recommendation includes 
$15,000,000 to enhance State and local efforts to combat 
trafficking of persons, as authorized by the Trafficking 
Victims Protection Reauthorization Act of 2005 (Public Law 109-
164). The amount provided is $5,128,000 above the enacted level 
and $15,000,000 above the request. The Committee encourages the 
Department of Justice to work with the Department of State and 
the Department of Health and Human Services to strengthen anti-
trafficking training programs.
    State Prison Drug Treatment.--The recommendation includes 
$10,000,000 for State prison drug treatment programs, which is 
$10,000,000 more than the request and $128,000 above the 
current year.
    Drug Courts.--The Committee strong believes that drug 
courts serve a vital role in our Nation's justice system. The 
recommendation includes $40,000,000 for this program, which is 
$30,128,000 above the current year. The Administration made no 
request for this program.
    Hal Rogers Prescription Drug Monitoring Program.--The 
recommendation includes $7,500,000 for the Prescription Drug 
Monitoring Program to assist States in building or enhancing 
prescription drug monitoring systems, facilitating the exchange 
of information among States, and providing technical assistance 
and training on establishing and operating effective 
prescription drug monitoring programs. The Committee expects 
that OJP will continue to work with the DEA to implement this 
program. This amount is $96,000 more than the enacted level and 
$7,500,000 above the request.
    Prison Rape Prevention and Prosecution.--The Committee's 
recommendation provides $25,000,000 for prison rape prevention 
and prosecution programs, as authorized by the Prison Rape 
Elimination Act of 2003 (Public Law 108-79). The Committee 
expects that priority will be given to grants to States to 
prevent and prosecute prison rape. This amount is $7,057,000 
above the enacted level and $25,000,000 more than the request.
    Of the total amount, the Committee directs that $1,800,000 
be transferred to the National Prison Rape Elimination 
Commission, of which $500,000 is made available to conduct a 
report to the Committees on Appropriations on how previously 
appropriated Federal funds have been spent and the impact this 
funding has had on reducing prison rape.
    Capital Litigation.--The recommendation includes $1,000,000 
for capital litigation improvement grants. This amount is 
$13,000 above the enacted level.
    Improving State and Local Law Enforcement Intelligence 
Capabilities.--The recommendation includes $5,000,000 for 
training to improve State and local law enforcement 
intelligence capabilities, as well as training to ensure that 
law enforcement officials will protect individuals' privacy, 
civil rights, civil liberties, and constitutional rights while 
gathering intelligence. The Committee also expects these funds 
to be made available to promote the use of information 
technology standards among law enforcement agencies to ensure 
that data can be exchanged across disparate information 
systems.
    Mentally-Ill Offenders.--The recommendation includes 
$10,000,000 for grants to mental health courts and adult and 
juvenile collaboration program grants, as authorized by the 
Mentally Ill Offender Act of 2004. This amount is $5,064,000 
above the fiscal year 2007 funding level.
    Sex Offender Management Assistance.--The recommendation 
includes $10,000,000 for sex offender management programs and 
grants to help States and local jurisdictions to increase 
public safety by effectively managing sex offenders, as 
authorized by the Adam Walsh Child Protection and Safety Act of 
2006 (Public Law 109-248), the Violence Against Women and 
Department of Justice Reauthorization Act of 2005 (Public Law 
109-162), and the Violent Crime Control and Law Enforcement Act 
of 1994 (Public Law 103-322).

                  COMMUNITY ORIENTED POLICING SERVICES




Fiscal Year 2007 enacted..............................     $ 541,838,000
Fiscal Year 2008 request..............................        32,308,000
Recommended in the bill...............................       725,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................      +183,162,000
    Fiscal Year 2008 request..........................      +692,692,000


    The Office of Community Oriented Policing Services (COPS) 
was established to assist law enforcement agencies in enhancing 
public safety through the implementation of community policing 
strategies. COPS does so by providing training to enhance law 
enforcement officers' problem-solving and community interaction 
skills; encouraging law enforcement and community members to 
develop initiatives to prevent crime; substantially increasing 
the number of law enforcement officers directly interacting 
with the community; and supporting the development of new 
technologies to shift law enforcement's focus to preventing 
crime within their communities.

                        COMMITTEE RECOMMENDATION

    The Committee strongly believes that COPS programs play a 
critical role in crime prevention and suppression in our 
country. The Committee recommendation includes $725,000,000 for 
COPS programs for fiscal year 2008, which is $183,162,000 above 
the current year and $692,692,000 above the request.
    Cops on the Beat.--With fresh evidence that the violent 
crime rate has risen for the second straight year, the 
Committee rejects the Administration's proposal to slash law 
enforcement assistance and eliminate existing COPS programs. 
Within the increases recommended for COPS programs, 
$100,000,000 is provided to restart the COPS universal hiring 
program, which has not been funded since 2005. These grant 
funds are available to State and local governments for the 
hiring and rehiring of additional career law enforcement 
officers for deployment in community-oriented policing across 
the nation. The Committee is very concerned about 
methamphetamine and other drug crimes, and places special 
emphasis on drug enforcement in this program.
    The table below displays funding for programs recommended 
under this heading.

                  COMMUNITY ORIENTED POLICING SERVICES
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              FY08
                         Program                        recommendations
------------------------------------------------------------------------
COPS hiring program..................................           $100,000
Violent gang and gun crime reduction.................             80,000
Bulletproof vests....................................             30,000
Tribal law enforcement...............................             18,000
COPS law enforcement technology and interoperability.            128,000
Meth hot spots.......................................             85,000
Criminal records upgrade.............................             12,000
DNA backlog reduction/crime labs.....................            175,000
Weed and Seed Program................................             49,692
Offender reentry.....................................             15,000
Training and technical assistance....................              4,000
Management and administration........................             28,308
                                                      ------------------
    Total............................................            725,000
------------------------------------------------------------------------

    Law Enforcement Technologies and Interoperable 
Communications.--The recommendation includes $128,000,000 for 
continued development of technologies and automated systems to 
assist State and local law enforcement agencies in 
investigating, responding to and preventing crimes, and 
gathering and analyzing information, and for the continued 
development of interoperable communications systems for State 
and local law enforcement entities. The Committee recognizes 
the importance that sharing information among State and local 
law enforcement agencies can have in preventing crime and in 
identifying and apprehending criminals. In examining all grant 
applications under this program, the COPS Office is directed to 
ensure that proposals meet equipment standards adopted by the 
National Institute of Justice and the Bureau of Justice 
Assistance within the Office of Justice Programs and the Office 
of Law Enforcement Standards within the National Institute of 
Standards and Technology.
    Within the funds provided, the Committee directs the COPS 
Program Office to provide not less than the following funding 
levels for the following projects related to law enforcement 
technologies or interoperable communications.


    Methamphetamine Enforcement and Clean-Up.--The production, 
trafficking, and abuse of methamphetamine--an extremely 
destructive and addictive synthetic drug--continues to be a 
serious national problem. The Committee recommends $85,000,000 
for grants to address public safety and methamphetamine 
manufacturing, sale, and use in ``hot spots,'' including 
reimbursement of the Drug Enforcement Administration (DEA) for 
expenses related to the cleanup of methamphetamine labs. This 
amount is $15,000,000 above the enacted level and $85,000,000 
more than the request.
    Within the amount provided, the Committee has included 
$20,000,000 to reimburse the DEA for assistance to State and 
local law enforcement for proper removal and disposal of 
hazardous materials at clandestine methamphetamine labs, 
including funds for training, technical assistance, a container 
program, and purchase of equipment.
    Within the funds provided, the Committee directs the COPS 
Program Office to provide not less than the following funding 
levels for the following projects related to methamphetamine 
enforcement.


    Bulletproof Vests.--The Committee recommendation includes 
$30,000,000 for the Bulletproof Vest program to assist State 
and local law enforcement in purchasing bullet and stab 
resistant vests. The Administration did not request funding for 
this critical safety measure for the Nation's law enforcement 
officers.
    Criminal History Record Upgrades.--The Committee 
recommendation includes $12,000,000 for the Criminal Records 
Upgrade program. The goal of this program is to ensure that 
accurate records are available for use in law enforcement and 
to permit States to identify ineligible firearm purchasers, 
persons ineligible to hold positions involving children, the 
elderly, or the disabled, and persons subject to protective 
orders or wanted, arrested, or convicted of stalking and/or 
domestic violence. This program helps States build their 
infrastructure to connect to national record check systems both 
to supply information and to conduct the requisite checks.
    Tribal Law Enforcement.--The Committee recommendation 
includes $18,000,000 for tribal law enforcement efforts, which 
is $18,000,000 above the request. These funds are in addition 
to funding provided under OJP State and Local Law Enforcement 
Assistance, and are intended to meet the most pressing law 
enforcement hiring, equipment, and training needs of tribes.
    DNA backlog reduction.--The Committee recommendation 
includes $175,000,000 for DNA analysis and forensic crime lab 
capacity enhancements, which is $17,184,000 above the current 
year level. Of the amount provided, $151,000,000 is available 
for reducing the DNA backlog and increasing State and local DNA 
lab capacity. The Administration did not make a DNA initiative 
request.
    The Committee recognizes that DNA technology enables law 
enforcement to identify certain criminals quickly and 
accurately, solve more crimes, especially violent crimes such 
as murder and rape, and identify persons mistakenly accused or 
convicted of crimes. Funds are available for the following 
activities: reduce the backlog of DNA samples; increase State 
and local lab capacity; conduct research, development, 
demonstrations, and evaluations; provide training and technical 
assistance; identify missing persons and unidentified remains; 
and test DNA after convictions. The Committee understands there 
is a critical need for advanced crime scene investigation 
training, education, and technical assistance for State and 
local law enforcement personnel, and expects the Department to 
support these needs.
    Violent Gang and Gun Crime Reduction.--The Committee 
recommends $80,000,000 for grant assistance to State and local 
law enforcement to combat violent crime throughout the Nation, 
with special emphasis on areas plagued by violent gangs. Of the 
amount provided, $55,000,000 shall be for areas of the country 
experiencing high gang activity. The Committee directs that the 
remaining $15,000,000 will be available to jurisdictions 
experiencing a high rate of violent and drug trafficking crime 
involving firearms.
    Offender Re-entry.--The Committee recommends $15,000,000 
for the law enforcement costs related to establishing offender 
re-entry programs, which is $121,000 above the enacted level. 
Offender re-entry programs establish partnerships among 
institutional corrections, community corrections, social 
services programs, faith-based organizations, community 
policing groups, and civic leaders to prepare for the 
successful return of inmates to their home neighborhoods. The 
Committee expects that OJP will continue working in 
collaboration with the Departments of Labor, Health and Human 
Services, Housing and Urban Development, and Education in the 
implementation of this program.
    Weed and Seed Program.--The recommendation includes 
$49,692,000 to help communities build stronger, safer 
neighborhoods by implementing weed and seed strategies, a 
community-based, multidisciplinary approach to combating crime.

                       JUVENILE JUSTICE PROGRAMS




Fiscal Year 2007 enacted..............................      $338,361,000
Fiscal Year 2008 request..............................       280,000,000
Recommended in the bill...............................       399,900,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +61,539,000
    Fiscal Year 2008 request..........................      +119,900,000


    The Office of Juvenile Justice and Delinquency Prevention 
(OJJDP) was established to provide Federal leadership, 
coordination, and resources to prevent and respond to juvenile 
delinquency and victimization. OJJDP is responsible for 
supporting states and communities in their efforts to develop 
and implement effective and coordinated prevention and 
intervention programs and to improve the juvenile justice 
system so that it protects public safety, holds offenders 
accountable, and provides treatment and rehabilitative services 
tailored to the needs of juveniles and their families.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation provides a total of 
$399,900,000 for Juvenile Justice Programs for fiscal year 
2008, which is $61,539,000 above fiscal year 2007 and 
$119,900,000 above the request. The budget request proposes to 
consolidate all existing formula and discretionary juvenile 
justice grant programs into one consolidated program. The 
Committee recommendation rejects the Administration proposal, 
and retains the account structure used in previous fiscal 
years.
    The table below displays funding for programs recommended 
under this heading.

                        JUVENILE JUSTICE PROGRAMS
                        [In thousands of dollars]
------------------------------------------------------------------------
                                                              FY08
                         Program                         recommendation
------------------------------------------------------------------------
Part A--Management and Administration................               $725
Part B--State Formula--Delinquency Prevention........             81,175
Part E--Challenge Grants.............................             53,000
Youth mentoring grants...............................            100,000
Title V--Incentive Grants............................             70,000
Tribal Youth.........................................           (17,500)
Gang Prevention......................................           (25,000)
Enforcing Underage Drinking Laws Program.............           (25,000)
Secure Our Schools Act...............................             20,000
Victims of Child Abuse Programs......................             15,000
Juvenile Accountability Block Grants.................             60,000
                                                      ------------------
    Total............................................            399,900
------------------------------------------------------------------------

    Part E--Challenge Grants.--The recommendation includes 
$53,000,000 for discretionary grants under this account. Within 
the funds provided, the Committee directs the Office of Justice 
Programs to provide not less than the following funding levels 
for the following projects related to juvenile justice and 
programs for at-risk youth.


    Youth Mentoring Grants.--The Committee recognizes the 
critical role that national, regional and local mentoring 
programs play in nurturing America's children--helping them to 
become good citizens who will strengthen our communities as 
adults. To support this vital work, the Committee recommends 
$100,000,000 for competitive youth mentoring grants. No later 
than 90 days after enactment of this Act, the Committee directs 
the Department to provide a report and spend plan, which 
details the scope of the program, as well as the criteria and 
methodology that will be used to award grants.
    Gang Prevention.--Within the level provided under Title V 
grants, the Committee includes $25,000,000, as authorized by 
Public Law 109-162, for grants under the gang resistance 
education and training program, known as GREAT. The GREAT 
program is a school-based, law enforcement officer-instructed 
classroom curriculum. The program's primary objective is 
prevention and is intended as an immunization against 
delinquency, youth violence, and gang membership.
    Tribal Youth.--Within funds provided under Title V, the 
Committee includes $17,500,000 for grants to Federally 
recognized tribes to develop delinquency prevention, alcohol 
and substance abuse prevention and other programs for at risk 
youth.
    Enforcing Underage Drinking Laws.--The Committee recommends 
$25,000,000, within funds provided for Title V grants, to 
assist States to develop comprehensive and coordinated 
initiatives to enforce State laws that prohibit the sale or 
consumption of alcoholic beverages to minors.
    Victims of Child Abuse Act.--The Committee recommends a 
total of $15,000,000 for several programs authorized under the 
Victims of Child Abuse Act (VOCA).
    Secure Our Schools Act.--The recommendation includes 
$20,000,000 for expenses authorized by the Secure Our Schools 
Act (Public Law 106-386), such as metal detectors, locks, 
lighting and other deterrent measures; security assessments; 
security training of personnel and students; and coordination 
with local law enforcement.
    Juvenile Accountability Block Grant.--The recommendation 
provides $60,000,000 for the Juvenile Accountability Block 
Grant program, which is $5,639,000 above fiscal year 2007. The 
Administration proposes to eliminate this program. The funds 
provided in this program are available for the following 
purposes:
          (1) Developing, implementing, and administering 
        graduated sanctions for juvenile offenders;
          (2) Building, expanding, renovating, or operating 
        temporary or permanent juvenile correction, detention, 
        or community corrections facilities;
          (3) Hiring juvenile court judges, probation officers, 
        and court appointed defenders and special advocates, 
        and funding pretrial services (including mental health 
        screening and assessment) for juvenile offenders, to 
        promote the effective and expeditious administration of 
        the juvenile justice system;
          (4) Hiring additional prosecutors, so that more cases 
        involving violent juvenile offenders can be prosecuted 
        and case backlogs reduced;
          (5) Providing funding to enable prosecutors to 
        address drug, gang, and youth violence problems more 
        effectively and for technology, equipment, and training 
        to assist prosecutors in identifying and expediting the 
        prosecution of violent juvenile offenders;
          (6) Establishing and maintaining training programs 
        for law enforcement and other court personnel with 
        respect to preventing and controlling juvenile crime;
          (7) Establishing juvenile gun courts for the 
        prosecution and adjudication of juvenile firearms 
        offenders;
          (8) Establishing drug court programs for juvenile 
        offenders that provide continuing judicial supervision 
        over juvenile offenders with substance abuse problems 
        and the integrated administration of other sanctions 
        and services for such offenders;
          (9) Establishing and maintaining a system of juvenile 
        records designed to promote public safety;
          (10) Establishing and maintaining interagency 
        information sharing programs that enable the juvenile 
        and criminal justice systems, schools, and social 
        services agencies to make more informed decisions 
        regarding the early identification, control, 
        supervision, and treatment of juveniles who repeatedly 
        commit serious delinquent or criminal acts;
          (11) Establishing and maintaining accountability-
        based programs designed to reduce recidivism among 
        juveniles who are referred by law enforcement personnel 
        or agencies;
          (12) Establishing and maintaining programs to conduct 
        risk and need assessments of juvenile offenders that 
        facilitate the effective early intervention and the 
        provision of comprehensive services, including mental 
        health screening and treatment and substance abuse 
        testing and treatment to such offenders;
          (13) Establishing and maintaining accountability-
        based programs that are designed to enhance school 
        safety;
          (14) Establishing and maintaining restorative justice 
        programs;
          (15) Establishing and maintaining programs to enable 
        juvenile courts and juvenile probation officers to be 
        more effective and efficient in holding juvenile 
        offenders accountable and reducing recidivism; and
          (16) Hiring detention and corrections personnel, and 
        establishing and maintaining training programs for such 
        personnel to improve facility practices and 
        programming.

                    Public Safety Officers Benefits





Fiscal Year 2007 enacted..............................       $73,834,000
Fiscal Year 2008 request..............................        75,100,000
Recommended in the bill...............................        75,100,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +1,266,000
    Fiscal Year 2008 request..........................                 0


    The Public Safety Officers Benefits (PSOB) program provides 
benefits to public safety officers who are severely injured in 
the line of duty and to the families and survivors of public 
safety officers killed or mortally injured in the line of duty. 
These programs represent the continuation of a thirty-year 
partnership among the Department of Justice; national public 
safety organizations; and state, local, and tribal public 
safety agencies.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes a total of 
$75,100,000 for PSOB, the same as the request. The 
recommendation includes $66,000,000 which is the Congressional 
Budget Office's estimate for death benefits to eligible 
survivors of Federal, State, and local public safety officers 
whose death was the direct and proximate result of traumatic 
injury sustained in the line of duty. This program is 
considered mandatory for scorekeeping purposes.
    The recommendation also includes $9,100,000 for the Public 
Safety Officers Educational Assistance Program and disability 
benefits for fiscal year 2008.
    The Committee is concerned with the pace that PSOB payments 
are being made. The men and women who dedicate their lives to 
the protection of our communities deserve the peace of mind 
this benefit affords them and their families. Although the 
Committee has consistently supported PSOB with significant 
annual appropriations, over the past several years 20 to 30 
percent of this appropriation went unspent while the families 
of those who gave the ultimate sacrifice for our communities 
were left in doubt as to their future. According to Department 
of Justice obligation reports, in the first half of fiscal year 
2007 less than $2 million was obligated from the account.
    The Committee is particularly concerned about benefits for 
those made eligible for the benefit by the Hometown Heroes 
Survivors Benefit Act of 2003. Many of these families have been 
waiting for nearly four years to receive the benefit they 
deserve despite the clear intent of Congress to expedite these 
claims. Instead the Bureau of Justice Assistance (BJA) appears 
to be wasting valuable resources demanding extraneous paperwork 
from claimants and denying claims in direct contravention of 
the expressed will of Congress. The Committee finds it 
unacceptable that there have been only four positive 
determinations from the nearly 250 claims submitted to date.
    The Committee urges the Bureau of Justice Assistance to 
provide PSOB payments to all of those who deserve the benefit 
in a timely and expeditious manner and reduce the gap between 
appropriated and awarded funds. In particular, the Committee 
urges BJA to swiftly resolve the more than 200 outstanding 
Hometown Heroes claims and provide a fast track for appeals of 
Hometown Heroes determinations. Appropriated funds for PSOB are 
meant as a clear signal of support for the police, 
firefighters, and other first responders who devote their lives 
to our Nation, and the Committee expects that BJA will ensure 
that the families of the fallen receive the benefit with as 
little bureaucratic delay as possible.
    The Committee directs the Department to provide a report 
within two months after enactment of this Act detailing 
obligations by date and type of payment for the fiscal years 
2005, 2006, and 2007.

               General Provisions--Department of Justice

    The Committee has included the following general provisions 
for the Department of Justice in this bill:
    Section 201 provides that up to $60,000 of the funds 
appropriated to the Department of Justice shall be available to 
the Attorney General for reception and representation expenses, 
as requested.
    Section 202 prohibits the use of funds to perform abortions 
in the Federal Prison System.
    Section 203 prohibits the use of the funds to require any 
person to perform, or facilitate the performance of, an 
abortion.
    Section 204 provides that nothing in the previous section 
removes the obligation of the Director of the Bureau of Prisons 
to provide escort services to female inmates who seek to obtain 
abortions outside a Federal facility.
    Section 205 modified from the request, provides for the 
Committee's policy for transfers subject to the Committee's 
reprogramming procedures, that not to exceed 5 percent may be 
transferred between any appropriation, but limits to 10 percent 
the amount that can be transferred into any one appropriation 
and prohibits Federal Prison System, Building and Facilities 
funds to be transferred unless the President certifies.
    Section 206 provides for the extension of the Personnel 
Management Demonstration Project for certain positions of the 
Bureau of Alcohol, Tobacco, Firearms and Explosives, as 
requested.
    Section 207 provides language extending section 102(b) of 
Public Law 102-395 to the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, as requested.
    Section 208 provides language prohibiting funds from being 
used to transport prisoners classified as a maximum or high 
security prisoner to a facility other than a prison or other 
facility certified by the Federal Bureau of Prisons as 
appropriately secure for housing such a prisoner.
    Section 209 proposed for deletion in the budget request, 
prohibits certain prisoner amenities.
    Section 210 proposed for deletion in the budget request, 
prohibits the use of funds for SENTINEL or other major new or 
enhanced information technology programs unless the Deputy 
Attorney General and the Department IT Investment Review Board 
certify to the Committees on Appropriations that the 
information technology program has appropriate contractor 
oversight mechanisms in place, and that the program is 
compatible with the enterprise architecture of the Department 
of Justice.
    Section 211 provides that fines collected by the U.S. 
Trustee Program under section 110(1)(4)(A) of title 11, United 
States Code, as offsetting collections so that the Program may 
have use of the funds for enforcement activities.
    Section 212 provides an increase to the quarterly fee 
imposed in each case filed pursuant to chapter 11 of title 11, 
United States Code.
    Section 213 prohibits the use of funds to plan for, begin, 
continue, finish, process, or approve a public-private 
competition under OMB Circular A-76 for work performed by 
employees of the Bureau of Prisons or of Federal Prison 
Industries, Incorporated.

                           TITLE III--SCIENCE

    The funds recommended by the Committee in Title III of the 
accompanying bill support the development of national science 
policy, as well as the operational, research, and education 
activities of the National Aeronautics and Space Administration 
and the National Science Foundation.
    The recommendation in this title totals $24,137,015,000, 
$1,950,022,000 above fiscal year 2007 not including 
supplemental amounts, and $393,720,000 above the request.

                Office of Science and Technology Policy





Fiscal Year 2007 enacted..............................        $5,528,000
Fiscal Year 2008 request..............................         5,515,000
Recommended in the bill...............................         5,515,000
Bill compared with:
    Fiscal Year 2007 enacted..........................           -13,000
    Fiscal Year 2008 request..........................                 0


    The Office of Science and Technology Policy (OSTP) was 
created under the National Science and Technology Policy, 
Organization, and Priorities Act of 1976. OSTP advises the 
President on science and technology policies and coordinates 
research and development programs for the Federal government.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $5,515,000 for the 
Office of Science and Technology Policy. This is the same as 
the request and $13,000 below fiscal year 2007.
    The United States has both national and strategic interest 
in the Arctic and Antarctic. Repeated high-level policy reviews 
have reaffirmed the importance of the U.S. presence and 
leadership in the polar regions. Assured access to the polar 
regions requires polar icebreaking ships. Unfortunately, U.S. 
icebreaking capability is at risk of being unable to support 
national interest due to deferral of some routine maintenance 
on these ships as a result of a lack of requested funds and a 
lack of planning of a major life extension program. According 
to the National Science Foundation's responses to questions for 
the record from the Foundation's budget hearing, the changing 
conditions in the Arctic region may necessitate additional 
icebreaker capabilities for a variety of purposes, including 
transportation safety, homeland and national security, ocean 
and coastal exploration, and scientific research and 
monitoring. Further, the responses indicated that discussions 
among relevant agencies are underway to assess current and 
future needs and to develop a plan for meeting those needs. The 
OSTP is directed to provide a report to the Committee by August 
31, 2007 on the status of those discussions. The report should 
include not only the relevant agencies involved and an 
assessment of current and future needs, but also the 
preliminary plan for addressing the needs of the user community 
and a tentative timeline for this plan.

             National Aeronautics and Space Administration





Fiscal Year 2007 enacted..............................   $16,284,300,000
Fiscal Year 2008 request..............................    17,309,400,000
Recommended in the bill...............................    17,622,500,000
Bill compared with:
    Fiscal Year 2007 enacted..........................    +1,358,200,000
    Fiscal Year 2008 request..........................      +313,100,000


Note.--Enacted levels have been converted to full cost system levels.


    The National Aeronautics and Space Administration (NASA) 
was established by the National Aeronautics and Space Act of 
1958, as amended, to conduct space and aeronautical research, 
development, and flight activities for peaceful purposes to 
benefit all mankind. The Act calls on NASA to expand human 
knowledge; develop and operate advanced aeronautical and space-
faring vehicles; encourage commercial use of space; exchange 
with other U.S. agencies findings useful to each other to 
maximize research results; cooperate with other nations in 
research and applications; and preserve U.S. preeminence in 
aeronautics and space. NASA's unique mission is to pioneer the 
future in space exploration, scientific discovery, and 
aeronautics research.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $17,622,500,000 for 
the National Aeronautics and Space Administration, $313,100,000 
above the request and $1,358,200,000 above fiscal year 2007, 
not including emergency supplemental funding. This 
recommendation provides for the continued efforts of NASA's 
Moon-Mars goals, but more importantly restores some of the cuts 
made by the Administration to the science, aeronautics, and 
education portfolios at the agency. The Administration 
requested the science and aeronautics programs at a level too 
low to adequately support important programs and projects. The 
cuts made to these programs are simply short-sighted. These 
additional funds should begin to achieve a balance of funding 
of NASA programs. Clearly, the agency has too many 
responsibilities and not enough resources to accomplish them 
all. Unfortunately, the Committee could not provide sufficient 
funds to fully restore all of the cuts made to these important 
programs.
    Through the hearing process, the subcommittee heard 
testimony from outside witnesses about how long-term 
discoveries in science benefit society and the importance of 
keeping the U.S. competitive in our global economy. The 
Committee believes that the science, aeronautics, and education 
programs at NASA are essential to the U.S.'s continued 
leadership and competitiveness in science and technology 
sectors, and therefore should be considered a part of America's 
Innovation Agenda. Considering how integral aeronautics is to 
the U.S. economy, and how striking scientific developments are 
achieved from Earth and space science, the Nation should fund 
these efforts at the same rate as other Innovation Agenda 
research and development accounts.
    The Committee recommendation provides funding to the agency 
in a new account structure. Although each mission directorate 
is now in a separate account, the structure closely follows the 
NASA request. The new accounts are: Science, Aeronautics, 
Exploration, Education, Cross-Agency Support Programs, Space 
Operations, and Inspector General. Due to the importance of 
science education, this component has been made a separate 
account rather than subsumed within the Cross-Agency Support 
Programs account. It is expected that this new structure will 
improve transparency of resource allocation and be beneficial 
to the Congress and the agency as well as outside interested 
parties.
    The Committee continues to be concerned about the process 
of setting NASA priorities through significant funding shifts 
in the operating plan rather than through the regular 
appropriations process. The guidance provided in the bill and 
report for fiscal year 2008 provides a clear base funding 
level. As stated in the front of the report, the Committee must 
be notified of any deviations that meet the criteria 
established in section 505. Finally, included in previous 
appropriations Acts language providing for the transfer of 
funds between appropriations accounts has been deleted.
    The Committee is troubled by NASA's past inability to 
adequately anticipate technical problems and project overruns 
on existing programs, and is especially concerned that new 
programs, such as Project Constellation, will encounter similar 
problems. Furthermore, the Committee is concerned about the 
NASA process that leads to the selection of a course of action 
when such problems are encountered. Consequently, NASA is 
directed to establish an ongoing relationship with the National 
Academies of Science for the purpose of providing an 
independent project review capability using ad hoc committees 
established under the purview of the Space Studies Board and/or 
the Aeronautics and Space Engineering Board. It is expected 
that these reviews will be arranged through NASA's Office of 
Chief Engineer and that the reports prepared by the National 
Academies will be simultaneously submitted to NASA and the 
Committee. A total of $1,000,000 is to be allocated from 
funding provided to Cross-Agency Support Programs for creation 
of this review capability. The Committee expects a report on 
NASA's progress in implementing this directive by February 28, 
2008.
    The Committee is concerned that NASA has decided to close 
the NASA Institute for Advanced Concepts (NIAC), which funds 
grants for concept development of revolutionary aeronautical 
and space systems, without a rigorous assessment of the 
Institute's merit. The Administrator is directed to enter into 
an arrangement with the National Research Council to evaluate 
NIAC's effectiveness in meeting its mission, including a review 
of the grants made by the Institute, their results, and the 
likelihood that they will contribute to the Institute's stated 
goals; evaluate the method by which grantees are selected and 
recommend changes, if needed; and make recommendations as to 
whether the Institute should continue to be funded by the 
Federal government and, if so, what changes, if any, should be 
made to its mission, goals, operations, or other matters. The 
Administrator should submit the NRC report to the Committee no 
later than 14 months after enactment of this Act.
    The Committee is concerned about standardizing the 
reporting of cost, schedule, and content for research and 
development projects, including advanced technology and 
operational systems upgrades, by NASA. As a result, the 
Committee is directing the Government Accountability Office 
(GAO) to return to the preparation of semi-annual project 
status reports on any NASA program, project or activity whose 
life cycle cost is $100,000,000 or greater. In undertaking this 
activity, GAO should follow the guidance it recommended to the 
Congress in GAO report GAO/NSIAD 90-40.
    The Committee applauds the Agency's efforts in developing a 
workforce strategy, but there is much work yet to be done. The 
Committee has included a provision in the bill maintaining the 
current moratorium on Reduction in Force at NASA. Further, the 
Committee is also concerned about NASA management's use of term 
appointments for civil servant positions. The decision to offer 
term or permanent status should be based on a careful analysis 
of the job requirements and of the long-term need for the 
relevant skills. The Committee believes that this trend should 
be examined more closely and directs GAO to initiate an audit 
of NASA's use of term positions.
    Finally, the Committee encourages NASA to engage in long-
term agency-wide workforce planning.
    The Committee is aware that NASA has recently submitted 
legislation to amend the National Aeronautics and Space Act of 
1958 and the NASA Flexibility Act of 2004 to provide NASA with 
additional workforce flexibilities and to facilitate NASA's 
ability to realign real property assets to better implement the 
transition from the space shuttle to new exploration vehicles. 
The Committee believes that these legislative changes are best 
addressed by the authorizing committee. The Committee, however, 
has strong reservations about expanding NASA's enhanced-use 
leasing authorities. In addition to the GAO concern with NASA's 
inadequate controls to ensure accountability and transparency 
and to protect the government, the Congressional Budget Office 
estimates that any enhanced-use leases would likely involve 
significant Federal commitments to reimburse non-federal 
lessors for improvements to Federal property.

                                SCIENCE




Fiscal Year 2007 enacted..............................    $5,371,420,133
Fiscal Year 2008 request..............................     5,516,100,000
Recommended in the bill...............................     5,696,100,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       324,679,867
    Fiscal Year 2008 request..........................       180,000,000


    NASA's Science Mission Directorate engages the Nation's 
science community, sponsors scientific research, and develops 
and deploys satellites and probes in collaboration with NASA's 
partners around the world to answer fundamental questions 
requiring the view from and into space. This directorate seeks 
to understand the origins, structure, evolution, and destiny of 
the universe and to understand the nature of the phenomena that 
shape it.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $5,696,100,000 for 
the Science Mission Directorate, $180,000,000 above the request 
and $324,679,867 above fiscal year 2007.
    The Committee is disappointed with the Administration's 
request of less than a one percent increase for FY08 and 
projected minimal increases of approximately one percent over 
the next several years. These numbers sacrifice future missions 
of discovery to pay for present efforts. The Nation's 
investment in research at NASA has made the United States, the 
undisputed leader in the study of space and the Earth's 
environment. NASA's programs in space science, Earth science, 
microgravity science, and astrobiology are the types of basic 
research investments advocated in the National Academies' 
``Rising Above the Gathering Storm'' report.
    Unfortunately, grant-based programs, small and medium-sized 
missions such as Explorer, Discovery, and Earth System Science 
Pathfinder, and long-term technology development programs that 
play a key role in training new generations of scientists and 
engineers have experienced stagnant growth in recent years.
    It is hoped that the funds provided will help to begin to 
restore some of those cuts and growth reductions. Of the 
amounts provided above the request, the funds should be applied 
as follows:
    +$60,000,000 for technology development of missions based 
on recommendations in the National Academies Earth Decadal 
Survey;
    +$60,000,000 for the Research and Analysis program;
    +$50,000,000 for the Space Interferometry Mission; and
    +$10,000,000 for a mission to the outer planets.
    In its report, ``Earth Science and Applications from Space: 
National Imperatives for the Next Decade and Beyond,'' the 
National Academies National Research Council (NRC) set a new 
agenda for Earth observations from space. The report provides a 
number of recommendations for NASA and NOAA and establishes 
priorities for Earth science by identifying 15 priority 
missions for NASA to undertake.
    The Committee recognizes the importance of NASA Earth 
Science research missions to the Nation to advance our ability 
to monitor climate, weather, and hazards, and is therefore 
recommending an increase of $60,000,000 for NASA to initiate 
several Phase A studies for the missions identified in the NRC 
report. To the extent possible, the initial seven missions 
should begin in FY08. The first four (CLARREO, SMAP, ICESat-II, 
and DESDynl) should begin intensive Phase A activities and the 
next three (HyspIRI, ASCENDS, and SWOT) should begin pre-Phase 
A studies if monies are available. The Committee recommends 
that the results from the studies be reviewed by the National 
Academies.
    Also within the funds provided for implementation of the 
NRC's recommendations, NASA is directed to support the 
continued development of a follow-on Total Solar Irradiance 
Sensor (TSIS) at a level of $850,000. As mentioned in the NOAA 
section of this bill, the decision to restructure the NPOESS 
program eliminated a number of key sensors for monitoring 
earth's climate and providing continuity in essential climate 
measurements. The NRC report and the report ``Impacts of NPOESS 
Nunn-McCurdy Certification on Climate Research'' produced by 
NASA and NOAA at the request of the Office of Science and 
Technology Policy (OSTP) both discussed the importance of 
continuity in measurements of two key sensors that enable 
climate researchers to calculate the heat balance of the 
Earth--the TSIS and the Earth Radiation Budget Sensor (ERBS). 
The TSIS instrument suite provides data related to long-term 
climate change and enhanced climate prediction, natural 
variability, as well as atmospheric ozone and UV-B radiation. 
Measurements of total solar irradiance have been taken since 
1979 and continuity in this measurement is vital to 
understanding the potential impact on climate change of the 
very small changes in solar radiation input to Earth's 
atmosphere over the course of a solar cycle. The Administration 
is working on options to fly these instruments and maintain the 
continuity of our climate data record. Until final decisions 
are made about which missions will carry these instruments, the 
Committee believes it is prudent to keep the development of 
these instruments moving forward. The ERBS development is 
supported through funds provided to NOAA.
    The Earth Decadal survey notes that in 2005, NASA had 18 
Earth observation satellites carrying 64 research sensors, yet 
in 2007, the capacity is down to 14 missions on-orbit, and by 
2010 current plans indicate only a few are planned to still be 
delivering data. Between now and 2010, NASA plans to deploy 
only five new missions carrying 22 sensors. Currently, NASA's 
future plans include starting on the order of just two new 
missions every two years. At that rate, NASA Earth observation 
research missions will have decreased from 18 on-orbit in the 
first decade to four or five on-orbit in the second decade in 
the 21st century. To better inform the Committee on its plans 
for missions in the 2010-2016 timeframe, NASA should include in 
its FY09 budget submission its plan for meeting these unmet 
needs.
    The Committee also notes that that National Academies' 
Earth Science decadal survey urges the use of unmanned aircraft 
systems (UASs) in essentially all Earth science areas as part 
of a balanced portfolio. The report states ``. . . UAVs have 
the potential to revolutionize suborbital remote and in situ 
sensing with their increased range and loiter time, and their 
ability to penetrate hazardous environments'' as compared to 
conventional aircraft. The Committee urges NASA to build upon 
its' existing program and should continue this effort with 
industry. The Committee expects this issue to be addressed in 
the Agency's FY 2008 operating plan.
    Additionally, the Committee supports the $90,000,000 
requested for the Global Precipitation Measurement mission. 
This project will improve our ability to collect important data 
about hurricanes. This valuable information will allow us to 
better prepare for powerful storms and help minimize their 
potential damage. The funding level for this mission, and 
several others, has been included in the bill language.
    The Committee has included an increase of $60,000,000 for 
the Research and Analysis program. The program has suffered 
significant cuts in recent years. This program is not only 
important to maintaining the scientific vitality of the Agency, 
but also provides real opportunities for young scientists and 
researchers to analyze data collected from current NASA 
missions. The Committee expects that the increase provided for 
Research and Analysis will be allocated in an equitable fashion 
among all themes of the Science Mission Directorate. As 
recommended in the NRC study, the Research and Analysis funds 
should be used to support both in-house and academic research.
    A total of $71,600,000, an increase of $50,000,000 above 
the request, has been provided for the Space Interferometry 
Mission (SIM). The Committee disagrees with the 
Administration's budget request of refocusing the Navigator 
Program to fund only core interferometry and related planet-
finding science and reducing SIM to a development program. It 
should be noted that this mission was recommended by the 
National Academies Decadal Astrophysics report in 1990 and 
2000. With the funds provided, NASA is to begin the development 
phase of the program to capitalize on more than $300,000,000 
already invested by the agency. The SIM program has 
successfully passed all its technological milestones and thus 
is ready for development. Additionally, the Committee expects 
to see further definition and a timeline for the development of 
the Terrestrial Planet Finder (TPF) as part of NASA's FY2009 
budget submission.
    The Committee awaits the upcoming results of the NASA study 
to determine the next outer planet destination and looks 
forward to working with NASA to support proper funding for a 
launch of this future mission. The Committee recommends an 
increase of $10,000,000 to allow the definition of such a 
mission to assess its scope and cost.
    The Committee commends NASA for its robotic Mars program, 
one of the Agency's most successful programs with continuing 
major scientific discoveries and public engagement. The 
Committee continues to strongly support a robust Mars 
Exploration Program with a rate of at least one mission at 
every opportunity (every 26 months) which is consistent with 
the Administration's FY 2008 request of $625,700,000. 
Consistent with NASA's science strategy for the next decade, 
full funding is provided to continue operating present missions 
(Odyssey, Mars Reconnaissance Orbiter, Spirit and Opportunity), 
complete Phoenix for launch in 2007 and Mars Science Lab for 
launch in 2009, and start the definition and development of 
Mars Science orbiter for launch in 2013, the Astrobiology Field 
Lab or Mid size rovers for launch in 2016 and Scout in 2011.
    NASA's airborne programs have suffered substantial 
diminution as a result of the Administration's recent budget 
requests. Both conventional and unmanned aerial vehicles 
aircraft are needed for instrument development for risk 
reduction and technology advancement and for their direct 
contribution to Earth observations.
    Finally, a critical factor that will affect what future 
robotic missions NASA can initiate is the availability of power 
sources for probes that cannot rely on solar energy because 
they are traveling too far from the Sun (where solar energy 
density is inadequate), or too close to it (where solar arrays 
would be imperiled by the Sun's proximity). Radioisotope Power 
Systems (RPS) are required for these spacecraft. Future 
missions to Europa, Enceladus, or Titan are examples (the 
Cassini probe now studying Titan and Saturn uses RPS). For the 
past several years, Russia has been supplying the plutonium-238 
(Pu-238) needed for U.S. RPSs because U.S. supplies are 
depleted. Now, Russia's own supplies are running dry. The 
Committee is aware of NASA's and the Department of Energy's 
concern that there be a necessary supply of this fuel. However, 
NASA has curtailed a major part of its technology development 
for advanced RPS devices. To permit effective planning for 
future missions, NASA should contract with the National 
Research Council to prepare a report no later than December 31, 
2008 on these issues. The report should address the status of 
U.S. development of advanced RPS devices; a detailed 
explanation of what steps are being taken to ensure an adequate 
supply of plutonium-238 for spacecraft missions; and an 
indication of how many RPSs, of what design and capabilities, 
will be available for use and when.
    While the importance of the research and analysis 
activities both for enabling new missions and for training the 
next generation of scientists and engineers is clear, there has 
not been an assessment to date of what the appropriate balance 
should be between flight missions and Research and Analysis 
activities in NASA's science space and Earth science programs. 
For this reason, the Committee directs the Administrator to 
enter into an arrangement with the National Research Council 
for an assessment of NASA's Research and Analysis activities, 
including, but not limited, to determining the necessary 
characteristics of a healthy and effective program of research 
and analysis activities and metrics by which effectiveness can 
be evaluated; principles, criteria, and metrics for determining 
the appropriate balance of investments between Research and 
Analysis activities and space flight missions so as to support 
the agency's overall strategic objectives; and principles, 
criteria, and metrics for determining the appropriate 
allocation of resources or effort within research and analysis 
activities. The Administrator should provide the report to the 
Committee within 20 months of the enactment of this Act.

                              AERONAUTICS




Fiscal Year 2007 enacted..............................      $716,709,907
Fiscal Year 2008 request..............................       554,000,000
Recommended in the bill...............................       700,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       -16,709,907
    Fiscal Year 2008 request..........................      +146,000,000


    NASA's Aeronautics Research Mission Directorate works to 
enhance the state of aeronautics for our Nation and is the 
leading government organization for aeronautical research. The 
directorate conducts cutting-edge, fundamental research in 
traditional aeronautical disciplines and emerging fields to 
help transform our Nation's air transportation system, and to 
support future air and space vehicles.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $700,000,000 for the 
Aeronautics Research Mission Directorate, $146,000,000 above 
the request and $16,709,907 below fiscal year 2007.
    The Administration's request is not sufficient to allow the 
United States to maintain its edge in aeronautics. These 
programs are critical to competitiveness, national security, 
quality of life, and the efficiency and safety of our future 
national air traffic management systems. Witnesses appearing 
before this subcommittee on NASA's aeronautics budget did not 
believe that the United States could maintain its preeminence 
in aeronautics at the requested budget level and the projected 
budget trend. The United States leads the world today, due to 
the investments made 10 to 15 years ago.
    The continuation of our position as a leader in aviation 
and aerospace is predicated on our ability to maintain 
international leadership and sustain growth in aeronautics. 
U.S. competitiveness depends on an aeronautics system that can 
expand capability to meet future needs. The demand for air 
transportation is expected to double or triple by 2025 and will 
outpace the National Airspace System capacity. This shortfall 
could cost the Nation billions of dollars annually in lost 
productivity and increased operational costs. Air 
transportation is important throughout the world, but 
leadership in upgrading the air transportation system is 
absolutely vital to the United States. For these reasons, the 
Committee believes that a portion of the increase above the 
President's budget request should be applied to the research 
and development and technology demonstration activities of the 
Next Generation Air Transportation System (NextGen) to address 
Air Traffic Management (ATM) needs.
    Additionally, the Committee expects a portion of this 
increase to address the top-ranked priorities of the National 
Academies Decadal Survey of Civil Aeronautics. This independent 
assessment of NASA's civil aeronautics program was conducted by 
a study committee under the auspices of the Aeronautics and 
Space Engineering Board at the Academies. This was the first 
decadal survey that has been done in aeronautics. The report 
presents findings and recommendations on several important 
technology breakthroughs that the NASA aeronautics research 
program should focus on in the next decade. As pointed out 
during testimony on NASA's aeronautics budget, civil 
aeronautics has many critical and difficult technology 
challenges that need to be addressed if the United States is to 
realize necessary increases in capacity, safety, security and 
environmental compatibility of its air transportation system 
and enable high-speed civil travel and maintain U.S. 
leadership.
    Finally, additional funding is provided to carry out, with 
the goal of demonstrating in a relevant environment, research 
and development on engines and airframes that will result in 
significantly reduced energy consumption, emissions, and noise.
    In fiscal year 2006, the Committee mandated the 
establishment of a National Aeronautics Research and 
Development Policy. This Policy is an effective guide for 
United States aeronautics research and development programs 
through 2020. The Policy was developed through a collaborative, 
interagency process under the overarching goal of advancing 
United States technological leadership in aeronautics by 
fostering a vibrant and dynamic aeronautics research and 
development community that includes government industry and 
academia. The Committee urges NASA to continue to support the 
principles and objectives outlined in the Policy to enable a 
stable and long-term foundational aeronautics research program 
at NASA.
    The Committee commends the Aeronautics Research Mission 
Directorate for developing close collaboration and research 
partnerships between NASA researchers and the external 
aeronautics community. The NASA Research Announcement provides 
an opportunity for universities, non-profit organizations and 
commercial organizations to compete openly for collaborative 
research partnerships with NASA in pursuit of all four 
Aeronautics Research Mission Directorate programs.

                              EXPLORATION




Fiscal Year 2007 enacted..............................    $3,457,142,550
Fiscal Year 2008 request..............................     3,923,800,000
Recommended in the bill...............................     3,923,800,000
Bill compared with:
    Fiscal Year 2007 enacted..........................      +466,657,450
    Fiscal Year 2008 request..........................                 0


    The Exploration Systems Mission Directorate provides the 
organizational focus for developing new capabilities and 
supporting technologies that enable sustained and affordable 
human space exploration and promote international and 
commercial participation to further scientific, security, and 
economic interests.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $3,923,800,000 for 
the Exploration Systems Mission Directorate, the same as the 
request and $466,657,450 above fiscal year 2007.
    Within the amounts provided, NASA is directed to increase 
the amount for non-Exploration microgravity life and physical 
sciences research by $13,500,000. These funds are for non-
Multi-User Support and Services activities.
    Although NASA has claimed that a shortfall of more than 
$600,000,000 (under the new full cost system) exists as a 
result of the funding levels provided for Exploration in the 
FY07 enacted bill, the NASA Administrator testified at budget 
hearings on the Administration's budget request that no 
additional monies were needed in FY08 and in fact, there would 
be carryover balances for the Crew Exploration Vehicle (CEV) in 
this account. Although NASA's plan to bankroll monies fell 
short in FY08, these funds, which are not actually needed until 
fiscal years 2009 and 2010, can be made up in future budget 
requests. NASA is pointing to this temporary reduction of funds 
as the reason the CEV will be delayed by approximately six 
months if they are not restored. However, it is fully within 
the power of the Administration to request sufficient funds in 
NASA's FY09 and FY10 budget submissions to Congress to maintain 
the CEV schedule.
    Further, the Committee is concerned that the stated date of 
its first operational flight--2014--may not be realistic. Based 
on examples of other large endeavors by NASA, most notably the 
International Space Station (ISS), it is highly possible that 
the current schedule of the CEV could slip and the cost could 
increase. Under the original schedule, assembly of the ISS 
would have been completed by 2002 and the original cost 
estimate was $17.4 billion. As of 2007, the plan is to have a 
downscaled version of the station completed by 2010 (due in 
large part to the retirement of the Space Shuttle) and the 
conservative cost estimate is approximately $30 billion.
    Achieving the goals of the Exploration Initiative will 
require a greater understanding of life and physical sciences 
phenomena in microgravity as well as in the partial gravity 
environments of the Moon and Mars than we have today. In 
addition, NASA has long argued that microgravity research can 
offer important insights into fundamental biological and 
physical processes that can provide important terrestrial 
benefits. In recent years, however, NASA has sharply reduced 
the funding for both basic and applied research in the 
microgravity life and physical sciences. Nevertheless, the need 
for such research still exists. The Committee directs the 
Administrator to enter into an arrangement with the National 
Research Council to conduct a ``Decadal Survey'' of life and 
physical sciences research in microgravity and partial gravity 
to define what research is needed and establish priorities for 
that research for the 2010-2020 decade. The study should be 
completed by fall 2009, in time to inform decisions on the FY11 
budget request.
    Finally, bill language is included prohibiting funding of 
any research, development, or demonstration activities related 
exclusively to the human exploration of Mars.
    In order to eliminate the impending gap in United States 
human-carriage capability and reliance on foreign providers, 
the Committee encourages NASA to consider exercising its option 
for the Commercial Cargo Capability (COTS) Capability D (crew 
transport) as soon as possible from unallocated, uncommitted, 
or otherwise available funds within the appropriated FY COTS 
budget line, and NASA should report back to the Committee on 
program spending plans.

                               EDUCATION




Fiscal Year 2007 enacted..............................      $139,700,000
Fiscal Year 2008 request..............................       153,700,000
Recommended in the bill...............................       220,300,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        80,600,000
    Fiscal Year 2008 request..........................        66,600,000


    The Education office has the responsibility for the 
education that contributes to the development of the science, 
technology, engineering and mathematics workforce in 
disciplines specifically related to NASA's mission.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $220,300,000 for 
Education, $66,600,000 above the request and $80,600,000 above 
fiscal year 2007. Education has been broken out from the Cross-
Agency Support Programs account to highlight both its 
importance and add to the transparency of this critical 
activity.
    The increases above the budget request should be applied as 
follows:
    +$3,243,000 for a total of $15,500,000 for the Experimental 
Program to Stimulate Competitiveness in Research (EPCSCoR). 
This will help the 27 EPSCoR jurisdictions contribute to the 
innovation and competitiveness initiatives and other efforts as 
well as fund the administrative costs of the program.
    +$7,664,000 for a total of $43,000,000 for the Space Grant 
College and Fellowship program and the associated 
administrative costs of the program. The amount provided will 
fund 35 states at $750,000 each and 17 states at $550,000 each. 
The Space Grant program is a nationwide network of over 800 
universities and colleges and affiliates including research and 
development centers and business partners. Space Grant helps 
introduce young people to the exciting world of space and 
engineering, thereby opening the door to future involvement in 
scientific or high technology jobs.
    +$13,000,000 for a competitive program as authorized by 
section 616 of P.L. 109-155 for science museums and 
planetariums to enhance programs related to space exploration, 
aeronautics, space science, earth science or microgravity.
    +$5,000,000 for the NASA Graduate Students Research 
Program, of which $2,000,000 shall be for Sec. 431 of P.L. 109-
155, NASA Aeronautics Scholarships.
    +$10,000,000 for a competitive program to educate students 
on global climate change as recommended in the National 
Academies' Earth Decadel survey.
    NASA should enter into an agreement with the Space Studies 
Board of the National Academies on innovative approaches to 
educate and train scientists and users of Earth observations 
and applications, and to assist educators in inspiring and 
training students in the use of the Earth observations and the 
information derived from those observations. The report shall 
be completed no later than 15 months after enactment of this 
Act, and NASA shall submit a report to the Committee no later 
than 18 months after enactment of this Act with its plan for 
implementing the recommendations of the report.
    +$25,000,000 for a competitive educational grant program. 
These grants shall be awarded to public schools and non-profit 
organizations on a competitive basis. The Committee directs 
NASA, no later than 90 days after enactment of the Act, to 
report to the Committee the criteria it will use in reviewing 
and ranking grant proposals.
    +$2,693,000 for NASA education programs to be distributed 
by the agency. The Committee directs NASA to submit a report on 
its distribution of funds within 90 days of the enactment of 
the Act.
    NASA should also invest in the future workforce by 
partnering with universities to provide hands-on experiences 
for students and opportunities for fundamental scientific and 
engineering research specific to NASA's needs. A failure to 
invest in today's students will ultimately lead to a crisis 
when that generation is expected to lead.

                     CROSS-AGENCY SUPPORT PROGRAMS




Fiscal Year 2007 enacted..............................      $400,800,000
Fiscal Year 2008 request..............................       335,500,000
Recommended in the bill...............................       356,500,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       -44,800,000
    Fiscal Year 2008 request..........................       +20,500,000


    Cross-Agency Support Programs provides a focus for several 
ongoing activities and provides a strategic approach to 
maintain some of NASA's unique research facilities. This 
account consists of three themes: advanced business systems, 
innovative partnerships program, and the shared capabilities 
assets program.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $335,500,000 for 
Cross-Agency Support Programs, the same as the request and 
$65,300,000 below the fiscal year 2007.
    As directed in the introduction, NASA is to provide a total 
of $1,000,000 to support the creation of a review capability at 
the National Academies.
    The Committee recommendation incudes the following:
    
    
                            SPACE OPERATIONS




Fiscal Year 2007 enacted..............................    $6,145,594,000
Fiscal Year 2008 request..............................     6,791,700,000
Recommended in the bill...............................     6,691,700,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       546,106,000
    Fiscal Year 2008 request..........................      -100,000,000


    The Space Operations Mission Directorate includes the 
International Space Station (ISS), the Space Shuttle Program, 
and Space and Flight Support. The Directorate is responsible 
for providing mission critical space exploration services by 
flying the Space Shuttle to assemble the Space Station, 
ensuring safe and reliable access to space, maintaining secure 
and dependable communications between platforms across the 
solar system, and ensuring the health and safety of our 
Nation's astronauts.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $6,691,700,000 for 
the Space Operations Mission Directorate, $100,000,000 below 
the request and $546,106,000 above fiscal year 2007.
    Of the amounts provided, the Committee has made the 
following adjustments to the budget request:
    +$5,000,000 for initial implementation of the Space 
Communication Architecture Working Group's recommendations 
regarding the Deep Space Network;
    -$85,000,000 from the TDRSS procurement, leaving the FY07 
amount of $65,000,000. This reduction should not affect the 
viability of the system;
    -$18,000,000 from the reserves for the International Space 
Station; and
    -$2,000,000 from the purchase of International Space 
Station crew cargo services. This cut is independent from, and 
the Committee is supportive of, the Commercial Orbital 
Transportation Services (COTS) project funded in the 
Exploration Systems Mission Directorate.
    NASA's Apollo-era infrastructure is of concern to the 
Committee. The condition of the aging and fragile Deep Space 
Network (DSN) is especially disconcerting. According to GAO, 
this system, which has some crucial components more than 40 
years old, has lost science data during routine operations and 
critical events. NASA began early studies of DSN upgrade 
options in 2000, but has yet to put forth a budget request to 
refurbish the existing network or provide for a new generation 
DSN. Although the agency states that funding will be requested 
as a part of the FY09 submission to Congress, the Committee 
believes that it is critical to start upgrades to this system 
as soon as possible and therefore recommends $5,000,000 to 
begin this process.
    According to NASA's budget request, the content and 
estimates for the Space Shuttle transition and retirement will 
be further defined in the FY09 budget submission to Congress. 
The Committee is concerned about this immense undertaking of 
transitioning assets and facilities to another NASA program, 
for external use, or for disposal, as well as the transitioning 
of the space shuttle workforce. The Committee directs the GAO 
to begin an immediate and ongoing review of NASA's plans and 
progress in this area and expects to receive quarterly updates 
beginning August 1, 2007.
    The remaining Space Shuttle manifest includes 12 assembly 
flights to the International Space Station (ISS), one Hubble 
Servicing Mission, and 2 flights to the ISS that NASA 
identifies as ``contingency logistics flights,'' which will be 
flown only if they can be launched before October 2010. These 
contingency missions would primarily be used to pre-deploy 
external and internal spares for use on the ISS after 
retirement of the Shuttle in 2010. In its February 2007 report, 
the ISS Independent Safety Task Force found that these 
contingency flights ``are needed to assure the long-term 
viability and, perhaps, survivability of the ISS.'' The 
Committee affirms the importance of safely flying the Shuttle 
manifest through 2010, including the two contingency flights. 
The logistics to be flown on these two flights will ensure that 
ISS systems are left in the maximum supportable position as the 
Shuttle retires, allow the ISS to be fully utilized after 
completion of assembly, enhance its role as a national 
laboratory, and subsequently enable the most robust market for 
commercial re-supply services.
    The Alpha Magnetic Spectrometer (AMS) will enable an 
ambitious, scientifically compelling experiment to investigate 
antimatter. Despite NASA's long-standing commitment to this 
unique experiment, the NASA Administrator last year stated that 
NASA would no longer commit to flying AMS to the International 
Space Station (SS) on the space shuttle. The Committee is 
disappointed that NASA has chosen to cancel the flying of this 
highly rated scientific experiment that would make use of the 
unique capabilities of the ISS. The Committee directs the 
Administrator to study the possibility of delivering the AMS to 
the ISS. This study should include the options considered, an 
analysis of those options, identify the preferred option 
including its cost and schedule, and how such an option could 
be implemented. This study should be submitted to the Committee 
within nine months of the enactment of this Act.

                      Office of Inspector General





Fiscal Year 2007 enacted..............................       $32,224,000
Fiscal Year 2008 request..............................        34,600,000
Recommended in the bill...............................        34,600,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +2,376,000
    Fiscal Year 2008 request..........................                 0


    The Inspector General Act of 1978 established the Office of 
Inspector General. The Office's mission is to prevent and 
detect crime, fraud, waste, abuse, and mismanagement while 
promoting economy, effectiveness, and efficiency with NASA.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $34,600,000 for the 
Office of Inspector General, the same as the request and 
$2,376,000 above the fiscal year 2007.

                       Administrative Provisions

    Bill language is included continuing most previous and 
requested administrative provisions but adds one new provision: 
a provision to extend the moratorium on Reductions in Force to 
September 30, 2008.

                      National Science Foundation





Fiscal Year 2007 enacted..............................    $5,917,165,000
Fiscal Year 2008 request..............................     6,429,000,000
Recommended in the bill...............................     6,509,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       591,835,000
    Fiscal Year 2008 request..........................       +80,000,000


    Established in 1950, the National Science Foundation's 
(NSF) primary purpose is to develop and implement a national 
policy on science, and support and promote basic research and 
education in the sciences.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $6,509,000,000 for 
NSF, $80,000,000 above the request and $591,835,000 above 
fiscal year 2007. This level of funding will support the 
doubling of the NSF budget in 10 years as part of a long-term, 
sustained commitment to investment in basic research and 
development which provides the foundation for innovation and 
future technologies.
    As in the past, the reprogramming guidelines are set forth 
in the ``General Provisions,'' section 505 of this Act. It is 
the intent of the Committee that the reprogramming requirements 
described in section 505 shall also apply to all balances of 
funds carried over into fiscal year 2007 by NSF. Detailed 
recommendations for NSF's individual appropriations accounts 
are contained in the following paragraphs.

                    RESEARCH AND RELATED ACTIVITIES




Fiscal Year 2007 enacted..............................    $4,665,950,000
Fiscal Year 2008 request..............................     5,131,690,000
Recommended in the bill...............................     5,139,690,000
Bill compared with:
    Fiscal Year 2007 enacted..........................      +473,740,000
    Fiscal Year 2008 request..........................        +8,000,000


Note.--The FY 2008 request and the FY 2008 recommendation reflect the
  transfer of EPSCoR from Education and Human Resources to Research and
  Related Activities.


    The Research and Related Activities Account supports 
activities that enable the United States to provide leadership 
and promote progress across the expanding frontiers of 
scientific and engineering research and education. These 
activities support areas of inquiry critical to long-term U.S. 
economic strength, security, and quality of life.
    The major activities within this account include: 
Biological Sciences; Computer and Information Science and 
Engineering; Engineering; Geosciences; Mathematical and 
Physical Sciences; Social, Behavioral and Economic Sciences; 
Office of Cyberinfrastructure; Office of International Science 
and Engineering; Office of Polar Programs; Integrative 
Activities and the Experimental Program to Stimulate 
Competitive Research (EPSCoR). In addition, funding for the 
U.S. Arctic Research Commission is provided through this 
account.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $5,139,690,000 for 
the Research and Related Activities account, $8,000,000 above 
the request and $473,740,000 above fiscal year 2007.
    The Committee has provided an additional $8,000,000 above 
the budget request for a total of $115,000,000 for the EPSCoR 
program. The Committee is pleased that the Director has chosen 
to give higher visibility to the EPSCoR program by relocating 
it to the Office of Integrative Activities within the Office of 
the Director as this will allow the EPSCoR program greater 
leverage for improving the research infrastructure, planning 
complex agendas, and developing talent for the 21st Century. As 
indicated by the Foundation, the development of science and 
technology talent is both competitive and robust and all 
regions of the country must have the tools and resources to 
participate in order for the Nation to stay competitive in 
science and engineering.
    Of the $8,000,000 provided above the budget request, the 
funds should be applied as follows:
          +$4,000,000 for Research Infrastructure Improvements 
        Awards (RII), for a total of $65,000,000;
          +$1,000,000 for co-funding, for a total of 
        $37,000,000; and
          +$3,000,000 for new program mechanisms including 
        Small Grants for Exploratory Research (SGER), 
        Traineeships to Increase Participation of U.S. Citizens 
        in Science and Engineering Careers, Experimental 
        Regional Innovation Awards, and Special Networking 
        Areas programs. The Committee directs NSF to submit a 
        report on its distribution of funds within 90 days of 
        enactment of this Act. Additionally, the Committee is 
        supportive of the budget request for SBIR/STTR funding 
        at $2,700,000, Outreach, Technical Support and 
        Administration funding at $1,300,000 and SBRC funding 
        at $6,000,000.
    The Committee strongly supports increases for the math and 
physical sciences, computer sciences, and engineering 
directorates in fiscal year 2008 for research and related 
activities (R&RA). However, the Committee also believes the 
Foundation should maintain comparable growth in fiscal year 
2008 for the biological sciences, geosciences, and social, 
behavioral and economic sciences directorates. As the 
Innovation Agenda moves forward, it is important to note that 
maintaining U.S. competitiveness will depend on advances in, 
and the interactions among, all fields of science. The 
Committee expects NSF to ensure that the biological sciences, 
geosciences, and social, behavioral, and economic sciences 
directorates receive increases in fiscal year 2008 that are 
comparable to the other directorates.
    From within the funds provided, $10,000,000 shall be for a 
new and dedicated program emphasizing transformative research. 
Transformative research is revolutionary and considered 
``cutting edge.'' Based on several reports including the 
National Science Board's (NSB) ``Enhancing Support of 
Transformative Research at the National Science Foundation'' as 
well as statements made by witnesses at the Committee's hearing 
on science funding, the Committee believes it is critical to 
address this emerging area. As stated in the NSB's report, 
``The underlying concern of these reports and, indeed, of this 
one is that failure to encourage and to support revolutionary 
ideas will jeopardize not only our Nation's ability to compete 
in today's and tomorrow's global economy, but also the progress 
of science as a whole.'' The Committee acknowledges that the 
Foundation currently conducts research that could be considered 
transformational, but as noted in the NSB's report, no funds 
are dedicated for this express purpose. The Committee directs 
that the Foundation establish a new program that is a distinct 
and separate Foundation-wide program designed specifically to 
solicit and to support transformational proposals. The 
Foundation is expected to provide to the Committee, 90 days 
after enactment of this Act, a plan for the distribution of 
these funds. This plan should include the Foundation's 
definition of transformative research.
    The cost of the operational support of the Academic 
Research Fleet, primarily supported by the Geosciences 
directorate, has risen significantly, forcing the number of 
ship operating days to be reduced from 3,000 days in 2003 to 
only about 2,000 today, thus diminishing the amount of science 
conducted. Based on calculations by the Foundation, the cost of 
returning the fleet to 3,000 ship operating days would require 
between $23 and $28 million for operations alone. Similar 
levels of funding would be required to fund research projects. 
The Committee understands that two acquisitions are underway to 
address the Foundation's most pressing needs and that there is 
a long-term plan to address the remainder of the aging fleet. 
The Foundation is urged to request additional funding in its 
fiscal year 2009 submission to Congress to address this 
problem.
    The Committee commends the NSF for including funds in the 
fiscal year 2008 request to begin implementing the 
recommendations of the ``Senior Review'' of NSF astronomy 
facilities. The funds are primarily intended to improve science 
instrumentation at these facilities, and the Committee urges 
the Foundation to continue this effort in the future. From 
within the total amount provided for this account, the 
Committee urges that additional funds be allocated to 
Atmospheric Sciences for weather and atmospheric facilities, 
Earth Sciences for seismology and hydrology, and other earth 
science infrastructure facilities and Astronomical Sciences for 
radio and optical facilities. These funds should be used for 
physical infrastructure improvements and restoration of 
facilities that were largely developed and constructed more 
than 20 years ago. This is in keeping with the Committee's 
concern that many facilities created in the 1960's and 1970's, 
and which are still in active use today, have failed to receive 
sufficient resources to maintain a safe and updated physical 
plant. The Committee will review the Foundation's response to 
this important activity in the FY 2008 operating plan following 
the final enactment of this Act.
    The Committee encourages the NSF to provide continued 
support for multidisciplinary research and educational 
approaches in emerging fields, such as service science. The 
Foundation should review what is currently being done in this 
area and explore what, and if, more should be done. The 
Committee understands that this topic will be reviewed in more 
depth by the authorizing committees.
    Given the economic importance and pervasive impact of 
semiconductors, the Committee supports NSF's continued 
sponsorship of the Nanoelectronics Research Initiative and 
other programs to advance semiconductor technology to its 
ultimate limits and to find a replacement technology to further 
information technology advances once these limits are reached. 
The Committee encourages NSF to continue its support for such 
research in fiscal year 2008.

          MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION




Fiscal Year 2007 enacted..............................      $190,881,000
Fiscal Year 2008 request..............................       244,740,000
Recommended in the bill...............................       244,740,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +53,859,000
    Fiscal Year 2008 request..........................                 0


    The Major Research Equipment and Facilities Construction 
account provides funding for the construction and acquisition 
of major research facilities that provide unique capabilities 
at the cutting edge of science and engineering. Operations and 
maintenance costs of the facilities are provided through the 
Research and Related Activities account.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $244,740,000 for the 
Major Research Equipment and Facilities Construction account, 
the same as the request and $53,859,000 above fiscal year 2007.
    The Committee recommendation includes requested funding of 
$244,740,000 for the following continuing projects: 
$102,070,000 for Atacama Large Millimeter Array (ALMA); 
$42,000,000 for the Alaska Region Research Vessel; $22,380,000 
for the IceCube Neutrino Observatory; $8,000,000 for (the 
National Ecological Observatory Network; $30,990,000 for the 
Ocean Observatories Initiative; and $6,550,000 for South Pole 
Station Modernization. In addition, the recommendation includes 
initial funding for one new project start: $32,750,000 for 
Advanced LIGO.
    While the recommendation includes the full request for the 
ALMA project for FY08, the Committee is concerned about the 
increased costs associated with this project. The NSF is 
directed to submit a report to the Committee by October 1, 
2007, on how it intends to correct the overall management and 
project issues and to provide the Committee with updated cost 
estimates for ALMA.

                     EDUCATION AND HUMAN RESOURCES




Fiscal Year 2007 enacted..............................      $796,693,000
Fiscal Year 2008 request..............................       750,600,000
Recomended in the bill................................       822,600,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +25,907,000
    Fiscal Year 2008 request..........................       +72,000,000


Note.--The FY 2008 request and the FY 2008 recommendation reflect the
  transfer of EPSCoR from Education and Human Resources to Research and
  Related Activities.


    The Foundation's Education and Human Resources activities 
support all levels of education and training from pre-
kindergarten through career development; promotes public 
understanding of science, mathematics, engineering, and 
technology; and ensures the United States has world-class 
scientists, mathematicians, and engineers. This account 
supports a cohesive and comprehensive set of activities that 
encompass every level of education and every region of the 
country. The major components of this Directorate include: 
Research on Learning in Formal and Informal Settings; 
Undergraduate Education; Graduate Education; and Human Resource 
Development.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $822,600,000 for 
Education and Human Resources, $72,000,000 above the fiscal 
year 2008 request and $25,907,000 above the fiscal year 2007.
    The amount above the request should be applied as follows:
          +$36,000,000 for a total of $46,000,000 for the 
        Robert Noyce Scholarship program;
          +$20,000,000 for a total of $66,000,000 for Math and 
        Science Partnership program;
          +$4,000,000 for a total of $86,850,000 for 
        Undergraduate/Graduate Student Support account;
          +$2,000,000 for a total of $49,000,000 for Graduate 
        Teaching Fellowships in K-12; and
          +$10,000,000 for a climate change education program.
    NSF not only includes research, but also shares in the 
responsibility for promoting quality math and science education 
as intertwining objectives at all levels of education across 
the United States. Math and science educators play a major role 
in keeping the U.S. competitive in the 21st century. Our future 
economic health depends on our investments in math and science 
education today.
    Increasing the number of highly qualified K-12 math and 
science teachers is critical to the creation of a new 
generation of innovators. Recommendations included in the 
National Academies' ``Rising Above the Gathering Storm'' report 
discussed the importance of expanding programs to enhance the 
undergraduate education of the future science and engineering 
workforce. The Robert Noyce Scholarship program encourages 
talented Science, Technology, Engineering, and Mathematics 
(STEM) undergraduate students and postgraduate professionals to 
become K-12 mathematics and science teachers. Because of the 
importance of this activity, the Committee is providing 
$36,000,000 above the budget request for a total of 
$46,000,000.
    The Committee is providing an increase of $20,000,000 for 
the Math and Science Partnership (MSP) program. This is a five 
percent increase above the FY07 level. The Math and Science 
Partnership program was established in 2002 to integrate the 
work of higher education with K-12 to strengthen and reform 
mathematics and science education. Recent assessment data on 
MSP projects indicate this program has been effective in 
increasing student performance at all levels assessed--
elementary, middle and high school.
    The National Science Foundation shall report to Congress, 
not later than 180 days after the date of enactment of this 
Act, a detailed breakdown of funding disbursements, including 
the quantification of grants that reach rural recipients for 
the Graduate Teaching Fellowships K-12, Math and Science 
Partnership, and Robert Noyce Scholarship Program for fiscal 
year 2006. The Committee encourages the NSF to work within its 
peer-reviewed process for these programs to incorporate rural 
communities, universities, and school districts so that they 
may also attract highly qualified math and science 
professionals to educate the youth of rural America.
    The Committee is providing a total of $86,850,000, a five 
percent increase above the request of $82,850,000 for the 
programs that make up the Undergraduate/Graduate Student 
Support account. These programs include the Louis Stokes 
Alliances for Minority Participation (LSAMP), the Historically 
Black Colleges and Universities Undergraduate Program (HBCU-
UP), and the Tribal Colleges and Universities Program (TCUP). 
It is expected that the monies for these programs will be 
proportionately distributed.
    The Foundation is urged to broaden Hispanic participation 
in the Nation's STEM education. The Committee is aware that the 
authorizing committees are currently reviewing this issue and 
the House version of the reauthorizing bill includes language 
directing the National Academies to look at how this task might 
be accomplished. The Committee supports such direction and 
expects NSF to begin to address this issue in its operating 
plan.
    The Graduate Research Fellowship program prepares the most 
promising science, mathematics, and engineering students in the 
U.S. for a broad range of disciplinary and cross-disciplinary 
careers. The Committee is providing an increase of $2,000,000, 
or five percent, for this program.
    The Committee has provided $10,000,000 for a new activity 
in the Education and Human Resources Directorate: education and 
training in the use of Earth observations and information 
derived from those observations, which includes assistance to 
educators in inspiring and training students in this area. As 
called for in the National Academies' ``Earth Science and 
Applications from Space: National Imperatives for the Next 
Decade and Beyond'', the training of future scientists who are 
needed to interpret observations, and who will turn the 
measurements into knowledge and information is critical. The 
Foundation should work with the National Academies in the 
development of a plan for the distribution of these funds.
    The Committee supports the FY08 request of $51,600,000 for 
the Advanced Technological Education (ATE) program. This 
program is a valuable tool for promoting education in community 
colleges and contributing to the pool of technology specialists 
available to the public and private sectors.
    Finally, the Committee is supportive of the requested 
increase of $4,530,000 for the Centers of Research Excellence 
in Science and Technology (CREST) program which assists in 
strengthening research and education in minority-serving 
institutions.

                 AGENCY OPERATIONS AND AWARD MANAGEMENT




Fiscal Year 2007 enacted..............................      $248,245,000
Fiscal Year 2008 request..............................       285,590,000
Recommended in the bill...............................       285,590,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +37,345,000
    Fiscal Year 2008 request..........................                 0


    The Agency Operations and Award Management Account includes 
funds for staff salaries, benefits, staff travel, training, 
rent, information technology, administrative contractual 
services, supplies, equipment, and other operating expenses 
necessary for management of NSF's research and education 
activities. This account supports full-time equivalents (FTEs), 
provides for current administrative services, and enhances the 
agency's investment in information technology to increase 
productivity.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $285,590,000 for the 
Agency Operations and Awards Management, the same as the 
request and $37,345,000 above fiscal year 2007 level.

                  Office of the National Science Board





Fiscal Year 2007 enacted..............................        $3,969,000
Fiscal Year 2008 request..............................         4,030,000
Recommended in the bill...............................         4,030,000
Bill compared with:
    Fiscal Year 2007 enacted..........................           +61,000
    Fiscal Year 2008 request..........................                 0


    The Office of the National Science Board, established in 
1950, establishes policies and assesses the quality, relevance 
and performance of the National Science Foundation's awards and 
capital investments. In addition, the Board provides advice to 
the President and the Congress on matters of science and 
engineering policy.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $4,030,000 for the National 
Science Board, the same as the fiscal year 2008 request and 
$61,000 above the amounts provided in fiscal year 2007.
    The Committee expects that funds provided to the National 
Science Board should be available for the appointment of 
technical and professional personnel on leave of absence from 
academic, industrial, or research institutions for a limited 
term. This will provide the Board office the ability to appoint 
faculty and other external research and education policy 
experts for temporary assignments in support of Board studies 
and projects. Additionally, bill language has been included 
providing for a two year availability of funds. This will 
increase the efficiency of utilization of Board funds for 
various studies and projects that inevitably cross over fiscal 
years.

                      Office of Inspector General





Fiscal Year 2007 enacted..............................       $11,427,000
Fiscal Year 2008 request..............................        12,350,000
Recommended in the bill...............................        12,350,000
Bill compared with:
    Fiscal Year 2007 enacted..........................          +923,000
    Fiscal Year 2008 request..........................                 0


    The Office of Inspector General was established to promote 
economy, efficiency, and effectiveness in administering the 
Foundation's programs; to detect and prevent fraud, waste, or 
abuse within the Foundation or by individuals that request or 
receive National Science Foundation funding; and to identify 
and resolve cases of misconduct in science.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $12,350,000 for the 
Office of Inspector General, the same as the fiscal year 2008 
request and $923,000 above fiscal year 2007.

                       TITLE IV--RELATED AGENCIES


                       Commission on Civil Rights


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................        $8,972,000
Fiscal Year 2008 request..............................         8,800,000
Recommended in the bill...............................         9,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................           +28,000
    Fiscal Year 2008 request..........................          +200,000


    The Commission on Civil Rights was established by the Civil 
Rights Act of 1957 and is directed by eight part-time 
Commissioners. The Commission was created to protect the civil 
rights of people within the United States and was intended to 
be an independent, bipartisan, fact-finding agency. The 
Commission investigates charges of citizens being deprived of 
voting and other civil rights and collects, studies, and 
disseminates information on the impact of Federal laws and 
policies on civil rights.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $9,000,000 for the 
salaries and expenses of the Commission on Civil Rights, which 
is $200,000 above the request and $28,000 above fiscal year 
2007.
    The Committee has serious reservations about the 
Commission's current capacity and commitment to fulfilling its 
civil rights mission in a fair and effective manner. The 
Commission continues to grapple with leadership accountability 
issues, including appropriate policies and procedures governing 
the objectivity of written Commission reports, and numerous 
management and operational deficiencies. For example, 
inadequate budget controls resulted in the lapse of 
approximately $785,000 in Commission funds for fiscal year 
2006.
    The Committee also remains frustrated with the Commission's 
inability to effectively support its regional and grassroots 
network, including the State Advisory Committees, which are the 
``eyes and ears'' of the Commission. It is disturbing to note 
that 36 of the 51 State Advisory Committees are inoperative 
because their authorizing charters have expired.
    The Committee places a priority on the reconstitution of 
the State Advisory Committees, and expects that appointments 
will achieve a balance of viewpoints and a broad diversity of 
membership, particularly in terms of gender, party affiliation, 
and civil rights experience with affected communities such as 
the disabled. No person is to be denied an opportunity to serve 
on a State Advisory Committee because of race, age, sex, sexual 
orientation, religion, national origin, disability, or 
political persuasion.
    The recommendation includes bill language which provides: 
(1) a limitation of four full-time positions under schedule C 
of the Excepted Service, exclusive of one special assistant for 
each Commissioner, and (2) a prohibition against reimbursing 
Commissioners for more than 75 billable days, with the 
exception of the chairperson, who is permitted 125 billable 
days.
    The limitation on the number of full-time positions under 
schedule C of the Excepted Service, exclusive of one special 
assistant for each Commissioner, is intended to ensure that the 
work of the Commission is not politicized and is performed by 
professionals dedicated to the Commission's statutory mission. 
The Committee also notes that not all Commissioners have 
special assistants, and expects that this will be rectified.
    The Committee further expects that the Commission will 
adopt procedures to ensure that the preparation or adoption of 
any report or briefing paper will follow appropriate procedures 
to ensure transparency, an open process, and adequate review.
    The Commission is also expected to submit its fiscal year 
2009 budget request in a timely manner.

                Equal Employment Opportunity Commission


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................      $328,746,000
Fiscal Year 2008 request..............................       327,748,000
Recommended in the bill...............................       332,748,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +4,002,000
    Fiscal Year 2008 request..........................        +5,000,000


    The Equal Employment Opportunity Commission (EEOC) has 
jurisdiction over employment discrimination issues for the 
Federal government's role as an employer and also for private 
employers, State and local agencies, employment services, and 
labor organizations. The EEOC receives, reviews, investigates, 
and processes charges of employment discrimination, and files 
discrimination suits. The EEOC also provides guidance and 
information to both employers and employees concerning their 
rights and responsibilities under the laws we enforce.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $332,748,000 for the 
EEOC for fiscal year 2008, which is $4,002,000 above fiscal 
year 2007 and $5,000,000 above the request.
    Reducing the backlog.--The Committee is concerned over the 
rising backlog of charges of employment discrimination at the 
EEOC. The EEOC estimates that it will have a backlog of 54,265 
complaints in fiscal year 2007 and 67,108 complaints by fiscal 
year 2008. EEOC's FY08 budget submission attributes its growing 
backlog to staff attrition. The Committee is aware that EEOC 
has suffered staffing losses of approximately 543 frontline 
employees in the field due to attrition and a lengthy hiring 
freeze. EEOC's Chair has testified that most of these losses 
were to the ranks of investigators, support staff, and 
attorneys. Therefore, the Committee has provided additional 
funds to reduce the backlog and directs the Commission to 
report to the Committee within two months after enactment of 
this Act on the investments the Commission intends to make to 
reduce this backlog, including hiring permanent frontline field 
staff as well as resource investments as appropriate.
    National Contact Center.--The Committee includes bill 
language that no funds shall be used to outsource the EEOC call 
center. The Committee has previously noted its concerns with 
the National Contact Center (NCC) which the Commission operates 
as a pilot project. The Committee expects the Commission to 
utilize the funds requested for continuation of the NCC to 
upgrade telephone technology in its offices and hire staff in 
its field offices to address calls from the public. 
Alternatively, the savings may be used to establish an in-house 
call center to be located in surplus space in existing EEOC 
office(s).
    The bill includes language providing $28,000,000 for 
payments to State and local Fair Employment Practices Agencies 
(FEPAs). The bill also includes language similar to that 
included in previous appropriations Acts allowing up to $2,500 
for official reception and representation expenses.

                     International Trade Commission


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................       $61,950,000
Fiscal Year 2008 request..............................        68,400,000
Recommended in the bill...............................        68,400,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +6,450,000
    Fiscal Year 2008 request..........................                 0


    The International Trade Commission is an independent, 
quasi-judicial agency responsible for conducting trade-related 
investigations; providing the Congress and the President with 
independent, expert technical advice to assist in the 
development and implementation of U.S. international trade 
policy; responding to the Congress and the President on various 
matters affecting international trade; maintaining the 
Harmonized Commodity Description and Coding System of 
internationally accepted product nomenclature; providing 
technical assistance to eligible small businesses seeking 
remedies and benefits under the trade laws; and performing 
other specific statutory responsibilities ranging from research 
and analysis to quasi-judicial functions on trade-related 
matters.

                        COMMITTEE RECOMMENDATION

    The Committee recommends $68,400,000 for the International 
Trade Commission (ITC) for fiscal year 2008, which is 
$6,950,000 above the amount provided in the current year and 
the same as the request.

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION




Fiscal Year 2007 enacted..............................      $348,578,000
Fiscal Year 2008 request..............................       310,860,000
Recommended in the bill...............................       377,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................       +28,422,000
    Fiscal Year 2008 request..........................       +66,140,000


    The Legal Services Corporation (LSC) is a private, non-
profit corporation that provides low-income individuals with 
access to legal assistance and information concerning civil 
legal problems. Created in 1974, the LSC is charged by Congress 
to provide assistance to those who would otherwise be unable to 
afford adequate legal counsel.

                        COMMITTEE RECOMMENDATION

    The Committee strongly supports the LSC's mission ``to 
promote equal access to justice in our Nation.'' The Committee 
recommendation includes $377,000,000 for the LSC, which is 
$28,422,000 above fiscal year 2007 and $66,140,000 above the 
request. Adjusted for inflation, this amount restores LSC 
funding to the level provided in fiscal year 2004.
    In October 2005, the LSC issued a report entitled 
``Documenting the Justice Gap in America.'' This nationwide 
study found that for every eligible person served by an LSC-
funded legal aid program, another person was turned away due to 
lack of resources.
    Last year, the Congress took a significant step toward 
closing the justice gap with an increase of $22,000,000 over 
the previous year, which corresponds to an increase of 24,200 
client cases closed. The $28,422,000 increase recommended in 
this bill would mean that another 31,240 low-income clients' 
cases can be concluded. In addition, these funding increases 
support less formal legal aid services, including referrals and 
online self-help forms, for tens of thousands more low-income 
Americans.
    Within the total provided, $355,134,000 is for grants to 
basic field programs and required independent audits; 
$3,041,000 is for the Office of Inspector General; $13,825,000 
is for Corporation management and administration; $4,000,000 is 
for client self-help and information technology; and $1,000,000 
is for loan repayment assistance.
    The recommendation does not include bill language regarding 
locality pay at the LSC. However, the Committee is aware of the 
issue and intends to work with the Corporation and other 
interested parties to find an appropriate resolution.

          ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION

    The Committee recommendation includes bill language to 
continue similar statutory requirements and restrictions 
contained in previous appropriations Acts.

                        Marine Mammal Commission


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................        $2,896,000
Fiscal Year 2008 request..............................         2,299,000
Recommended in the bill...............................         3,000,000
Bill compared with:
    Fiscal Year 2007 enacted..........................          +104,000
    Fiscal Year 2008 request..........................          +701,000


    The Marine Mammal Commission and its Committee of 
Scientific Advisors on Marine Mammals are charged with 
overseeing and advising on domestic and international actions 
to further the policies and provisions of the Marine Mammal 
Protection Act. The Commission provides objective, science-
based advice to the Congress and the Executive Branch on issues 
related to the protection of marine mammals.

                        COMMITTEE RECOMMENDATION

    The number of issues affecting marine mammal conservation 
has grown over the past three decades and the Committee 
recognizes these increasing responsibilities of the Commission. 
As such, the Committee recommendation includes $3,000,000 for 
the necessary expenses, including the hiring of two additional 
FTEs, for the Marine Mammal Commission. This amount is $104,000 
above the current year level and $701,000 above the request. 
The Committee has provided this increase to allow the 
Commission to address various challenges including the effects 
of and adaptation to climate change and the study of endangered 
species.
    The Committee understands that marine mammals in polar 
regions are particularly vulnerable to the effects of climate 
change due to the expected reduction in sea ice and subsequent 
changes in ecosystem biodiversity and structure. Many of these 
animals are poorly studied and already may be experiencing 
serious effects from climate change.
    The Commission has initiated a project to develop 
monitoring strategies for Arctic marine mammals and the 
Committee supports efforts to complete this work and to then 
shift focus to development of mitigation efforts.
    The Committee expects the Commission to continue its 
efforts to minimize the direct and indirect effects of 
fisheries, noise, disease, chemical contaminants, harmful algal 
blooms, climate change, habitat alteration, boating and 
commercial shipping, marine debris, and other factors that may 
pose a risk of sublethal and lethal effects on marine mammals 
or that may affect the health and stability of the marine 
ecosystem.

           National Veterans Business Development Corporation


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................        $1,481,000
Fiscal Year 2008 request..............................                 0
Recommended in the bill...............................         2,500,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +1,019,000
    Fiscal Year 2008 request..........................        +2,500,000


    The Corporation was established by Public Law 106-50 to 
foster entrepreneurship and business opportunities for 
Veterans, including access to capital, surety bonding, 
training, mentoring, and markets. The National Veterans 
Business Development Corporation (TVC) will provide members of 
the Guard and Reserves and their families with pre/post-
deployment assistance to preserve family-owned businesses.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $2,500,000 in total 
resources for the programs of the TVC for fiscal year 2008, 
which is $1,019,000 above fiscal year 2007. The President's 
budget did not include funding for the TVC.
    The Committee understands that fiscal year 2004 was the 
last year the TVC was authorized to receive appropriated funds 
but that initial startup of the TVC was delayed. The Committee 
recognizes that 2007 is far different than 1999 when TVC's 
original authorizing legislation was approved. Since 2005 TVC 
has embraced its task and in the true spirit of 
entrepreneurship has learned what works. During this time, TVC 
has adapted its programs and services to an environment that 
not only includes Veterans from prior conflicts, but an 
increasing number of young, many disabled, technologically 
savvy Operation Enduring Freedom Operation Iraq Freedom.
    In TVC's strategic plan for FY 2006, staff members were 
directed to reach 10,000 Veterans directly and through TVC's 
partner network. Through TVC's headquarters and partners, TVC 
attained 140 percent of the goal by supplying face-to-face 
services to 14,026 Veterans. In addition to this direct 
interaction it should be noted that during the final months of 
FY 2006, TVC has achieved more than one million hits to its new 
web-site, which has add another 325,982 veterans online by 
providing outreach and support. In FY 2006 TVC delivered 
directly, face-to-face and electronically, services to 445,413 
Veterans, Service Disabled Veterans, along with members of the 
Guard and Reserves. TVC expects to meet or exceed the 2006 
monthly average of 37,118 Veterans served in the coming months.
    The Committee directs the TVC to submit a spending plan to 
the Committee outlining the allocation of funding provided in 
this bill. The plan should describe the level of funding 
proposed to be used for overhead costs, salary, benefits as 
well as places of operation for all of its community based 
organization (CBOs). The Committee directs the TVC to report to 
the Committee no later than 30 days after the enactment of this 
act, and on a quarterly basis thereafter.

            Office of the United States Trade Representative


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................       $44,207,000
Fiscal Year 2008 request..............................        44,407,000
Recommended in the bill...............................        48,407,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +4,200,000
    Fiscal Year 2008 request..........................        +4,000,000


    The Office of the U.S. Trade Representative (USTR) seeks to 
contribute to U.S. economic growth, competitiveness, and 
prosperity by opening markets and reducing trade and investment 
barriers around the world to create new commercial 
opportunities for U.S. goods and services industries, workers, 
ranchers, and farmers.
    The USTR is a member of the President's Cabinet and serves 
as the President's principal trade advisor, negotiator, and 
spokesperson on trade issues. USTR is part of the Executive 
Office of the President. Through an interagency structure, USTR 
coordinates trade policy, resolves disagreements, and frames 
issues for presidential decision. The USTR is also the Vice-
Chairman of the Overseas Private Investment Corporation, a 
member of the Board of the Millennium Challenge Corporation, an 
ex-officio member of the Export-Import Bank Board of Directors, 
and a member of the National Advisory Council on International 
Monetary and Financial Policies.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $48,407,000 for the 
Office of the United States Trade Representative (USTR) for 
fiscal year 2008, $4,000,000 above the request, and $4,200,000 
above fiscal year 2007.
    The increase above the request recommended by the Committee 
will support the USTR's pursuit of an active trade agenda and 
an increased focus on intellectual property protection, and 
China, including full staffing of the new office in Beijing, 
and the filling of attorney vacancies.
    The Committee remains concerned that representations set 
forth in a July 27, 2005 letter from Secretary of Commerce 
Gutierrez and the U.S. Trade Representative Robert Portman 
regarding administration intentions to undertake actions to 
address unfair competition as a result of CAFTA have not been 
fulfilled. Specifically, the Secretary and the Trade 
Representative stated:

        * * * you (the Congressional Representative) have 
        strongly and clearly conveyed to the administration 
        that many sock producers have concerns about the impact 
        of CAFTA. As we discussed last week, there are a number 
        of actions we can and are very willing to take in 
        response to these concerns * * *

    To date, Congress is unaware of any actions related to the 
CAFTA countries taken by the Administration pursuant to this 
representation. Therefore, the Committee urges the Department 
of Commerce, and the USTR to fulfill those promises, and 
directs the USTR to report to the Committee the status of 
fulfillment of those promises no later than 30 days after the 
enactment of this act, and on a quarterly basis thereafter.
    Intellectual Property Rights (IPR).--The Committee is aware 
of significant intellectual property issues that infringe on 
our trading relationships with China, Russia and Canada. The 
Committee encourages USTR to continue to prioritize such issues 
in bilateral and multilateral trade negotiations, and in 
particular, to provide a report to the Committee on Russia's 
progress in complying with intellectual property commitments.
    International Standards.--The Committee directs the USTR to 
ensure that U.S. business interests are fully represented in 
international standards negotiations. The Committee directs the 
USTR to collaborate with the Department of Commerce, including 
the National Institute of Standards and Technology, and the 
State Department to reduce trade barriers to U.S. exports. The 
Committee continues its direction to the USTR to ensure U.S. 
standards are adopted in international negotiations.
    Textiles.--The Committee is aware of concerns about the 
World Trade Organization negotiations concerning textiles and 
apparel. Specifically, the Committee is concerned that the 
current part of tariff reduction negotiations under the Doha 
Round will result in a non-reciprocal arrangement detrimental 
to United States manufacturers. The Committee believes such 
negotiations should be consistent with the trade negotiating 
objectives of the United States contained in section 2012 of 
the Bipartisan Trade Promotion Authority Act of 2002 (19 U.S.C. 
3802) and directs to report to the Committee within 60 days of 
enactment of this Act regarding adherence to these objectives. 
Bill language is included regarding this matter.
    Reporting Requirements.--It has been brought to the 
Committee's attention that the USTR may fare better in bringing 
trade dispute cases to the WTO by using additional support from 
private counsel. In-house expertise in long-term complex WTO 
dispute cases is difficult to maintain in an ever-changing 
international trade climate. Outside counsel in countries such 
as China, Russia, and Brazil could assist with clarification of 
local laws and regulations, enforcement policies and practices, 
and market conditions. USTR is directed to report back to the 
Committee on the desirability of such a new authority.

                        State Justice Institute


                         SALARIES AND EXPENSES




Fiscal Year 2007 enacted..............................        $3,455,000
Fiscal Year 2008 request..............................                 0
Recommended in the bill...............................         4,640,000
Bill compared with:
    Fiscal Year 2007 enacted..........................        +1,185,000
    Fiscal Year 2008 request..........................        +4,640,000


    The State Justice Institute (SJI) is a non-governmental 
organization that awards grants to improve the administration 
of justice in State courts. Although SJI is currently 
authorized in Public Law 108-372 through 2008, the 
Administration's budget request has proposed the elimination of 
Federal funding for SJI.

                        COMMITTEE RECOMMENDATION

    The Committee recommendation includes $4,640,000 for the 
State Justice Institute for fiscal year 2008, which is 
$1,185,000 above fiscal year 2007 and $4,640,000 above the 
request. The Committee recommends that, of the amount 
appropriated, $500,000 may be used for strategic initiatives 
that will have national implications for the courts.
    The Committee commends SJI for continuing to work with the 
Office of Justice Programs (OJP) on issues involving State 
courts and encourages SJI to continue to seek funds from OJP 
grant programs. The Committee also commends SJI for its recent 
successes in obtaining dollar-for-dollar matching funds for 
grants awarded. The Committee expects this goal to remain in 
place during fiscal year 2008.

                      TITLE V--GENERAL PROVISIONS

    The Committee recommends the following general provisions 
for the departments and agencies funded in the accompanying 
bill.
    Section 501 prohibits any appropriation contained in the 
Act from being used for publicity or propaganda purposes not 
authorized by the Congress.
    Section 502 prohibits any appropriation contained in this 
Act from remaining available for obligation beyond the current 
fiscal year unless explicitly provided.
    Section 503 provides that the expenditure of any 
appropriation contained in the Act for any consulting service 
through procurement contracts 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.
    Section 504 provides that if any provision of this Act or 
the application of such provision to any person or circumstance 
shall be held invalid, the remainder of this Act and the 
application of such provisions to persons or circumstances 
other than those to which it is held invalid shall not be 
affected.
    Section 505 provides for the Committee's policy concerning 
the reprogramming of funds. Section 505(a) prohibits the 
reprogramming of funds which: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds 
or personnel by any means for any project or activity for which 
funds have been denied or restricted; (4) relocates offices or 
employees; (5) reorganizes or renames offices; (6) reorganizes 
programs, or activities; or (7) contracts out or privatizes any 
function or activity presently performed by Federal employees 
unless the Appropriations Committee is notified 15 days in 
advance. Section 505(b) prohibits 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 Appropriations Committees of 
both Houses of Congress are notified 15 days in advance. The 
Committee has again included carryover funds under the 
requirements of section 505 to clarify that agencies must 
follow reprogramming procedures with respect to carryover 
funds.
    Section 506, proposed for deletion in the budget request, 
makes permanent the prohibits of funds from being used to 
implement, administer, or enforce any guidelines of the Equal 
Employment Opportunity Commission covering harassment based on 
religion similar to proposed guidelines published by the EEOC 
in October 1993.
    Section 507 provides that if it is determined that any 
person intentionally affixes a ``Made in America'' label to any 
product that was not made in America that person shall not be 
eligible to receive any contract or subcontract with funds made 
available in this Act.
    Section 508, proposed for deletion in the budget request, 
requires quarterly reporting to Congress of unobligated 
balances that were received during any previous fiscal year.
    Section 509 provides that any closing or downsizing costs 
incurred by a Department or Agency funded under this Act 
resulting from funding reductions in the Act shall be absorbed 
within the budgetary resources available to the Department or 
agency, and provides transfer authority between appropriation 
accounts to carry out the provision, subject to reprogramming 
procedures.
    Section 510, proposed for deletion in the budget request, 
prohibits funds made available in this Act from being used to 
promote the sale or export of tobacco or tobacco products or to 
seek the reduction or removal of foreign restrictions on the 
marketing of tobacco products, provided that such restrictions 
are applied equally to all tobacco products or tobacco products 
of the same type. This provision is not intended to impact 
routine international trade services provided to all U.S. 
citizens, including the processing of applications to establish 
foreign trade zones.
    Section 511 prohibits funds made available in this Act from 
being used to implement a Federal user fee for background 
checks conducted pursuant to the Brady Handgun Control Act of 
1993, or to implement a background check system that does not 
require and result in the destruction of certain information 
within 24 hours.
    Section 512, modified from the request, delays the 
obligations of any receipts deposited into the Crime Victims 
Fund in excess of $625,000,000 until October 1, 2008. This 
language is continued to ensure a stable source of funds will 
remain available for the program, despite inconsistent levels 
of criminal fines deposited annually into the fund. Requested 
language rescinding the remaining balances in the Crime Victims 
Fund is not included.
    Section 513 prohibits the use of Department of Justice 
funds for programs that discriminate against or denigrate the 
religious beliefs of students participating in such programs.
    Section 514, proposed for deletion in the budget request, 
prohibits the transfer of funds in the Act to any department or 
agency of the United States Government, except for transfers 
made under authorities provided in this, or any other 
appropriations Act.
    Section 515, proposed for deletion in the budget request, 
provides that funds provided for E-Government Initiatives shall 
be subject to the procedures set forth in section 505 of this 
Act.
    Section 516, proposed for deletion in the budget request, 
requires the Bureau of Alcohol, Tobacco, Firearms and 
Explosives to include specific language in any release of 
tracing study data that makes clear that trace data cannot be 
used to draw broad conclusions about firearms-related crime.
    Section 517 prohibits the use of funds to process patents 
of human organisms. The Committee concurs with the intent of 
this provision as expressed in the colloquy between the 
provision's sponsor in the House and the Ranking Minority 
Member of the House Committee on Appropriations as occurred on 
July 22, 2003, with respect to any existing patents on stem 
cells.
    Section 518, proposed for deletion, prohibits the use of 
funds in this Act to be used to support or justify torture by 
any official or contract employee of the United States 
Government.
    Section 519, proposed for deletion in the budget request, 
prohibits the use of funds in this Act to require certain 
export licenses.
    Section 520, proposed for deletion in the budget request, 
prohibits the use of funds in this Act to deny certain import 
applications regarding ``curios or relics'' firearms, parts, or 
ammunition.
    Section 521, proposed for deletion in the budget request, 
prohibits the use of funds to include certain language in trade 
agreements.
    Section 522, proposed in the budget request, amends section 
313 of the National Aeronautics and Space Act of 1958 as 
amended by deleting paragraph (a)(2). This section is 
superseded by provisions in this Act.
    Section 523 prohibits the use of funds to authorize a 
national security letter in contravention of the statutes 
authorizing the FBI to issue national security letters.
    Section 524, bill language is included prohibiting the use 
of funding in the bill to be used to implement a revision to 
the OMB A-76 circular made on May 29, 2003. Under this 
circular, Federal workers whose jobs are threatened by 
privatization are prohibited from appealing to the Government 
Accountability Office (GAO) if they lose job competitions under 
the Administration's ``competitive sourcing'' initiative. Only 
private contractors have the right to appeal to GAO and have 
judicial reviews in the United States Court of Federal Claims 
when their contract bid is rejected. This language would be 
applicable only to the Departments and agencies funded in this 
Act. The Committee is committed to ensuring that Federal 
employees have the same appeal rights as the contractors they 
are competing against.
    Section 525 extends to 2009 the Emergency Steel Loan 
Guarantee Act.
    Section 526 amends Section 605 of the Harmful Algal Bloom 
and Hypoxia Research and Control Act of 998, providing new 
authorized funding levels for 2008 through 2010.
    Section 527 corrects two enrollment errors in P.L. 109-479 
which amended the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1853a).
    Section 528 prohibits the use of funds to contract with an 
entity that does not participate in the Basic Pilot Program of 
the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996.

                         TITLE VI--RESCISSIONS


                         Department of Commerce


                              (RESCISSION)

    The recommendation includes a rescission of $41,848,000 
from unobligated balances in this Department and requests that 
within 30 days after the date of the enactment of this section 
the Secretary shall submit to the Committee on Appropriations 
of the House of Representatives and the Senate a report 
specifying the amount of each rescission made pursuant to this 
section.
    The recommendation does not include the requested 
rescission of $48,607,000 for the Emergency steel guaranteed 
loan program account.

                         Department of Justice


                              (RESCISSION)

    The recommendation includes a rescission of $86,000,000 
from unobligated balances in this Department and requests that 
within 30 days after the date of the enactment of this section 
the Attorney General shall submit to the Committee on 
Appropriations of the House of Representatives and the Senate a 
report specifying the amount of each rescission made pursuant 
to this section.

                         General Administration


                          WORKING CAPITAL FUND

                              (RESCISSION)

    The recommendation includes a rescission of $41,000,000 
from unobligated balances in this account, as requested.

                           Detention Trustee


                              (RESCISSION)

    The recommendation includes a rescission of $135,000,000 of 
the unobligated prior year balances.

                            Legal Activities


                         ASSETS FORFEITURE FUND

                              (RESCISSION)

    The recommendation includes a rescission of $240,000,000 
from unobligated balances in this account, as requested.

                       Office of Justice Programs


                              (RESCISSION)

    The recommendation includes a rescission of $87,500,000 of 
the unobligated prior year balances under this heading, as 
requested.

                  Community Oriented Policing Services


                             (RESCISSIONS)

    The recommendation includes a rescission of $87,500,000 of 
unobligated prior year balances in this account, as requested.
    The recommendation includes a rescission of $10,278,000 of 
unobligated balances appropriated from the Violent Crime 
Reduction Trust Fund in this account.

             National Aeronautics and Space Administration


                              (RESCISSION)

    The recommendation includes a rescission of $69,832,000 of 
unobligated prior year balances in this account and requests 
that within 30 days after the date of the enactment of this 
section the Administrator shall submit to the Committee on 
Appropriations of the House of Representatives and the Senate a 
report specifying the amount of each rescission made pursuant 
to this section.

                      National Science Foundation


                              (RESCISSION)

    The recommendation includes a rescission of $24,000,000 of 
unobligated prior year balances in this account and requests 
that within 30 days after the date of the enactment of this 
section the Director shall submit to the Committee on 
Appropriations of the House of Representatives and the Senate a 
report specifying the amount of each rescission made pursuant 
to this section.

              House of Representatives Report Requirements

    The following items are included in accordance with various 
requirements of the Rules of the House of Representatives.

               Changes in the Application of Existing Law

    Pursuant to clause 3(f)(1) of rule XIII of Rules of the 
House of Representatives, the following statements are 
submitted describing the effect of provisions in the 
accompanying bill, which directly or indirectly change the 
application of existing law.

                    TITLE I--DEPARTMENT OF COMMERCE

    International Trade Administration includes language for 
engaging in trade promotional activities abroad, including 
expenses of grants and cooperative agreements for the purpose 
of promoting exports of United States firms; 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; employment of Americans 
and aliens by contract for services; rental of space abroad and 
expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for 
use abroad; payment of tort claims. Includes language regarding 
official representation expenses abroad and the purchase of 
passenger motor vehicles for official use abroad. Includes 
language making funds available for Manufacturing and Services, 
Market Access and Compliance, Import Administration and the 
Office of China Compliance and the United States and Foreign 
Commercial Service and Executive Direction and Administration. 
Includes language regarding the Mutual Educational and Cultural 
Exchange Act of 1961.
    Bureau of Industry and Security Operations and 
Administration includes language for engaging in 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; and payment of tort claims. Includes language regarding 
official representation expenses abroad; awards of compensation 
to informers, and purchase of passenger motor vehicles for 
official use and motor vehicles for law enforcement use. 
Includes language making funds available for inspections and 
other activities related to national security. Includes 
language regarding the Mutual Educational and Cultural Exchange 
Act of 1961. Includes language regarding retention of payments 
and contributions.
    Economic Development Administration, Economic Development 
Assistance Programs includes language making funds available 
until expended.
    Economic Development Administration, Salaries and Expenses 
includes language making funds available to monitor projects.
    Minority Business Development Agency includes language 
making funds available for developing minority business 
enterprise, including expenses of grants, contracts, and other 
agreements.
    Economic and Information Infrastructure, Economic and 
Statistical Analysis salaries and expenses includes language 
making funds available until 2009.
    Bureau of the Census, Salaries and Expenses includes 
language making funds available for collecting, compiling, 
analyzing, preparing, and publishing statistics.
    Periodic Censuses and Programs includes language providing 
resources for the 2010 decennial census available until 2009; 
and prohibiting funds from being used for the collection of 
census data on race identification that does not include ``some 
other race'' as a category.
    National Telecommunications and Information Administration, 
Salaries and Expenses includes language providing resources for 
the National Telecommunications and Information Administration 
(NTIA). Includes language regarding fees.
    Public Telecommunications Facilities, Planning and 
Construction includes language making funds available until 
expended and providing resources for the administration of 
public telecommunications facilities, planning and construction 
grants. Includes language providing resources for program 
management. Includes language making prior year unobligated 
balances be available for grants previously approved.
    United States Patent and Trademark Office, Salaries and 
Expenses includes language making funds available until 
expended and providing resources for the United States Patent 
and Trademark Office including defense of suits instituted 
against the Under Secretary of Commerce for Intellectual 
Property and Director of the United States Patent and Trademark 
Office. Includes language providing for the reduction of the 
resources from offsetting collections. Includes language 
regarding basic pay, life insurance and health benefits. 
Includes language noting that sections 801, 802, and 803 of 
Division B, Public Law 108-447 shall remain in effect during 
fiscal year 2008.
    Science and Technology, Technology and Administration, 
Salaries and Expenses includes language making funds available 
until 2009.
    National Institute of Standards and Technology, Scientific 
and Technical Research and Services includes language making 
funds available until expended and specifying funding for the 
Working Capital Fund.
    Industrial Technology Services includes language making 
funds available until expended and providing resources for the 
Hollings Manufacturing Extension Partnership and the Advanced 
Technology Program.
    Construction of Research Facilities includes language 
making funds available until expended and providing resources 
for the construction of new research facilities, including 
architectural and engineering design, and for renovation and 
maintenance of existing facilities.
    National Oceanic and Atmospheric Administration, 
Operations, Research and Facilities includes language providing 
resources for necessary expenses of the National Oceanic and 
Atmospheric Administration (NOAA). Includes language allowing 
for fees and donations received by the National Ocean Service 
for the management of national marine sanctuaries be retained 
and used for the salaries and expenses associated with those 
activities. Includes language authorizing the Administrator of 
NOAA to engage in education activities related to the agency's 
goals. Includes language authorizing transfer. Includes 
language providing a breakdown of resources by appropriation, 
transfers, and recoveries.
    Includes language making any deviations from specific 
activity amounts provided in the report or the use of 
deobligated funds subject to section 505. Includes language 
providing resources for the Retired Serviceman's Family 
Protection and Survivor Benefits Plan, and for payments under 
the Dependents Medical Care Act.
    National Academy of Science, Climate Change Study Committee 
includes language providing resources to support an agreement 
between NOAA and the National Academy of Sciences to establish 
a Climate Change Study Committee to investigate issues relating 
to global climate change.
    National Oceanic and Atmospheric Administration, 
Procurement, Acquisition and Construction includes language 
providing for the procurement, acquisition and construction of 
capital assets, including alteration and modification costs, of 
the National Oceanic and Atmospheric Administration. Includes 
language requiring that funds provided for the National Polar-
orbiting Operational Environmental Satellite System be 
available on a dollar for dollar matching basis with funds 
provided for the same purpose by the Department of Defense. 
Includes language authorizing the Department of Defense to 
delegate procurement functions related to the National Polar-
orbiting Operational Environmental Satellite System to 
officials of the Department of Commerce. Includes language 
making any deviations from specific activity amounts provided 
in the report or the use of deobligated funds subject to 
section 505.
    National Oceanic and Atmospheric Administration, Pacific 
Coastal Salmon Recovery includes language providing resources 
for expenses associated with the restoration of Pacific salmon 
populations. Includes language regarding restoration of salmon 
and steelhead populations. Includes language regarding the 
requirement of matching funds. Includes language noting that 
non-Federal funds provided pursuant to the second proviso be 
used in direct support of this program.
    National Oceanic and Atmospheric Administration, Coastal 
Zone Management Fund includes language regarding collections.
    National Oceanic and Atmospheric Administration, Fisheries 
Finance Program Account includes language regarding limitations 
placed on direct loans.
    Departmental Management, Salaries and Expenses includes 
language providing resources for official entertainment.
    HCHB Renovation and Modernization includes language 
providing resources for the renovation and modernization of the 
Herbert C. Hoover building.
    National Intellectual Property Law Enforcement Coordination 
Council includes language providing resources available until 
expended.

               General Provisions--Department of Commerce

    Section 101 of the bill making Department of Commerce funds 
available for advanced payments only upon certification of 
officials designated by the Secretary that such payments are 
considered to be in the public interest;
    Section 102 making appropriations for the Department for 
Salaries and Expenses available for hire of passenger motor 
vehicles, and for services, uniforms and allowances as 
authorized by law;
    Section 103 providing the authority to transfer funds 
between Department of Commerce appropriation accounts and 
requiring notification to the Committee of certain actions;
    Section 104 providing that any costs incurred by the 
Department in response to funding reductions shall be absorbed 
within the total budgetary resources available to the 
Department and shall not be subject to the reprogramming 
limitations set forth in this Act;
    Section 108 regarding a personnel demonstration project; 
and

                    TITLE II--DEPARTMENT OF JUSTICE

    General Administration includes language specifying funds 
and workyears for the Department Leadership, Office of 
Legislative Affairs, and Office of Public Affairs.
    Justice Information Sharing Technology includes language 
specifying funds for the unified financial management system.
    Tactical Law Enforcement Wireless Communications modifies 
the name of the account, and includes language regarding the 
Integrated Wireless Network and Land Mobile Radio legacy 
systems. Includes language regarding transfers.
    Administrative Review and Appeals, language is included 
transferring funds from the Department of Homeland Security.
    Detention Trustee includes language that the Trustee shall 
be responsible for managing the Justice Prisoner and Alien 
Transportation System. Specifies funds for State and local law 
enforcement assistance.
    Office of Inspector General includes a limitation for 
unforeseen emergencies of a confidential character.
    Legal Activities includes language providing funds for 
collecting evidence and rent of private or Government-owned 
space in the District of Columbia. Includes a limitation for 
litigation support contracts and makes these funds available 
until expended. Specifies a limitation for the United States 
National Central Bureau, INTERPOL, for official reception and 
representation expenses. Includes language permitting transfers 
for emergency circumstance.
    Antitrust Division includes language regarding fees from 
offsetting collections.
    United States Attorneys includes language regarding 
reception and representation expenses. Makes funds available 
until expended.
    United States Trustee System Fund includes language making 
funds available until expended and language regarding deposits 
to the fund.
    United States Marshals Service Salaries and Expenses 
includes language regarding reception and representation 
expenses and language designating funding for certain 
equipment.
    United States Marshals Service Construction includes 
language making funds available until expended.
    Fees and Expenses of Witnesses includes language regarding 
expenses for expert witnesses, for private counsel, for foreign 
counsel to remain available until expended. Includes language 
limiting construction of witness safesites and vehicles for 
security caravans, and for equipment.
    Community Relations Service includes language regarding 
transfers for emergency circumstances.
    National Security Division includes language for the 
activities of the National Security Division and includes 
language providing funds for information technology systems and 
includes language regarding transfers for emergency 
circumstances.
    Interagency Law Enforcement includes language making funds 
available for the identification, investigation, and 
prosecution of individuals associated with the most significant 
drug trafficking and affiliated money laundering organizations 
including inter-governmental agreements with State and local 
law enforcement agencies engaged in the investigation and 
prosecution of individuals involved in organized crime drug 
trafficking. Includes language that funds may be used by the 
organizations reimbursed according to their own authority.
    Federal Bureau of Investigation Salaries and Expenses 
includes language making an amount available until expended, 
language making funds available for counterterrorism 
investigations, foreign counterintelligence, and national 
security. Includes language regarding funding for official 
reception and representation.
    Federal Bureau of Investigation Construction includes 
language making funds available to construct or acquire 
buildings and sites by purchase, for conversion and extension 
of Federally-owned buildings; and preliminary planning and 
design of projects; Includes language making funds available 
until expended and specifies funds for a permanent central 
records complex.
    Drug Enforcement Administration includes language limiting 
funds for emergencies of a confidential character pursuant, 
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; purchase of passenger motor 
vehicles, and language regarding official reception and 
representation expenses. Includes language making an amount 
available until expended.
    Bureau of Alcohol, Tobacco, Firearms and Explosives 
includes language providing funds for vehicles for police-type 
use, 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. Includes language limiting funds 
available for the payment of attorneys' fees available until 
expended. Includes language prohibiting funds 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, and prohibits funds 
for administrative expenses or the compensation of any officer 
or employee of the United States to implement an amendment or 
amendments to 27 CFR 478.118 or to change the definition of 
`Curios or relics' in 27 CFR 478.11 or remove any item from ATF 
publication 5300.11 as it existed on January 1, 1994. Includes 
language prohibiting funds to investigate or act upon 
applications for relief from Federal firearms disabilities 
under 18 U.S.C. 925(c). Prohibits funds to transfer the 
functions, missions, or activities of the Bureau of Alcohol, 
Tobacco, Firearms and Explosives to other agencies or 
Departments. Prohibits funds to disclose contents of the 
Firearms Trace System database except to a Federal, State, 
local, tribal, or foreign law enforcement agency or a Federal, 
State, or local prosecutor. Prohibits funds to electronically 
retrieve information; gathered pursuant to 18 U.S.C. 923(g)(4) 
by name or any personal identification and 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.
    Federal Prison System, Salaries and Expenses includes 
language making funds available for administration, operation, 
and maintenance of Federal penal and correctional institutions, 
including purchase and hire of motor vehicles and the provision 
of technical assistance and advice on corrections related 
issues to foreign governments. Includes language authorizing 
the transfers to the Health Resources and Services 
Administration. Includes language authorizing contracts with a 
fiscal agent/fiscal intermediary claims processor. Includes 
language making funds available for official reception and 
representation expenses. Includes language making funds 
available for two years. Includes language specifying an amount 
available until expended for payments in advance for grants, 
contracts and reimbursable agreements, and other expenses for 
the care and security in the United States of Cuban and Haitian 
entrants. Includes language authorizing the Director to accept 
donated property and services.
    Federal Prison System Buildings and Facilities includes 
language making funds available for modernization, maintenance 
and repair, available until expended. Includes language 
specifying an amount to construct inmate work areas. Includes 
language that prisoners may perform work under this account.
    Federal Prison Industries, Incorporated, includes language 
making funds available for administrative expenses, and for 
services, to be computed on an accrual basis to be determined 
in accordance with the corporation's current prescribed 
accounting system, exclusive of depreciation, payment of 
claims, and expenditures, including selling and shipping 
expenses, and expenses in connection with acquisition, 
construction, operation, maintenance, improvement, protection, 
or disposition of facilities and other property.
    Office on Violence Against Women, Violence Against Women 
Prevention includes language making funds available for grants, 
contracts, cooperative agreements, and other assistance for the 
prevention and prosecution of violence against women. Includes 
language specifying amounts for administrative costs, to remain 
available until expended for the court-appointed special 
advocate program, the child abuse training programs for 
judicial personnel and practitioners, for grants to combat 
violence against women, for transitional housing assistance 
grants for victims of domestic violence, stalking or sexual 
assault, for the National Institute of Justice, for grants to 
encourage arrest policies, for sexual assault victims, for 
rural domestic violence and child abuse enforcement assistance 
grants, for training programs, for related local demonstration 
projects, for grants to improve the stalking and domestic 
violence databases, for grants to reduce violent crimes against 
women on campus, for legal assistance for victims, for 
enhancing protection for older and disabled women from domestic 
violence and sexual assault, for the safe havens for children 
program, for education and training to end violence against and 
abuse of women with disabilities, and for engaging men and 
youth in prevention programs.
    Office of Justice Programs, Justice Assistance, includes 
language making funds available for grants, contracts, 
cooperative agreements, and other assistance, including 
salaries and expenses. Includes language making funds available 
until expended. Includes language specifying an amount for 
management and administration.
    State and Local Law Enforcement Assistance includes 
language specifying funds available for 2008 Presidential 
Conventions security, for the National Institute of Justice in 
assisting units of local government to identify, select, 
develop, modernize, and purchase new technologies for use by 
law enforcement, for the Southwest Border Prosecutor Initiative 
to reimburse State, county, parish, tribal, or municipal 
governments only for costs associated with the prosecution of 
criminal cases declined by local offices of the United States 
Attorneys, for a prescription drug monitoring program; for 
transfer to the National Prison Rape Elimination Commission for 
authorized activities, 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; for assistance to Indian 
tribes, and for a capital litigation improvement grant program. 
Includes language that if a unit of local government uses any 
of the funds made available under this title to increase the 
number of law enforcement officers, the unit of local 
government will achieve a net gain in the number of law 
enforcement officers who perform nonadministrative public 
safety service.
    Community Oriented Policing Services includes language 
limiting funds available for the Office of Justice Programs for 
reimbursable services associated with programs administered by 
the Community Oriented Policing Services Office. Includes 
language that deobligations shall only be available in 
accordance with section 505. Includes language specifying the 
amounts available for the matching grant program for armor 
vests for law enforcement officers, for grants to address 
public safety and methamphetamine manufacturing, sale, and use 
in hot spots, for law enforcement technologies and 
interoperable communications, to upgrade criminal records, for 
a DNA analysis and capacity enhancement program and establishes 
a minimum for reducing and eliminating the backlog of DNA 
samples and for increasing State and local DNA laboratory 
capacity, for improving tribal law enforcement, including 
equipment and training, for programs to reduce gun crime and 
gang violence; for training and technical assistance, for the 
Office of Weed and Seed Strategies, for management and 
administration, and for hiring and rehiring of additional 
career law enforcement officers.
    Juvenile Justice Programs includes language making funds 
available for grants, contracts, cooperative agreements, and 
other assistance, including salaries and expenses to be 
transferred to Justice Assistance. Includes language 
identifying the amount available for concentration of Federal 
efforts, for State and local programs, including training and 
technical assistance to assist small, for nonprofit 
organizations with the Federal grants process, for youth 
mentoring grants, for delinquency prevention, for the Tribal 
Youth Program; for a gang resistance education and training 
program, for grants to each State and 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, for technical 
assistance and training, for the Secure Our Schools Act, for 
programs authorized by the Victims of Child Abuse Act of 1990; 
and for the Juvenile Accountability Block Grants program. 
Includes language limiting to 10 percent the amount that may be 
used for research, evaluation, and statistics activities. 
Includes language limiting to two percent the amount that may 
be used for training and technical assistance. Exempts 
demonstration projects from the 10 and two percent limitations.
    Public Safety Officers Benefits includes language making 
funds available for educational assistance.

               General Provisions--Department of Justice

    Section 201, language regarding reception and 
representation expenses.
    Section 202 prohibits the use of funds to perform abortions 
in the Federal Prison System.
    Section 203 prohibits the use of the funds to require any 
person to perform, or facilitate the performance of, an 
abortion.
    Section 204 provides that nothing in the previous section 
removes the obligation of the Director of the Bureau of Prisons 
to provide escort services to female inmates who seek to obtain 
abortions outside a Federal facility.
    Section 205 modified from the request, provides for the 
Committee's policy for transfers subject to the Committee's 
reprogramming procedures, that not to exceed 5 percent may be 
transferred between any appropriation, but limits to 10 percent 
the amount that can be transferred into any one appropriation.
    Section 206 provides for the extension of the Personnel 
Management Demonstration Project for certain positions of the 
Bureau of Alcohol, Tobacco, Firearms and Explosives, as 
requested.
    Section 207 provides language extending section 102(b) of 
Public Law 102-395 to the Bureau of Alcohol, Tobacco, Firearms 
and Explosives, as requested.
    Section 208 provides language prohibiting funds from being 
used to transport prisoners classified as a maximum or high 
security prisoner to a facility other than a prison or other 
facility certified by the Federal Bureau of Prisons as 
appropriately secure for housing such a prisoner.
    Section 209, prohibits certain prisoner amenities.
    Section 210, prohibits the use of funds for SENTINEL or 
other major new or enhanced information technology programs 
unless the Deputy Attorney General and the Department IT 
Investment Review Board certify to the Committees on 
Appropriations that the information technology program has 
appropriate contractor oversight mechanisms in place, and that 
the program is compatible with the enterprise architecture of 
the Department of Justice.
    Section 213 prohibits A-76 competitions.

                           TITLE III--SCIENCE

    Office of Science and Technology Policy, includes language 
making funds available for hire of passenger motor vehicles, 
official reception and representation expenses, and rental of 
conference rooms in the District of Columbia.
    National Aeronautics and Space Administration, Science, 
includes language specifying funds for science research and 
development; maintenance; construction; environmental 
compliance and restoration, space flight, spacecraft control 
and communications activities; program management; personnel 
and related costs, including uniforms or allowances; travel; 
purchase and hire of passenger motor vehicles; official 
reception and representation expenses; and purchase lease, 
charter, maintenance, and operation of mission and 
administrative aircraft, with specific amounts for the Hubble 
Space Telescope, the James Webb Space Telescope, Global 
Precipitation Measurement mission, the Mars Exploration Program 
and the Space Interferometry mission, to remain available until 
September 30, 2009.
    National Aeronautics and Space Administration, Aeronautics, 
includes language making funds available for aeronautics 
research and development; maintenance; construction; 
environmental compliance and restoration, space flight, 
spacecraft control and communications activities; program 
management; personnel and related costs, including uniforms or 
allowances; travel; purchase and hire of passenger motor 
vehicles; official reception and representation expenses; and 
purchase lease, charter, maintenance, and operation of mission 
and administrative aircraft, to remain available until 
September 30, 2009.
    National Aeronautics and Space Administration, Exploration, 
includes language making funds available for exploration 
research and development; maintenance; construction; 
environmental compliance and restoration, space flight, 
spacecraft control and communications activities; program 
management; personnel and related costs, including uniforms or 
allowances; travel; purchase and hire of passenger motor 
vehicles; official reception and representation expenses, and 
purchase lease, charter, maintenance, and operation of mission 
and administrative aircraft, to remain available until 
September 30, 2009. Language includes a prohibition on use of 
funds for human exploration of Mars.
    National Aeronautics and Space Administration, Education, 
includes language making funds available for aerospace and 
aeronautical education, including personnel and related costs, 
uniforms or allowances, travel expenses, purchase and hire of 
passenger motor vehicles; official reception and representation 
expenses, purchase, lease, charter, maintenance, and operation 
of mission and administrative aircraft, to remain available 
until September 30, 2009.
    National Aeronautics and Space Administration, Cross-Agency 
Support Programs, includes language making funds available for 
the conduct and support of science, aeronautics and exploration 
research and development activities, including; maintenance; 
construction; environmental compliance and restoration, space 
flight, spacecraft control and communications activities; 
program management; personnel and related costs, including 
uniforms or allowances; travel; purchase and hire of passenger 
motor vehicles; official reception and representation expenses; 
and purchase lease, charter, maintenance, and operation of 
mission and administrative aircraft, to remain available until 
September 30, 2009.
    National Aeronautics and Space Administration, Space 
Operations, includes language making funds available for the 
conduct and support of space operations research and 
development; maintenance; construction; environmental 
compliance and restoration, space flight, spacecraft control 
and communications activities; program management; personnel 
and related costs, including uniforms or allowances; travel; 
purchase and hire of passenger motor vehicles; official 
reception and representation expenses; and purchase lease, 
charter, maintenance, and operation of mission and 
administrative aircraft, to remain available until September 
30, 2009.
    National Aeronautics and Space Administration, Office of 
Inspector General, includes language making funds available 
until September 30, 2009.
    National Aeronautics and Space Administration, 
Administrative provisions, includes language: making funds 
available until expended for activity initiated by the 
incurrence of obligations for construction of facilities or 
environmental compliance and restoration activities except 
institutional minor revitalization and construction of 
facilities and planning and design. Includes language making 
funds announced for prizes available until the prize is claimed 
or the offer is withdrawn. Includes language prohibiting funds 
for Centennial Challenges unless authorized, modifying 
reprogramming procedures, and extending the deadline for a 
moratorium on Reductions in Force. Includes language that 
certain funding shall be governed by the language in the 
report. Includes language requiring a strategy on job losses 
related to the transition from Space Shuttle to the Crew 
Exploration Vehicle.
    National Science Foundation, Research and Related 
Activities, includes language making funds available until 
September 30, 2009 for maintenance and operation of aircraft 
and purchase of flight services for research support; 
acquisition of aircraft and authorized travel. Includes 
language making available until expended funds for polar 
research and operations support and reimbursement to other 
Federal agencies for operational and science support and 
logistical and other related activities for the United States 
Antarctic program; and providing 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.
    National Science Foundation, Major Research Equipment and 
Facilities Construction, includes language making funds 
available until expended for acquisition, construction, 
commissioning, and upgrading of major research equipment, 
facilities, and other such capital assets, including authorized 
travel.
    National Science Foundation, Education and Human Resources, 
includes language making funds available until September 30, 
2009 for science and engineering education and human resources 
programs, including services, authorized travel, and rental of 
conference rooms in the District of Columbia.
    National Science Foundation, Agency Operations and Award 
Management, includes language making funds available for hire 
of passenger motor vehicles; officialreception and 
representation expenses; uniforms or allowances; rental of conference 
rooms in the District of Columbia; and reimbursement of the General 
Services Administration for security guard services; and allowing that 
contracts entered in fiscal year 2008 for maintenance and operation of 
facilities and other services may be provided during the next fiscal 
year.
    National Science Foundation, Office of the National Science 
Board, includes language making funds available until September 
30, 2009, for authorized travel; hire of passenger motor 
vehicles; rental of conference rooms in the District of 
Columbia; official reception and representation expenses; and 
the employment of experts and consultants.
    National Science Foundation, Office of Inspector General, 
includes language making funds available until September 30, 
2009.

                       TITLE IV--RELATED AGENCIES

    Commission on Civil Rights, includes language making funds 
available for hire of passenger motor vehicles. Language 
includes a limitation on the use of funds to employ individual 
under Schedule C of the Excepted Service, and for reimbursement 
of Commissioners.
    Equal Employment Opportunity Commission, includes language 
making funds available for hire of passenger motor vehicles; 
nonmonetary awards to private citizens; official reception and 
representation expenses. Language includes a prohibition on 
outsourcing operations of a call center.
    International Trade Commission, includes language making 
funds available until expended, including for hire of passenger 
motor vehicles and official reception and representation 
expenses.
    Legal Services Corporation, includes language making funds 
available for basic field programs and independent audits, the 
office of inspector general, management administration; client 
self-help and information technology and loan repayment 
assistance. Language includes a limitation on the expenditure 
of funds.
    National Veterans Business Development Corporation, 
includes language making funds available until expended.
    United States Trade Representative, includes language 
making funds available for hire of passenger motor vehicles, 
official reception and representation expenses and the 
employment of experts and consultants, of which certain amounts 
are available until expended. Includes language directing that 
US negotiations at WTO shall be consistent with the Bipartisan 
Trade Promotion Act of 2002.
    State Justice Institute, includes language making funds 
available for official reception and representation expenses.

                      TITLE V--GENERAL PROVISIONS

    Section 501 prohibits any appropriation contained in the 
Act from being used for publicity or propaganda purposes not 
authorized by the Congress.
    Section 502 prohibits any appropriation contained in the 
Act from remaining available for obligation beyond the current 
fiscal year unless explicitly provided.
    Section 503 provides that the expenditure of any 
appropriation contained in the Act for any consulting service 
through procurement contracts 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.
    Section 504 provides that if any provision of the Act or 
the application of such provision to any person or circumstance 
shall be held invalid, the remainder of the Act and the 
application of such provisions to persons or circumstances 
other than those to which it is held invalid shall not be 
affected.
    Section 505 provides for the Committee's policy concerning 
the reprogramming of funds. Section 505(a) prohibits the 
reprogramming of funds which: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds 
or personnel by any means for any project or activity for which 
funds have been denied or restricted; (4) relocates offices or 
employees; (5) reorganizes or renames offices; (6) reorganizes 
programs, or activities; or (7) contracts out or privatizes any 
function or activity presently performed by Federal employees 
unless the Appropriations Committees of both Houses of Congress 
are notified 15 days in advance. Section 505(b) prohibits a 
reprogramming of funds in excess of $750,000 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 
Appropriations Committees of both Houses of Congress are 
notified 15 days in advance. The Committee has again included 
carryover funds under the requirements of section 505 to 
clarify that agencies must follow reprogramming procedures with 
respect to carryover funds.
    Section 506, proposed for deletion in the budget request, 
prohibits funds from being used to implement, administer, or 
enforce any guidelines of the Equal Employment Opportunity 
Commission covering harassment based on religion similar to 
proposed guidelines published by the EEOC in October 1993.
    Section 507 provides that if it is determined that any 
person intentionally affixes a ``Made in America'' label to any 
product that was not made in America that person shall not be 
eligible to receive any contract or subcontract with funds made 
available in this Act.
    Section 508, proposed for deletion in the budget request, 
requires quarterly reporting to Congress of unobligated 
balances that were received during any previous fiscal year.
    Section 509 provides that any closing or downsizing costs 
incurred by a department or agency funded under this Act 
resulting from funding reductions in the Act shall be absorbed 
within the budgetary resources available to the Department or 
agency, and provides transfer authority between appropriation 
accounts to carry out the provision, subject to reprogramming 
procedures.
    Section 510, proposed for deletion in the budget request, 
prohibits funds made available in this Act from being used to 
promote the sale or export of tobacco or tobacco products or to 
seek the reduction or removal of foreign restrictions on the 
marketing of tobacco products, provided that such restrictions 
are applied equally to all tobacco products or tobacco products 
of the same type. This provision is not intended to impact 
routine international trade services provided to all U.S. 
citizens, including the processing of applications to establish 
foreign trade zones.
    Section 511 prohibits funds made available in this Act from 
being used to implement a Federal user fee for background 
checks conducted pursuant to the Brady Handgun Control Act of 
1993, or to implement a background check system that does not 
require and result in the destruction of certain information 
within 24 hours.
    Section 512, modified from the request, delays the 
obligations of any receipts deposited into the Crime Victims 
Fund in excess of $625,000,000 until October 1, 2008. This 
language is continued to ensure a stable source of funds will 
remain available for the program, despite inconsistent levels 
of criminal fines deposited annually into the fund. Requested 
language rescinding the remaining balances in the Crime Victims 
Fund is not included.
    Section 513 prohibits the use of Department of Justice 
funds for programs that discriminate against or denigrate the 
religious beliefs of students participating in such programs.
    Section 514, proposed for deletion in the budget request, 
prohibits the transfer of funds in the Act to any department or 
agency of the United States Government, except for transfers 
made under authorities provided in this, or any other 
appropriations Act.
    Section 515, proposed for deletion in the budget request, 
provides that funds provided for E-Government Initiatives shall 
be subject to the procedures set forth in section 505 of this 
Act.
    Section 516, proposed for deletion in the budget request, 
requires the Bureau of Alcohol, Tobacco, Firearms and 
Explosives to include specific language in any release of 
tracing study data that makes clear that trace data cannot be 
used to draw broad conclusions about firearms-related crime.
    Section 517 prohibits the use of funds to process patents 
of human organisms. The Committee concurs with the intent of 
this provision as expressed in the colloquy between the 
provision's sponsor in the House and the Ranking Minority 
Member of the House Committee on Appropriations as occurred on 
July 22, 2003, with respect to any existing patents on stem 
cells.
    Section 518, proposed for deletion, prohibits the use of 
funds in this Act to be used to support or justify torture by 
any official or contract employee of the United States 
Government.
    Section 519, proposed for deletion in the budget request, 
prohibits the use of funds in this Act to require certain 
export licenses.
    Section 520, proposed for deletion in the budget request, 
prohibits the use of funds in this Act to deny certain import 
applications regarding ``curios or relics'' firearms, parts, or 
ammunition.
    Section 521, proposed for deletion in the budget request, 
prohibits the use of funds to include certain language in trade 
agreements.
    Section 523, prohibits the use of funds to conduct, 
support, obtain order for, or make use of information obtained 
through the conduct electronic surveillance in the United 
States unless such electronic is authorized under the Foreign 
Intelligence Surveillance Act.
    Section 524 regarding the use of funding in the bill to be 
used to implement a revision to OMB A-76 circular made on May 
29, 2003.
    Section 528 prohibits the use of funds to contract with an 
entity that does not participate in the Basic Pilot Program of 
the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996.

                  Appropriations Not Authorized by Law

    Pursuant to clause 3(f)(1) of rule XIII of the Rules of the 
House of Representatives, the following table lists the 
appropriations in the accompanying bill which are not 
authorized by law:


----------------------------------------------------------------------------------------------------------------
                                                                                  Appropriations
                                                     Last year of  Authorization   in last year   Appropriations
                  Agency/program                    authorization      level            of         in this bill
                                                                                   authorization
----------------------------------------------------------------------------------------------------------------
          TITLE I--DEPARTMENT OF COMMERCE

International Trade Administration................           1996      such sums  ..............        430,431
Bureau of Industry and Security...................           2001      such sums  ..............         78,776
Minority Business Development Agency..............  .............  .............  ..............         31,225
National Telecommunications and Information                  1993         19,400         39,790          40,309
 Administration...................................
National Institute of Standards and Technology....           1993        393,500        678,876         831,201
National Oceanic and Atmospheric Administration...        various  .............  ..............      3,950,479

          TITLE II--DEPARTMENT OF JUSTICE

Administration Review and Appeals.................           2009         43,291  ..............        251,499
Vaccine Injury Compensation Trust Fund (permanent)           1992          4,058          6,333           6,833
Foreign Claims Settlement Commission..............           2009          1,429  ..............          1,709
National Security Division........................            n/a            n/a            n/a          78,056
Construction of Witness Safesites.................           2009          8,000         10,000          10,000
Federal Bureau of Investigation, S&G..............           2009      6,480,608  ..............      6,498,111
Federal Bureau of Investigation, Construction.....           2009          1,250  ..............         33,191
Office of Violence Against Women Programs:
    Training for Judicial Pesonal.................           2005          2,300          1,925           3,000
    Training Programs.............................           2011  .............  ..............          6,000
Office of Justice Programs:
    Justice Assistance:
        National Institute of Justice.............           1995         33,000         58,879          60,000
        Bureau of Justice Statistics..............           1995         33,000         32,335           45,00
        State Automated Victim Notification.......  .............  .............          8,885          10,000
        Justice for All...........................  .............  .............  ..............          2,000
        Economic, High-tech and Cyber Crime         .............  .............          8,885          10,000
         Prevention...............................
        Regional Information Sharing..............           2003        100,000         29,000          50,000
        Management and Administration.............           2003        215,811         38,000          11,600
    State and Local Law Enforcement Assistance:
        Tribal Prison Construction................          20000            n/a          5,000          12,000
        Indian Tribal Courts......................           2004          8,000          7,898          12,000
        Indian Alcohol and Substance Abuse Grants.  .............          5,000          4,936           7,000
        Southwest Border Prosecutors..............  .............  .............         26,617          30,000
        Byrne Grants (discretionary)..............  .............  .............  ..............        124,500
        Missing Alzheimers Patients...............           1998            900            898           1,000
        Assistance for Victims of Trafficking.....           2005         10,000         10,000          15,000
        Prescription Drug Monitoring..............  .............  .............          7,404           7,500
        Intelligence Sharing......................  .............  .............  ..............          5,000
        Capital Litigation........................  .............  .............  ..............          1,000
Community Oriented Policing Service\1\
    COPS Hiring Program...........................  .............  .............  ..............        100,000
    Violent Gang and Gun Crime Reduction..........  .............  .............  ..............         80,000
    Tribal Law Enforcement........................  .............  .............  ..............         18,000
    COPS Law Enforcement Technology and             .............  .............  ..............        128,000
     Interoperability.............................
    Criminal Records Upgrade......................           2007        250,000          9,873          12,000
    DNA Backlog Reduction/Crime Labs..............  .............  .............  ..............        175,000
    Offender Reentry..............................           2005         16,000         10,000          15,000
    Training and Technical Assistance.............  .............  .............  ..............          4,000
Juvenile Justice Programs:
    Part A--Coordination of Federal Efforts--                2007          6,832            703             725
     Management...................................
    Part B--State Formula--Delinquency Prevention.           2007         88,804         78,978          81,175
    Part E--Challenge Grants--Demonstration                  2007  .............        104,674          53,000
     Projects.....................................
    Youth Mendoring Grants........................  .............  .............  ..............        100,000
    Tribal Youth..................................  .............  .............  ..............         17,500
    Gang Prevention...............................           1996  .............  ..............         25,000
    Victims of Child Abuse Programs...............           2005  .............  ..............         15,000

                TITLE III--SCIENCE

National Science Foundation--Research.............           2007      9,839,262      6,020,012       5,072,690
National Aeronatics and Space Administration--               2006  .............         12,000          15,500
 EFSCOR...........................................

            TITLE IV--RELATED AGENCIES

Commission on Civil Rights........................           1995          9,500          9,096           9,000
International Trade Commission....................           2004         57,240  ..............         68,400
Payment to the Legal Services Corporation.........           1980      such sums        300,000         377,000
Marine Mammal Commission..........................           1999          1,750          1,890           3,000
Office of the U.S. Trade Representative...........           2004         33,108  ..............         48,407
----------------------------------------------------------------------------------------------------------------
\1\The office of Community Oriented Policing Services is authorized through 2009 as a single grant progam at
  $1,047,000,000, which does not directly correspond to the account structure in this Act.

                           Transfer of Funds

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, language is included transferring 
unexpended balances as follows:
    Under Coastal Zone Management Fund, language is included 
transferring balances to the Operations, Research and 
Facilities account.
    Under Department of Commerce, General Provisions, language 
is included making funds available for transfer for certain 
purposes.
    Under National Aeronautics and Space Administration, 
language is included allowing transfer of certain balances.
    Under Title V General Provisions, language is included 
making funds available for transfer for certain purposes.

                              RESCISSIONS

    Pursuant to clause 3(f)(2) of rule XIII of the Rules of the 
House of Representatives, the following table is submitted 
describing the rescissions recommended in the accompanying 
bill:

Department of Commerce..................................     $41,848,000
Department of Justice...................................     $86,000,000
Department of Justice, General Administration, Working 
    Capital Fund........................................     $41,000,000
Department of Justice, Detention Trustee................    $135,000,000
Department of Justice, Legal Activities, Assets 
    Forfeiture Fund.....................................    $240,000,000
Department of Justice, Office of Justice Programs.......     $87,500,000
Department of Justice, Office of Justice Programs, 
    Community Oriented Policing Services................     $87,500,000
Department of Justice, Office of Justice Programs, 
    Community Oriented Policing Services................     $10,278,000
National Aeronautics and Space Administration...........     $69,832,000
National Science Foundation.............................     $24,000,000

                 Comparison With the Budget Resolution

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives requires an explanation of compliance with 
section 308(a)(1)(A) of the Congressional Budget and 
Impoundment Control Act of 1974 (Public Law 93-344), as 
amended, which requires that the report accompanying a bill 
providing new budget authority contain a statement detailing 
how that authority compares with the reports submitted under 
section 302 of the Act for the most recently agreed to 
concurrent resolution on the budget for the fiscal year from 
the Committee's section 302(a) allocation.

                        [In millions of dollars]
------------------------------------------------------------------------
                                                 Section
                                                 302(b)      Recommended
                                               allocation   in this bill
------------------------------------------------------------------------
Budget Authority:
    Mandatory...............................           234           234
    Discretionary...........................        53,551        53,551
                                             ---------------------------
        Total Budget Authority..............        53,785        53,785
                                             ===========================
Outlays:
    Mandatory...............................           225           225
    Discretionary...........................        55,318        54,346
                                             ---------------------------
        Total Outlays.......................        55,543        54,571
------------------------------------------------------------------------

                      Five-Year Outlay Projections

    In compliance with section 308(a)(1)(B) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the following table contains 
five-year projections associated with the budget authority 
provided in the accompanying bill:

                        Fiscal year 2008 outlays

                        [In millions of dollars]

Budget Authority........................................          53,785
Outlays:
    2008................................................          34,137
    2009................................................          14,083
    2010................................................           4,008
    2011................................................           1,965
    2012................................................             932

               Assistance to State and Local Governments

    In accordance with section 308(a)(1)(C) of the 
Congressional Budget and Impoundment Control Act of 1974 
(Public Law 93-344), as amended, the financial assistance to 
State and local governments is as follows:

                                                                Millions
FY 2008 new budget authority............................           1,885
FY 2008 outlays resulting therefrom.....................             193

                        Constitutional Authority

    Clause 3(d)(1) of rule XIII of the Rules of the House of 
Representatives states that:

          Each report of a committee on a bill or joint 
        resolution of a public character shall include a 
        statement citing the specific powers granted to the 
        Congress in the Constitution to enact the law proposed 
        by the bill or joint resolution.

          The Committee on Appropriations bases its authority 
        to report this legislation from Clause 7 of Section 9 
        of Article I of the Constitution of the United States 
        of America, which states:

    No money shall be drawn from the Treasury but in 
consequence of Appropriations made by law. * * *

    Appropriations contained in this Act are made pursuant to 
this specific power granted by the Constitution.

         Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII of the Rules of the 
House of Representatives, the following is a statement of 
general performance goals and objectives for which this measure 
authorizes funding:
    The Committee on Appropriations considers program 
performance, including a program's success in developing and 
attaining outcome-related goals and objectives in developing 
funding recommendations.

          Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman).

         NORTH AMERICAN FREE TRADE AGREEMENT IMPLEMENTATION ACT

(19 U.S.C. 3315)

           *       *       *       *       *       *       *


  TITLE I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE NORTH 
AMERICAN FREE TRADE AGREEMENT

           *       *       *       *       *       *       *


SEC. 105. UNITED STATES SECTION OF THE NAFTA SECRETARIAT.

  (a) * * *
  (b) Authorization of Appropriations.--There are authorized to 
be appropriated for each fiscal year after fiscal year 1993 to 
the department or agency within which the United States Section 
is established the lesser of--
          (1) * * *

           *       *       *       *       *       *       *

for the establishment and operations of the United States 
Section and for the payment of the United States share of the 
expenses, including food when sequestered, of binational panels 
and extraordinary challenge committees convened under chapter 
19, and of the expenses incurred in dispute settlement 
proceedings under chapter 20, of the Agreement.

           *       *       *       *       *       *       *

                              ----------                              


                 CONSOLIDATED APPROPRIATIONS ACT, 2005

(Public Law 108-447)

           *       *       *       *       *       *       *


DIVISION B--DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE JUDICIARY, 
AND RELATED AGENCIES APPROPRIATIONS ACT, 2005

           *       *       *       *       *       *       *


TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

           *       *       *       *       *       *       *


General Provisions--Department of Commerce

           *       *       *       *       *       *       *


  Sec. 214. Establishment of the Ernest F. Hollings Scholarship 
Program. (a) Establishment.--The Administrator of the National 
Oceanic and Atmospheric Administration shall establish and 
administer the Ernest F. Hollings Scholarship Program. Under 
the program and subject to subsection (f), the Administrator 
shall award scholarships in oceanic and atmospheric science, 
research, technology, and education to be known as Ernest F. 
Hollings Scholarships.

           *       *       *       *       *       *       *

  [(f) Funding.--Of the total amount appropriated for fiscal 
year 2005 and annually hereafter to the National Oceanic and 
Atmospheric Administration, the Administrator shall make 
available for the Ernest F. Hollings Scholarship program one-
tenth of 1 percent of such appropriations.]
  (f) Funding.--There are authorized to be appropriated to 
carry out the provisions of this section, up to $4,000,000 
annually.

           *       *       *       *       *       *       *

                              ----------                              


           SECTION 318 OF THE NATIONAL MARINE SANCTUARIES ACT

SEC. 318. DR. NANCY FOSTER SCHOLARSHIP PROGRAM.

  (a) Establishment.--The Secretary shall establish and 
administer through the National Ocean Service the Dr. Nancy 
Foster Scholarship Program. Under the program and subject to 
subsection (e), the Secretary shall award graduate education 
scholarships in oceanography, marine biology or maritime 
archeology, to be known as Dr. Nancy Foster Scholarships.

           *       *       *       *       *       *       *

  [(e) Funding.--Of the amount available each fiscal year to 
carry out this title, the Secretary shall award 1 percent as 
Dr. Nancy Foster Scholarships.]
  (e) Funding.--There are authorized to be appropriated to the 
Secretary of Commerce up to $500,000 annually, to carry out the 
provisions of this section.

           *       *       *       *       *       *       *

                              ----------                              


    SECTION 210 OF THE DEPARTMENT OF COMMERCE AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2001

  [Sec. 210. (a) The Secretary of Commerce shall establish and 
administer through the National Ocean Service the Dr. Nancy 
Foster Scholarship Program. Under the program, the Secretary 
shall award graduate education scholarships in marine biology, 
oceanography, or maritime archaeology, including the curation, 
preservation, and display of maritime artifacts, to be known as 
``Dr. Nancy Foster Scholarships''.
  [(b) The purpose of the Dr. Nancy Foster Scholarship Program 
is to recognize outstanding scholarship in marine biology, 
oceanography, or maritime archaeology, particularly by women 
and members of minority groups, and encourage independent 
graduate level research in such fields of study.
  [(c) Each Dr. Nancy Foster Scholarship award--
          [(1) shall be used to support a candidate's graduate 
        studies in marine biology, oceanography, or maritime 
        archaeology at a sponsoring institution; and
          [(2) shall be made available to individual candidates 
        in accordance with guidelines issued by the Secretary.
  [(d) The amount of each Dr. Nancy Foster Scholarship shall be 
provided directly to each recipient selected by the Secretary 
upon receipt of certification that the recipient will adhere to 
a specific and detailed plan of study and research approved by 
the sponsoring institution.
  [(e) The Secretary shall make 1 percent of the amount 
appropriated each fiscal year to carry out the National Marine 
Sanctuaries Act (46 U.S.C. 1431 et seq.) available for Dr. 
Nancy Foster Scholarships.
  [(f) Repayment of the award shall be made to the Secretary in 
the case of fraud or noncompliance.]
                              ----------                              


STEVENSON-WYDLER TECHNOLOGY INNOVATION ACT OF 1980

           *       *       *       *       *       *       *


SEC. 4. DEFINITIONS.

  As used in this Act, unless the context otherwise requires, 
the term--
          [(1) ``Office'' means the Office of Technology Policy 
        established under section 5 of this Act.]
          [(2)] (1) ``Secretary'' means the Secretary of 
        Commerce.
          [(3) ``Under Secretary'' means the Under Secretary of 
        Commerce for Technology appointed under section 
        5(b)(1).]
          [(4)] (2) ``Centers'' means Cooperative Research 
        Centers established under section 7 or 9 of this Act.
          [(5)] (3) ``Nonprofit institution'' means an 
        organization owned and operated exclusively for 
        scientific or educational purposes, no part of the net 
        earnings of which inures to the benefit of any private 
        shareholder or individual.
          [(6)] (4) ``Federal laboratory'' means any 
        laboratory, any federally funded research and 
        development center, or any center established under 
        section 7 or 9 of this Act that is owned, leased, or 
        otherwise used by a Federal agency and funded by the 
        Federal Government, whether operated by the Government 
        or by a contractor.
          [(7)] (5) ``Supporting agency'' means either the 
        Department of Commerce or the National Science 
        Foundation, as appropriate.
          [(8)] (6) ``Federal agency'' means any executive 
        agency as defined in section 105 of title 5, United 
        States Code, and the military departments as defined in 
        section 102 of such title, as well as any agency of the 
        legislative branch of the Federal Government.
          [(9)] (7) ``Invention'' means any invention or 
        discovery which is or may be patentable or otherwise 
        protected under title 35, United States Code, or any 
        novel variety of plant which is or may be protectable 
        under the Plant Variety Protection Act (7 U.S.C. 2321 
        et seq.).
          [(10)] (8) ``Made'' when used in conjunction with any 
        invention means the conception or first actual 
        reduction to practice of such invention.
          [(11)] (9) ``Small business firm'' means a small 
        business concern as defined in section 2 of Public Law 
        85-536 (15 U.S.C. 632) and implementing regulations of 
        the Administrator of the Small Business Administration.
          [(12)] (10) ``Training technology'' means computer 
        software and related materials which are developed by a 
        Federal agency to train employees of such agency, 
        including but not limited to software for computer-
        based instructional systems and for interactive video 
        disc systems.
          [(13)] (11) ``Clearinghouse'' means the Clearinghouse 
        for State and Local Initiatives on Productivity, 
        Technology, and Innovation established by section 6.

[SEC. 5. COMMERCE AND TECHNOLOGICAL INNOVATION.

  [(a) Establishment.--There is established in the Department 
of Commerce a Technology Administration, which shall operate in 
accordance with the provisions, findings, and purposes of this 
Act. The Technology Administration shall include--
          [(1) the National Institute of Standards and 
        Technology;
          [(2) the National Technical Information Service; and
          [(3) a policy analysis office, which shall be known 
        as the Office of Technology Policy.
  [(b) Under Secretary and Assistant Secretary.--The President 
shall appoint, by and with the advice and consent of the 
Senate, to the extent provided for in appropriations Acts--
          [(1) an Under Secretary of Commerce for Technology, 
        who shall be compensated at the rate provided for level 
        III of the Executive Schedule in section 5314 of title 
        5, United States Code; and
          [(2) an Assistant Secretary of Commerce for 
        Technology Policy, who shall serve as policy analyst 
        for the Under Secretary.
  [(c) Duties.--The Secretary, through the Under Secretary, as 
appropriate, shall--
          [(1) manage the Technology Administration and 
        supervise its agencies, programs, and activities;
          [(2) conduct technology policy analyses to improve 
        United States industrial productivity, technology, and 
        innovation, and cooperate with United States industry 
        in the improvement of its productivity, technology, and 
        ability to compete successfully in world markets;
          [(3) carry out any functions formerly assigned to the 
        Office of Productivity, Technology, and Innovation;
          [(4) assist in the implementation of the Metric 
        Conversion Act of 1975;
          [(5) determine the relationships of technological 
        developments and international technology transfers to 
        the output, employment, productivity, and world trade 
        performance of United States and foreign industrial 
        sectors;
          [(6) determine the influence of economic, labor and 
        other conditions, industrial structure and management, 
        and government policies on technological developments 
        is particular industrial sectors worldwide;
          [(7) identify technological needs, problems, and 
        opportunities within and across industrial sectors 
        that, if addressed, could make a significant 
        contribution to the economy of the United States;
          [(8) assess whether the capital, technical and other 
        resources being allocated to domestic industrial 
        sectors which are likely to generate new technologies 
        are adequate to meet private and social demands for 
        goods and services and to promote productivity and 
        economic growth;
          [(9) propose and support studies and policy 
        experiments, in cooperation with other Federal 
        agencies, to determine the effectiveness of measures 
        with the potential of advancing United States 
        technological innovation;
          [(10) provide that cooperative efforts to stimulate 
        industrial innovation be undertaken between the 
        Secretary and other officials in the Department of 
        Commerce responsible for such areas as trade and 
        economic assistance;
          [(11) encourage and assist the creation of centers 
        and other joint initiatives by State or local 
        governments, regional organizations, private 
        businesses, institutions of higher education, nonprofit 
        organizations, or Federal laboratories to encourage 
        technology transfer, to stimulate innovation, and to 
        promote an appropriate climate for investment in 
        technology-related industries;
          [(12) propose and encourage cooperative research 
        involving appropriate Federal entities, State or local 
        governments, regional organizations, colleges or 
        universities, nonprofit organizations, or private 
        industry to promote the common use of resources, to 
        improve training programs and curricula, to stimulate 
        interest in high technology careers, and to encourage 
        the effective dissemination of technology skills within 
        the winder community;
          [(13) serve as a focal point for discussions among 
        United States companies on topics of interest to 
        industry and labor, including discussions regarding 
        manufacturing and discussions regarding emerging 
        technologies;
          [(14) consider government measures with the potential 
        of advancing United States technological innovation and 
        exploiting innovations of foreign origin; and
          [(15) publish the results of studies and policy 
        experiments.
  [(d) Japanese Technical Literature.--(1) In addition to the 
duties specified in subsection (c), the Secretary and the Under 
Secretary shall establish, and through the National Technical 
Information Service and with the cooperation of such other 
offices within the Department of Commerce as the Secretary 
considers appropriate, maintain a program (including an office 
in Japan) which shall, on a continuing basis--
          [(A) monitor Japanese technical activities and 
        developments;
          [(B) consult with businesses, professional societies, 
        and libraries in the United States regarding their 
        needs for information on Japanese developments in 
        technology and engineering;
          [(C) acquire and translate selected Japanese 
        technical reports and documents that may be of value to 
        agencies and departments of the Federal Government, and 
        to businesses and researchers in the United States; and
          [(D) coordinate with other agencies and departments 
        of the Federal Government to identify significant gaps 
        and avoid duplication in efforts by the Federal 
        Government to acquire, translate, index, and 
        disseminate Japanese technical information.
Activities undertaken pursuant to subparagraph (C) of this 
paragraph shall only be performed on a cost-reimbursable basis. 
Translations referred to in such subparagraph shall be 
performed only to the extent that they are not otherwise 
available from sources within the private sector in the United 
States.
  [(2) Beginning in 1986, the Secretary shall prepare annual 
reports regarding important Japanese scientific discoveries and 
technical innovations in such areas as computers, 
semiconductors, biotechnology, and robotics and manufacturing. 
In preparing such reports, the Secretary shall consult with 
professional societies and businesses in the United States. The 
Secretary may, to the extent provided in advance by 
appropriation Acts, contract with private organizations to 
acquire and translate Japanese scientific and technical 
information relevant to the preparation of such reports.
  [(3) The Secretary also shall encourage professional 
societies and private businesses in the United States to 
increase their efforts to acquire, screen, translate, and 
disseminate Japanese technical literature.
  [(4) In addition, the Secretary shall compile, publish, and 
disseminate an annual directory which lists--
          [(A) all programs and services in the United States 
        that collect, abstract, translate, and distribute 
        Japanese scientific and technical information; and
          [(B) all translations of Japanese technical documents 
        performed by agencies and departments of the Federal 
        Government in the preceding 12 months that are 
        available to the public.
  [(5) The Secretary shall transmit to the Congress, within 1 
year after the date of enactment of the Japanese Technical 
Literature Act of 1986, a report on the activities of the 
Federal Government to collect, abstract, translate, and 
distribute declassified Japanese scientific and technical 
information.
  [(e) Report.--The Secretary shall prepare and submit to the 
President and Congress, within 3 years after the date of 
enactment of this Act, a report on the progress, findings, and 
conclusions of activities conducted pursuant to sections 5, 6, 
8, 11, 12, and 13 of this Act (as then in effect) and 
recommendations for possible modifications thereof.
  [(f) Experimental Program To Stimulate Competitive 
Technology.--
          [(1) In general.--The Secretary, acting through the 
        Under Secretary, shall establish for fiscal year 1999 a 
        program to be known as the Experimental Program to 
        Stimulate Competitive Technology (referred to in this 
        subsection as the ``program''). The purpose of the 
        program shall be to strengthen the technological 
        competitiveness of those States that have historically 
        received less Federal research and development funds 
        than those received by a majority of the States.
          [(2) Arrangements.--In carrying out the program, the 
        Secretary, acting through the Under Secretary, shall--
                  [(A) enter into such arrangements as may be 
                necessary to provide for the coordination of 
                the program through the State committees 
                established under the Experimental Program to 
                Stimulate Competitive Research of the National 
                Science Foundation; and
                  [(B) cooperate with--
                          [(i) any State science and technology 
                        council established under the program 
                        under subparagraph (A); and
                          [(ii) representatives of small 
                        business firms and other appropriate 
                        technology-based businesses.
          [(3) Grants and cooperative agreements.--In carrying 
        out the program, the Secretary, acting through the 
        Under Secretary, may make grants or enter into 
        cooperative agreements to provide for--
                  [(A) technology research and development;
                  [(B) technology transfer from university 
                research;
                  [(C) technology deployment and diffusion; and
                  [(D) the strengthening of technological 
                capabilities through consortia comprised of--
                          [(i) technology-based small business 
                        firms;
                          [(ii) industries and emerging 
                        companies;
                          [(iii) universities; and
                          [(iv) State and local development 
                        agencies and entities.
          [(4) Requirements for making awards.--
                  [(A) In general.--In making awards under this 
                subsection, the Secretary, acting through the 
                Under Secretary, shall ensure that the awards 
                are awarded on a competitive basis that 
                includes a review of the merits of the 
                activities that are the subject of the award.
                  [(B) Matching requirement.--The non-Federal 
                share of the activities (other than planning 
                activities) carried out under an award under 
                this subsection shall be not less than 25 
                percent of the cost of those activities.
          [(5) Criteria for states.--The Secretary, acting 
        through the Under Secretary, shall establish criteria 
        for achievement by each State that participates in the 
        program. Upon the achievement of all such criteria, a 
        State shall cease to be eligible to participate in the 
        program.
          [(6) Coordination.--To the extent practicable, in 
        carrying out this subsection, the Secretary, acting 
        through the Under Secretary, shall coordinate the 
        program with other programs of the Department of 
        Commerce.
          [(7) Report.--
                  [(A) In general.--Not later than 90 days 
                after the date of the enactment of the 
                Technology Administration Act of 1998, the 
                Under Secretary shall prepare and submit a 
                report that meets the requirements of this 
                paragraph to the Secretary. Upon receipt of the 
                report, the Secretary shall transmit a copy of 
                the report to the Committee on Commerce, 
                Science, and Transportation of the Senate and 
                the Committee on Science of the House of 
                Representatives.
                  [(B) Requirements for report.--The report 
                prepared under this paragraph shall contain 
                with respect to the program--
                          [(i) a description of the structure 
                        and procedures of the program;
                          [(ii) a management plan for the 
                        program;
                          [(iii) a description of the merit-
                        based review 
                        process to be used in the program;
                          [(iv) milestones for the evaluation 
                        of activities to be assisted under the 
                        program in fiscal year 1999;
                          [(v) an assessment of the eligibility 
                        of each State that participates in the 
                        Experimental Program to Stimulate 
                        Competitive Research of the National 
                        Science Foundation to participate in 
                        the program under this subsection; and
                          [(vi) the evaluation criteria with 
                        respect to which the overall management 
                        and effectiveness of the program will 
                        be evaluated.]

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 212 OF THE NATIONAL TECHNICAL INFORMATION ACT OF 1988

SEC. 212. NATIONAL TECHNICAL INFORMATION SERVICE.

  (a) * * *
  (b) Director of the Service.--The management of the Service 
shall be vested in a Director who shall report to the [Under 
Secretary of Commerce for Technology] Director of the National 
Institute of Standards and Technology and the Secretary of 
Commerce.

           *       *       *       *       *       *       *

                              ----------                              


TITLE 28, UNITED STATES CODE

           *       *       *       *       *       *       *


PART II--DEPARTMENT OF JUSTICE

           *       *       *       *       *       *       *


CHAPTER 39--UNITED STATES TRUSTEES

           *       *       *       *       *       *       *


Sec. 589a. United States Trustee System Fund

  (a) * * *
  (b) For the purpose of recovering the cost of services of the 
United States Trustee System, there shall be deposited as 
offsetting collections to the appropriation ``United States 
Trustee'', to remain available until expended, the following--
          (1) * * *

           *       *       *       *       *       *       *

          (8) excess fees collected under section 586(e)(2) of 
        this title; [and]
          (9) interest earned on Fund investment[.]; and
          (10) fines imposed under section 110(l)(4)(A) of 
        title 11, United States Code.

           *       *       *       *       *       *       *


PART V--PROCEDURE

           *       *       *       *       *       *       *


CHAPTER 123--FEES AND COSTS

           *       *       *       *       *       *       *


Sec. 1930. Bankruptcy fees

  (a) The parties commencing a case under title 11 shall pay to 
the clerk of the district court or the clerk of the bankruptcy 
court, if one has been certified pursuant to section 156(b) of 
this title, the following filing fees:
          (1) * * *

           *       *       *       *       *       *       *

          (6) In addition to the filing fee paid to the clerk, 
        a quarterly fee shall be paid to the United States 
        trustee, for deposit in the Treasury, in each case 
        under chapter 11 of title 11 for each quarter 
        (including any fraction thereof) until the case is 
        converted or dismissed, whichever occurs first. [The 
        fee shall be $250 for each quarter in which 
        disbursements total less than $15,000; $500 for each 
        quarter in which disbursements total $15,000 or more 
        but less than $75,000; $750 for each quarter in which 
        disbursements total $75,000 or more but less than 
        $150,000; $1,250 for each quarter in which 
        disbursements total $150,000 or more but less than 
        $225,000; $1,500 for each quarter in which 
        disbursements total $225,000 or more but less than 
        $300,000; $3,750 for each quarter in which 
        disbursements total $300,000 or more but less than 
        $1,000,000; $5,000 for each quarter in which 
        disbursements total $1,000,000 or more but less than 
        $2,000,000; $7,500 for each quarter in which 
        disbursements total $2,000,000 or more but less than 
        $3,000,000; $8,000 for each quarter in which 
        disbursements total $3,000,000 or more but less than 
        $5,000,000; $10,000 for each quarter in which 
        disbursements total $5,000,000 or more. The fee shall 
        be payable on the last day of the calendar month 
        following the calendar quarter for which the fee is 
        owed.] 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.

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 110 OF TITLE 11, UNITED STATES CODE

Sec. 110. Penalty for persons who negligently or fraudulently prepare 
                    bankruptcy petitions

  (a) * * *

           *       *       *       *       *       *       *

  (l)(1) * * *

           *       *       *       *       *       *       *

  (4)[(A) Fines imposed under this subsection in judicial 
districts served by United States trustees shall be paid to the 
United States trustee, who shall deposit an amount equal to 
such fines in a special account of the United States Trustee 
System Fund referred to in section 586(e)(2) of title 28. 
Amounts deposited under this subparagraph shall be available to 
fund the enforcement of this section on a national basis.] (A) 
Fines imposed under this subsection in judicial districts 
served by United States trustees shall be paid to the United 
States trustees, who shall deposit an amount equal to such 
fines in the United States Trustee Fund.

           *       *       *       *       *       *       *

                              ----------                              


     SECTION 313 OF THE NATIONAL AERONAUTICS AND SPACE ACT OF 1958

               FULL COST APPROPRIATIONS ACCOUNT STRUCTURE

  Sec. 313. (a)(1) * * *
  [(2) Within the Exploration Systems and Space Operations 
account, no more than 10 percent of the funds for a fiscal year 
for Exploration Systems may be reprogrammed for Space 
Operations, and no more than 10 percent of the funds for a 
fiscal year for Space Operations may be reprogrammed for 
Exploration Systems. This paragraph shall not apply to 
reprogramming for the purposes described in subsection (b)(2).]
  [(3)] (2) Appropriations shall remain available for two 
fiscal years, unless otherwise specified in law. Each account 
shall include the planned full costs of Administration 
activities.

           *       *       *       *       *       *       *

                              ----------                              


SECTION 605 OF THE HARMFUL ALGAL BLOOM AND HYPOXIA RESEARCH AND CONTROL 
                              ACT OF 1998

SEC. 605. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary of 
Commerce for research, education, and monitoring activities 
related to the prevention, reduction, and control of harmful 
algal blooms and hypoxia, $15,000,000 for fiscal year 1999, 
$18,250,000 for fiscal year 2000, $19,000,000 for fiscal year 
2001, $23,500,000 for fiscal year 2005, $24,500,000 for fiscal 
year 2006, $25,000,000 for fiscal year 2007, and [$25,500,000 
for fiscal year 2008] $30,000,000 for each of fiscal years 2008 
through 2010, to remain available until expended. The Secretary 
shall consult with the States on a regular basis regarding the 
development and implementation of the activities authorized 
under this section. Of such amounts for each fiscal year--
          (1) $1,500,000 for fiscal year 1999, $1,500,000 for 
        fiscal year 2000, $2,000,000 for fiscal year 2001, and 
        $2,500,000 for each of fiscal years 2005 through [2008] 
        2010 may be used to enable the National Oceanic and 
        Atmospheric Administration to carry out research and 
        assessment activities, including procurement of 
        necessary research equipment, at research laboratories 
        of the National Ocean Service and the National Marine 
        Fisheries Service;
          (2) $4,000,000 for fiscal year 1999, $5,500,000 for 
        fiscal year 2000, $5,500,000 for fiscal year 2001, and 
        $6,500,000, of which $1,000,000 shall be used for the 
        research program described in section 603(f)(2)(B), for 
        each of fiscal years 2005 through [2008] 2010 may be 
        used to carry out the Ecology and Oceanography of 
        Harmful Algal Blooms (ECOHAB) project under the Coastal 
        Ocean Program established under section 201(c) of 
        Public Law 102-567;
          (3) $1,000,000 for fiscal year 1999, $2,000,000 for 
        fiscal year 2000, $2,000,000 for fiscal year 2001, and 
        $3,000,000 for each of fiscal years 2005 through [2008] 
        2010 may be used by the National Ocean Service of the 
        National Oceanic and Atmospheric Administration to 
        carry out a peer-reviewed research project on 
        management measures that can be taken to prevent, 
        reduce, control, and mitigate harmful algal blooms and 
        to carry out section 603(d);
          (4) $5,500,000 for each of the fiscal years 1999, 
        2000, 2001, and $6,000,000 for each of fiscal years 
        2005 through [2008] 2010 may be used to carry out 
        Federal and State annual monitoring and analysis 
        activities for harmful algal blooms administered by the 
        National Ocean Service of the National Oceanic and 
        Atmospheric Administration;
          (5) $3,000,000 for fiscal year 1999, $3,750,000 for 
        fiscal year 2000, $4,000,000 for fiscal year 2001, 
        $4,000,000 for fiscal year 2005, $5,000,000 for fiscal 
        year 2006, $5,500,000 for fiscal year 2007, and 
        $6,000,000 for [fiscal year 2008] each of fiscal years 
        2008 through 2010 may be used for activities related to 
        research and monitoring on hypoxia by the National 
        Ocean Service and the Office of Oceanic and Atmospheric 
        Research of the National Oceanic and Atmospheric 
        Administration; and
          (6) $1,500,000 for each of fiscal years 2005 through 
        [2008] 2010 to carry out section 603(e).
                              ----------                              


     SECTION 303A OF THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
                             MANAGEMENT ACT

SEC. 303A. LIMITED ACCESS PRIVILEGE PROGRAMS.

  (a) * * *

           *       *       *       *       *       *       *

  (c) Requirements for Limited Access Privileges.--
          (1) * * *

           *       *       *       *       *       *       *

          (4) Regional fishery associations.--
                  (A) In general.--To be eligible to 
                participate in a limited access privilege 
                program to harvest fish, a regional fishery 
                association shall--
                          (i) * * *

           *       *       *       *       *       *       *

                          (iv) consist of participants in the 
                        fishery who hold quota share that are 
                        designated for use in the specific 
                        region or subregion covered by the 
                        regional fishery [association] 
                        association, among willing parties, 
                        including commercial or recreational 
                        fishing, processing, fishery-dependent 
                        support businesses, or fishing 
                        communities;

           *       *       *       *       *       *       *

  (i) Transition [Rules.--
          [(1) In general.--The] Rules.--The requirements of 
        this section shall not apply to any quota program, 
        including any individual quota program, cooperative 
        program, or sector allocation for which a Council has 
        taken final action or which has been submitted by a 
        Council to the Secretary, or approved by the Secretary, 
        within 6 months after the date of enactment of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Reauthorization Act of 2006, except that--
          [(A)] (1) the requirements of section 303(d) of this 
        Act in effect on the day before the date of enactment 
        of that Act shall apply to any such program;
          [(B)] (2) the program shall be subject to review 
        under subsection (c)(1)(G) of this section not later 
        than 5 years after the program implementation; and
          [(C)] (3) nothing in this subsection precludes a 
        Council from incorporating criteria contained in this 
        section into any such plans.
          [(2) Pacific groundfish proposals.--The requirements 
        of this section, other than subparagraphs (A) and (B) 
        of subsection (c)(1) and subparagraphs (A), (B), and 
        (C) of paragraph (1) of this subsection, shall not 
        apply to any proposal authorized under section 302(f) 
        of the Magnuson-Stevens Fishery Conservation and 
        Management Reauthorization Act of 2006 that is 
        submitted within the timeframe prescribed by that 
        section.]
                              ----------                              


               EMERGENCY STEEL LOAN GUARANTEE ACT OF 1999

  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, 1999, and for other purposes, namely:

                               CHAPTER 1

  Sec. 101. Emergency Steel Loan Guarantee Program. (a) Short 
Title.--This chapter may be cited as the ``Emergency Steel Loan 
Guarantee Act of 1999''.

           *       *       *       *       *       *       *

  (k) Termination of Guarantee Authority.--The authority of the 
Board to make commitments to guarantee any loan under this 
section shall terminate on December 31, [2007] 2009.

           *       *       *       *       *       *       *


               Compliance With Rule XXI, Cl. 9 (Earmarks)

    The list of projects which follows is submitted in 
compliance with clause 9 of rule XXI of the Rules of the House 
of Representatives, which requires publication of a complete 
list of projects included in the bill which result principally 
from requests of Members of the House of Representatives.


      Comparative Statement of New Budget (Obligational) Authority

    The following table provides a detailed summary, for each 
Department and agency, comparing the amounts recommended in the 
bill with fiscal year 2007 enacted amounts and budget estimates 
presented for fiscal year 2008:



      ADDITIONAL VIEWS OF JERRY LEWIS AND RODNEY P. FRELINGHUYSEN

    We commend Chairman Mollohan and Chairman Obey for the 
rigorous approach they have brought to carrying out the 
Subcommittee's oversight responsibilities, and for the even-
handed and collaborative approach taken in assembling the bill. 
This bill includes important increases to programs that 
represent top national priorities, including counterterrorism, 
crime fighting, and scientific research and education. However, 
we also believe that the Subcommittee could have met the most 
pressing needs by prioritizing within a lower allocation.
    The allocation given to the Subcommittee is $53.5 billion, 
which is $3.2 billion or 6.4% above 2007, and $2.3 billion or 
4.5% above the President's request. This very generous 
allocation allows everything to grow, and is, we believe, more 
than sufficient to address the highest priority needs in a 
satisfactory way. By comparison, last year the House passed a 
bill for these departments and agencies with an allocation that 
exceeded the President's request by less than a quarter of one 
percent. That bill addressed critical priorities and passed 
overwhelmingly on the House floor.
    For example, in the Department of Commerce, while the bill 
does include some important increases, the allocation allows 
increases above the President's request in every major program. 
Even the Advanced Technology Program (ATP), which was zeroed 
out in prior House bills and put on a path toward elimination 
in fiscal year 2006, is not only maintained but resurrected 
with a substantial funding increase. The ATP program has long 
been considered a flawed program model with grants going to 
large corporations to subsidize the commercialization of their 
research. Many have described ATP as ``corporate welfare'', and 
it perennially tops lists of ineffective and wasteful programs.
    When hard choices on priorities are not made, excessive 
spending is the result. The burden of such spending will 
eventually fall on the American taxpayer. As others have stated 
about earlier bills, the size of the allocation this year may 
make it more difficult to produce a bill that will get signed 
into law. So we look forward to continue working together with 
the Chairman towards that goal.
    We strongly support the decision to provide funding above 
the request for the Federal Bureau of Investigation (FBI). This 
level is necessary in order to continue current staffing and 
operations levels while also funding urgent increases in 
counterterrorism programs. This Committee has been at the 
forefront of the FBI's transformation into our nation's premier 
counterterrorism agency, and we are pleased that we are able to 
continue that support this year. Too often we fail to recognize 
the critical and often dangerous work that the FBI's Special 
Agents are doing both at home and abroad in order to detect and 
prevent terrorist attacks. This is incredibly important work. 
This bill strongly supports those efforts while also providing 
necessary funding for the FBI to fulfill its traditional roles 
and address emerging problems such as the growth of violent 
gangs and human trafficking.
    Despite the high allocation, the bill comparatively 
underfunds other Federal Law Enforcement accounts. In the Joint 
Resolution for 2007 the Congress provided more than $1 billion 
above a freeze to support current operations and urgent 
increases for Department of Justice entities. In many cases, 
these increases were not assumed in the formulation of the 
President's budget request for 2008. So, while most Federal Law 
Enforcement accounts are funded at least at the President's 
request in this bill, there still will be negative consequences 
in the form of personnel reductions and hiring freezes at some 
agencies including the Drug Enforcement Administration (DEA), 
the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), 
U.S. Attorneys offices, the Criminal Division and the new 
National Security Division. These consequences could be avoided 
with modest funding shifts. The Chairman has been very 
cooperative thus far in helping to lessen the impacts on DEA, 
and we hope that more can be done to improve funding for 
Federal Law Enforcement generally as the bill moves forward.
    In addition, we are concerned that the Justice Department 
rescissions included in this bill may turn out to be based on 
unrealistic assumptions. The balances available in the Assets 
Forfeiture Super Surplus, and in Justice grant programs could 
likely fall far short of the rescinded amounts. The across the 
board rescission to Department balances could further erode 
operations levels for important agencies. The comparatively low 
funding levels and dubious rescissions are out of synch with 
the critical importance of Federal law enforcement functions. 
We hope to continue to work with the Chairman to avoid negative 
impacts on important law enforcement programs.
    We also note that the report accompanying the bill includes 
language expressing concern about the requested resignations of 
U.S. Attorneys. The implication of this language is that 
actions of the Department of Justice constituted improper 
political interference. While we are sure that many Members 
have concerns on this issue, we would point out that the 
Subcommittee has not exercised oversight or heard testimony on 
this matter that would lead the Committee to take this 
position. Neither the Attorney General nor any representative 
of the U.S. Attorneys ever appeared to provide testimony to the 
Subcommittee on this or any other matter.
    The Chairman deserves credit for restoring funding to State 
and Local Law Enforcement accounts, including programs 
addressing violence against women, violent gangs, the 
methamphetamine epidemic, child exploitation, and the 
continuing need for interoperable law enforcement 
communications. We are very pleased that the Chairman agrees 
that we must insist on standards and best practices in the use 
of these funds. It is not acceptable to simply pass out money 
to our local jurisdictions without stringent requirements to 
follow accepted standards and proven program models. We salute 
the Chairman for including language to ensure that funds for 
law enforcement technologies go toward equipment that meets all 
the relevant Federal standards, and we stand ready to further 
link funding with standards and best practices.
    We are pleased that the Committee adopted an amendment 
shifting an additional $30 million to the State Criminal Alien 
Assistance Program (SCAAP). The bill initially cut SCAAP by 
that same amount from the current level--one of the few 
reductions in the bill. The costs incurred by local 
jurisdictions to incarcerate undocumented criminal aliens 
continue to rise. The SCAAP program provides important partial 
Federal reimbursement for costs related to what is truly a 
national, not a local problem, immigration enforcement. Actual 
costs incurred by local jurisdictions for these incarceration 
expenses are approximately $800 million, roughly double the 
amount provided in the bill, even after the adoption of the 
amendment.
    We also congratulate the Chairman for funding critical, 
high priority programs throughout the remainder of the bill, 
including: the President's American Competitiveness Initiative 
under the National Science Foundation (NSF) and the National 
Institute of Standards and Technology (NIST); Space 
Exploration, Aeronautics research and Space Science at the 
National Aeronautics and Space Administration (NASA); the 
Manufacturing Extension Partnership program; trade promotion 
and enforcement; the ramp-up to the 2010 Decennial Census; and 
weather and ocean programs at the National Oceanic and 
Atmospheric Administration (NOAA). We appreciate the Chairman 
providing funds above the request for the US Trade 
Representative. This funding is critical to support the growth 
of free and fair trade, a key to our future economic well-being 
and security.
    In conclusion, while we have concerns with the spending in 
the bill, we would like to again express appreciation to 
Chairman Mollohan and Chairman Obey for their openness and 
consideration. We are grateful for the cooperative approach, 
and look forward to working together as the process continues 
to produce a bill that funds critical national priorities, and 
that will be enacted into law.

                                   Jerry Lewis.
                                   Rodney P. Frelinghuysen.

                                  
