II 

Calendar No. 259 

110TH CONGRESS 

1ST SESSION S. 1745 

[Report No. 110–124] 

Making appropriations for the Departments of Commerce and Justice, science, 

and related agencies for the fiscal year ending September 30, 2008, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2007 

Ms. MIKULSKI, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

Making appropriations for the Departments of Commerce 

and Justice, science, and related agencies for the fiscal 

year ending September 30, 2008, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2008, and for other pur6 poses, namely: 
2 

S 1745 PCS 

1 TITLE I 

2 DEPARTMENT OF COMMERCE 

3 INTERNATIONAL TRADE ADMINISTRATION

4 OPERATIONS AND ADMINISTRATION

5 For necessary expenses for international trade activi6 ties of the Department of Commerce provided for by law, 

7 and for engaging in trade promotional activities abroad, 

8 including expenses of grants and cooperative agreements 

9 for the purpose of promoting exports of United States 

10 firms, without regard to 44 U.S.C. 3702 and 3703; full 

11 medical coverage for dependent members of immediate 

12 families of employees stationed overseas and employees 

13 temporarily posted overseas; travel and transportation of 

14 employees of the United States and Foreign Commercial 

15 Service between two points abroad, without regard to 49 

16 U.S.C. 40118; employment of Americans and aliens by 

17 contract for services; rental of space abroad for periods 

18 not exceeding 10 years, and expenses of alteration, repair, 

19 or improvement; purchase or construction of temporary 

20 demountable exhibition structures for use abroad; pay21 ment of tort claims, in the manner authorized in the first 

22 paragraph of 28 U.S.C. 2672 when such claims arise in 

23 foreign countries; not to exceed $327,000 for official rep24 resentation expenses abroad; purchase of passenger motor 

25 vehicles for official use abroad, not to exceed $45,000 per 
3 

S 1745 PCS 

1 vehicle; obtaining insurance on official motor vehicles; and 

2 rental of tie lines, $425,431,000, to remain available until 

3 September 30, 2009, of which $8,000,000 is to be derived 

4 from fees to be retained and used by the International 

5 Trade Administration, notwithstanding 31 U.S.C. 3302: 

6 Provided, That $49,564,000 shall be for Manufacturing 

7 and Services; $44,960,000 shall be for Market Access and 

8 Compliance; $66,601,000 shall be for the Import Adminis9 tration; $229,702,000 shall be for the United States and 

10 Foreign Commercial Service; and $26,604,000 shall be for 

11 Executive Direction and Administration: Provided further, 

12 That the provisions of the first sentence of section 105(f) 

13 and all of section 108(c) of the Mutual Educational and 

14 Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 

15 2458(c)) shall apply in carrying out these activities with16 out regard to section 5412 of the Omnibus Trade and 

17 Competitiveness Act of 1988 (15 U.S.C. 4912); and that 

18 for the purpose of this Act, contributions under the provi19 sions of the Mutual Educational and Cultural Exchange 

20 Act of 1961 shall include payment for assessments for 

21 services provided as part of these activities: Provided fur22 ther, That the International Trade Administration shall be 

23 exempt from the requirements of Circular A–25 (or any 

24 successor administrative regulation or policy) issued by 

25 the Office of Management and Budget: Provided further, 
4 

S 1745 PCS 

1 That negotiations shall be conducted within the World 

2 Trade Organization to recognize the right of members to 

3 distribute monies collected from antidumping and counter4 vailing duties: Provided further, That negotiations shall be 

5 conducted within the World Trade Organization consistent 

6 with the negotiating objectives contained in the Trade Act 

7 of 2002, Public Law 107–210. 

8 BUREAU OF INDUSTRY AND SECURITY

9 OPERATIONS AND ADMINISTRATION

10 For necessary expenses for export administration and 

11 national security activities of the Department of Com12 merce, including costs associated with the performance of 

13 export administration field activities both domestically and 

14 abroad; full medical coverage for dependent members of 

15 immediate families of employees stationed overseas; em16 ployment of Americans and aliens by contract for services 

17 abroad; payment of tort claims, in the manner authorized 

18 in the first paragraph of 28 U.S.C. 2672 when such claims 

19 arise in foreign countries; not to exceed $15,000 for offi20 cial representation expenses abroad; awards of compensa21 tion to informers under the Export Administration Act of 

22 1979, and as authorized by 22 U.S.C. 401(b); and pur23 chase of passenger motor vehicles for official use and 

24 motor vehicles for law enforcement use with special re25 quirement vehicles eligible for purchase without regard to 
5 

S 1745 PCS 

1 any price limitation otherwise established by law, 

2 $78,776,000, to remain available until expended, of which 

3 $14,767,000 shall be for inspections and other activities 

4 related to national security: Provided, That the provisions 

5 of the first sentence of section 105(f) and all of section 

6 108(c) of the Mutual Educational and Cultural Exchange 

7 Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply 

8 in carrying out these activities: Provided further, That 

9 payments and contributions collected and accepted for ma10 terials or services provided as part of such activities may 

11 be retained for use in covering the cost of such activities, 

12 and for providing information to the public with respect 

13 to the export administration and national security activi14 ties of the Department of Commerce and other export con15 trol programs of the United States and other govern16 ments. 

17 ECONOMIC DEVELOPMENT ADMINISTRATION

18 ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

19 For grants for economic development assistance as 

20 provided by the Public Works and Economic Development 

21 Act of 1965, and for trade adjustment assistance, 

22 $250,000,000, to remain available until expended. 

23 SALARIES AND EXPENSES

24 For necessary expenses of administering the eco25 nomic development assistance programs as provided for by 
6 

S 1745 PCS 

1 law, $32,800,000: Provided, That these funds may be used 

2 to monitor projects approved pursuant to title I of the 

3 Public Works Employment Act of 1976, title II of the 

4 Trade Act of 1974, and the Community Emergency 

5 Drought Relief Act of 1977. 

6 MINORITY BUSINESS DEVELOPMENT AGENCY

7 MINORITY BUSINESS DEVELOPMENT

8 For necessary expenses of the Department of Com9 merce in fostering, promoting, and developing minority 

10 business enterprise, including expenses of grants, con11 tracts, and other agreements with public or private organi12 zations, $30,200,000. 

13 ECONOMIC AND INFORMATION INFRASTRUCTURE

14 ECONOMIC AND STATISTICAL ANALYSIS

15 SALARIES AND EXPENSES

16 For necessary expenses, as authorized by law, of eco17 nomic and statistical analysis programs of the Department 

18 of Commerce, $85,000,000, to remain available until Sep19 tember 30, 2009. 

20 BUREAU OF THE CENSUS

21 SALARIES AND EXPENSES

22 For expenses necessary for collecting, compiling, ana23 lyzing, preparing, and publishing statistics, provided for 

24 by law, $226,238,000. 
7 

S 1745 PCS 

1 PERIODIC CENSUSES AND PROGRAMS

2 For expenses to collect and publish statistics for peri3 odic censuses and programs provided for by law, 

4 $1,020,406,000, to remain available until September 30, 

5 2009. 

6 NATIONAL TELECOMMUNICATIONS AND INFORMATION

7 ADMINISTRATION

8 SALARIES AND EXPENSES

9 For necessary expenses, as provided for by law, of 

10 the National Telecommunications and Information Ad11 ministration (NTIA), $18,581,000, to remain available 

12 until September 30, 2009: Provided, That, notwith13 standing 31 U.S.C. 1535(d), the Secretary of Commerce 

14 shall charge Federal agencies for costs incurred in spec15 trum management, analysis, and operations, and related 

16 services and such fees shall be retained and used as offset17 ting collections for costs of such spectrum services, to re18 main available until expended: Provided further, That the 

19 Secretary of Commerce is authorized to retain and use as 

20 offsetting collections all funds transferred, or previously 

21 transferred, from other Government agencies for all costs 

22 incurred in telecommunications research, engineering, and 

23 related activities by the Institute for Telecommunication 

24 Sciences of NTIA, in furtherance of its assigned functions 

25 under this paragraph, and such funds received from other 
8 

S 1745 PCS 

1 Government agencies shall remain available until ex2 pended. 

3 PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING

4 AND CONSTRUCTION

5 For the administration of grants authorized by sec6 tion 392 of the Communications Act of 1934, 

7 $20,000,000, to remain available until expended: Pro8 vided, That not to exceed $2,000,000 shall be available 

9 for program administration as authorized by section 391 

10 of the Act: Provided further, That, notwithstanding the 

11 provisions of section 391 of the Act, the prior year unobli12 gated balances may be made available for grants for 

13 projects for which applications have been submitted and 

14 approved during any fiscal year. 

15 TECHNOLOGY OPPORTUNITIES PROGRAM

16 For grants authorized by sections 391 and 392 of the 

17 Communications Act of 1934, as amended, $10,000,000, 

18 to remain available until expended: Provided, That funds 

19 provided under this heading shall be for competitive grants 

20 for the construction of broadband services. 

21 UNITED STATES PATENT AND TRADEMARK OFFICE

22 SALARIES AND EXPENSES

23 For necessary expenses of the United States Patent 

24 and Trademark Office provided for by law, including de25 fense of suits instituted against the Under Secretary of 

26 Commerce for Intellectual Property and Director of the 
9 

S 1745 PCS 

1 United States Patent and Trademark Office, 

2 $1,915,500,000, to remain available until expended: Pro3 vided, That the sum herein appropriated from the general 

4 fund shall be reduced as offsetting collections assessed and 

5 collected pursuant to 15 U.S.C. 1113 and 35 U.S.C. 41 

6 and 376 are received during fiscal year 2008, so as to re7 sult in a fiscal year 2008 appropriation from the general 

8 fund estimated at $0: Provided further, That during fiscal 

9 year 2008, should the total amount of offsetting fee collec10 tions be less than $1,915,500,000, this amount shall be 

11 reduced accordingly: Provided further, That any amount 

12 received in excess of $1,915,500,000 in fiscal year 2008, 

13 in an amount up to $100,000,000, shall remain available 

14 until expended: Provided further, That not less than 1,020 

15 full-time equivalents, 1,082 positions and $214,150,000 

16 shall be for the examination of trademark applications; 

17 and not less than 8,522 full-time equivalents, 9,000 posi18 tions and $1,701,402,000 shall be for the examination and 

19 searching of patent applications: Provided further, That 

20 not less than $18,000,000 shall be for training of per21 sonnel: Provided further, That any deviation from the full22 time equivalent, position, and funding designations set 

23 forth in the preceding provisos shall be subject to the pro24 cedures set forth in section 505 of this Act: Provided fur25 ther, That from amounts provided herein, not to exceed 
10 

S 1745 PCS 

1 $5,000 shall be made available in fiscal year 2008 for offi2 cial reception and representation expenses: Provided fur3 ther, That notwithstanding section 1353 of title 31, 

4 United States Code, no employee of the United States 

5 Patent and Trademark Office may accept payment or re6 imbursement from a non-Federal entity for travel, subsist7 ence, or related expenses for the purpose of enabling an 

8 employee to attend and participate in a convention, con9 ference, or meeting when the entity offering payment or 

10 reimbursement is a person or corporation subject to regu11 lation by the Office, or represents a person or corporation 

12 subject to regulation by the Office, unless the person or 

13 corporation is an organization exempt from taxation pur14 suant to section 501(c)(3) of the Internal Revenue Code 

15 of 1986: Provided further, That in fiscal year 2008, from 

16 the amounts made available for ‘‘Salaries and Expenses’’ 

17 for the United States Patent and Trademark Office 

18 (PTO), the amounts necessary to pay: (1) the difference 

19 between the percentage of basic pay contributed by the 

20 PTO and employees under section 8334(a) of title 5, 

21 United States Code, and the normal cost percentage (as 

22 defined by section 8331(17) of that title) of basic pay, of 

23 employees subject to subchapter III of chapter 83 of that 

24 title; and (2) the present value of the otherwise unfunded 

25 accruing costs, as determined by the Office of Personnel 
11 

S 1745 PCS 

1 Management, of post-retirement life insurance and post2 retirement health benefits coverage for all PTO employees, 

3 shall be transferred to the Civil Service Retirement and 

4 Disability Fund, the Employees Life Insurance Fund, and 

5 the Employees Health Benefits Fund, as appropriate, and 

6 shall be available for the authorized purposes of those ac7 counts: Provided further, That sections 801, 802, and 803 

8 of Division B, Public Law 108–447 shall remain in effect 

9 during fiscal year 2008: Provided further, That the Direc10 tor may reduce patent filing fees payable in 2008 for docu11 ments filed electronically consistent with Federal regula12 tion. 

13 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

14 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

15 For necessary expenses of the National Institute of 

16 Standards and Technology, $502,117,000, to remain 

17 available until expended, of which not to exceed 

18 $12,500,000 may be transferred to the ‘‘Working Capital 

19 Fund’’: Provided, That not to exceed $7,500 shall be for 

20 official reception and representation expenses. 

21 INDUSTRIAL TECHNOLOGY SERVICES

22 For necessary expenses of the Hollings Manufac23 turing Extension Partnership of the National Institute of 

24 Standards and Technology, $110,000,000, to remain 

25 available until expended. 
12 

S 1745 PCS 

1 In addition, for necessary expenses of the Advanced 

2 Technology Program of the National Institute of Stand3 ards and Technology, $100,000,000, to remain available 

4 until expended, of which not to exceed $1,500,000 shall 

5 be for Institutional Support: Provided, That no single ap6 plicant awards shall be made to companies with revenues 

7 greater than $1,000,000,000: Provided further, That 

8 funds shall not support Standards Development pursuant 

9 to 15 U.S.C. 278n(h). 

10 CONSTRUCTION OF RESEARCH FACILITIES

11 For construction of new research facilities, including 

12 architectural and engineering design, and for renovation 

13 and maintenance of existing facilities, including agency 

14 recreational and welfare facilities, not otherwise provided 

15 for the National Institute of Standards and Technology, 

16 as authorized by 15 U.S.C. 278c–278e, $150,900,000, to 

17 remain available until expended: Provided, That the Sec18 retary of Commerce shall include in the budget justifica19 tion materials that the Secretary submits to Congress in 

20 support of the Department of Commerce budget (as sub21 mitted with the budget of the President under section 

22 1105(a) of title 31, United States Code) an estimate for 

23 each National Institute of Standards and Technology con24 struction project having a total multi-year program cost 

25 of more than $5,000,000 and simultaneously the budget 
13 

S 1745 PCS 

1 justification materials shall include an estimate of the 

2 budgetary requirements for each such project for each of 

3 the five subsequent fiscal years: Provided further, That 

4 notwithstanding any other provision of law, of the amount 

5 made available for construction of research facilities, 

6 $8,000,000 shall be for the University of Mississippi Med7 ical Center Biotechnology Research Park; $8,000,000 

8 shall be for the Mississippi State University Research, 

9 Technology and Economic Development Park; $2,000,000 

10 shall be for the University of Southern Mississippi Innova11 tion and Commercialization Park Infrastructure and 

12 Building Construction and Equipage; $5,000,000 shall be 

13 for the Alabama State University Life Sciences Building; 

14 and $30,000,000 shall be for laboratory and research 

15 space at the University of South Alabama Engineering 

16 and Science Center. 

17 NATIONAL OCEANIC AND ATMOSPHERIC

18 ADMINISTRATION

19 OPERATIONS, RESEARCH, AND FACILITIES

20 (INCLUDING TRANSFERS OF FUNDS)

21 For necessary expenses of activities authorized by law 

22 for the National Oceanic and Atmospheric Administration, 

23 including maintenance, operation, and hire of aircraft and 

24 vessels; grants, contracts, or other payments to nonprofit 

25 organizations for the purposes of conducting activities 
14 

S 1745 PCS 

1 pursuant to cooperative agreements; and relocation of fa2 cilities, $3,036,888,000, to remain available until Sep3 tember 30, 2008, except for funds provided for cooperative 

4 enforcement, which shall remain available until September 

5 30, 2009: Provided, That fees and donations received by 

6 the National Ocean Service for the management of na7 tional marine sanctuaries may be retained and used for 

8 the salaries and expenses associated with those activities, 

9 notwithstanding 31 U.S.C. 3302: Provided further, That 

10 in addition, $3,000,000 shall be derived by transfer from 

11 the fund entitled ‘‘Coastal Zone Management’’ and in ad12 dition $77,000,000 shall be derived by transfer from the 

13 fund entitled ‘‘Promote and Develop Fishery Products and 

14 Research Pertaining to American Fisheries’’: Provided 

15 further, That of the $3,121,888,000 provided for in direct 

16 obligations under this heading $3,036,888,000 is appro17 priated from the general fund, $80,000,000 is provided 

18 by transfer, and $5,000,000 is derived from recoveries of 

19 prior year obligations: Provided further, That of the funds 

20 provided under this heading, $250,000 is made available 

21 until expended subject to procedures set forth in section 

22 209 of Public Law 108–447: Provided further, That no 

23 general administrative charge shall be applied against an 

24 assigned activity included in this Act or the report accom25 panying this Act: Provided further, That the total amount 
15 

S 1745 PCS 

1 available for the National Oceanic and Atmospheric Ad2 ministration corporate services administrative support 

3 costs shall not exceed $209,179,000: Provided further, 

4 That payments of funds made available under this heading 

5 to the Department of Commerce Working Capital Fund 

6 including Department of Commerce General Counsel legal 

7 services shall not exceed $34,425,000: Provided further, 

8 That any deviation from the amounts designated for spe9 cific activities in the report accompanying this Act, or any 

10 use of deobligated balances of funds provided under this 

11 heading in previous years, shall be subject to the proce12 dures set forth in section 505 of this Act: Provided further, 

13 That grants to States pursuant to sections 306 and 306A 

14 of the Coastal Zone Management Act of 1972, as amend15 ed, shall not exceed $2,000,000, unless funds provided for 

16 ‘‘Coastal Zone Management Grants’’ exceed funds pro17 vided in the previous fiscal year: Provided further, That 

18 if funds provided for ‘‘Coastal Zone Management Grants’’ 

19 exceed funds provided in the previous fiscal year, then no 

20 State shall receive more than 5 percent or less than 1 per21 cent of the additional funds: Provided further, That for 

22 fiscal year 2008 and hereafter the Administrator of the 

23 National Oceanic and Atmospheric Administration may 

24 engage in formal and informal education activities, includ25 ing primary and secondary education, related to the agen-
16 

S 1745 PCS 

1 cy’s mission goals: Provided further, That in accordance 

2 with section 215 of Public Law 107–372 the number of 

3 officers in the NOAA Commissioned Officer Corps shall 

4 increase to 321: Provided further, That for fiscal year 

5 2009 and hereafter the National Oceanic and Atmospheric 

6 Administration shall submit its budget request to Con7 gress concurrently with its submission to the Office of 

8 Management and Budget: Provided further, That of the 

9 funds provided, $15,000,000 is provided for the alleviation 

10 of economic impacts associated Framework 42 on the 

11 Massachusetts groundfish fishery. 

12 In addition, for necessary retired pay expenses under 

13 the Retired Serviceman’s Family Protection and Survivor 

14 Benefits Plan, and for payments for the medical care of 

15 retired personnel and their dependents under the Depend16 ents Medical Care Act (10 U.S.C. ch. 55), such sums as 

17 may be necessary. 

18 PROCUREMENT, ACQUISITION AND CONSTRUCTION

19 For procurement, acquisition and construction of 

20 capital assets, including alteration and modification costs, 

21 of the National Oceanic and Atmospheric Administration, 

22 $1,089,000,000, to remain available until September 30, 

23 2009, except funds provided for construction of facilities 

24 which shall remain available until expended: Provided, 

25 That of the amounts provided for the National Polar-or-
17 

S 1745 PCS 

1 biting Operational Environmental Satellite System, funds 

2 shall only be made available on a dollar-for-dollar match3 ing basis with funds provided for the same purpose by the 

4 Department of Defense: Provided further, That except to 

5 the extent expressly prohibited by any other law, the De6 partment of Defense may delegate procurement functions 

7 related to the National Polar-orbiting Operational Envi8 ronmental Satellite System to officials of the Department 

9 of Commerce pursuant to section 2311 of title 10, United 

10 States Code: Provided further, That any deviation from the 

11 amounts designated for specific activities in the report ac12 companying this Act, or any use of deobligated balances 

13 of funds provided under this heading in previous years, 

14 shall be subject to the procedures set forth in section 505 

15 of this Act. 

16 PACIFIC COASTAL SALMON RECOVERY

17 For necessary expenses associated with the restora18 tion of Pacific salmon populations, $90,000,000. 

19 COASTAL ZONE MANAGEMENT FUND

20 (INCLUDING TRANSFER OF FUNDS)

21 Of amounts collected pursuant to section 308 of the 

22 Coastal Zone Management Act of 1972 (16 U.S.C. 

23 1456a), not to exceed $3,000,000 shall be transferred to 

24 the ‘‘Operations, Research, and Facilities’’ account to off25 set the costs of implementing such Act. 
18 

S 1745 PCS 

1 FISHERIES FINANCE PROGRAM ACCOUNT

2 Subject to section 502 of the Congressional Budget 

3 Act of 1974, during fiscal year 2008, obligations of direct 

4 loans may not exceed $8,000,000 for Individual Fishing 

5 Quota loans as authorized by the Merchant Marine Act 

6 of 1936. 

7 OTHER

8 DEPARTMENTAL MANAGEMENT

9 SALARIES AND EXPENSES

10 For expenses necessary for the departmental manage11 ment of the Department of Commerce provided for by law, 

12 including not to exceed $5,000 for official entertainment, 

13 $53,193,000. 

14 HCHB RENOVATION AND MODERNIZATION

15 For expenses necessary for the renovation and mod16 ernization of the Herbert C. Hoover Building, $5,100,000, 

17 to remain available until expended. 

18 OFFICE OF INSPECTOR GENERAL

19 For necessary expenses of the Office of Inspector 

20 General in carrying out the provisions of the Inspector 

21 General Act of 1978 (5 U.S.C. App.), $23,426,000. 

22 NATIONAL INTELLECTUAL PROPERTY LAW

23 ENFORCEMENT COORDINATION COUNCIL

24 For necessary expenses of the National Intellectual 

25 Property Law Enforcement Coordination Council to co26 ordinate domestic and international intellectual property 
19 

S 1745 PCS 

1 protection and law enforcement relating to intellectual 

2 property among Federal and foreign entities, $1,000,000. 

3 GENERAL PROVISIONS—DEPARTMENT OF COMMERCE

4 (INCLUDING TRANSFER OF FUNDS)

5 SEC. 101. During the current fiscal year, applicable 

6 appropriations and funds made available to the Depart7 ment of Commerce by this Act shall be available for the 

8 activities specified in the Act of October 26, 1949 (15 

9 U.S.C. 1514), to the extent and in the manner prescribed 

10 by the Act, and, notwithstanding 31 U.S.C. 3324, may 

11 be used for advanced payments not otherwise authorized 

12 only upon the certification of officials designated by the 

13 Secretary of Commerce that such payments are in the 

14 public interest. 

15 SEC. 102. During the current fiscal year, appropria16 tions made available to the Department of Commerce by 

17 this Act for salaries and expenses shall be available for 

18 hire of passenger motor vehicles as authorized by 31 

19 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 

20 3109; and uniforms or allowances therefor, as authorized 

21 by law (5 U.S.C. 5901–5902). 

22 SEC. 103. Not to exceed 5 percent of any appropria23 tion made available for the current fiscal year for the De24 partment of Commerce in this Act may be transferred be25 tween such appropriations, but no such appropriation shall 
20 

S 1745 PCS 

1 be increased by more than 10 percent by any such trans2 fers: Provided, That any transfer pursuant to this section 

3 shall be treated as a reprogramming of funds under sec4 tion 505 of this Act and shall not be available for obliga5 tion or expenditure except in compliance with the proce6 dures set forth in that section: Provided further, That the 

7 Secretary of Commerce shall notify the Senate Committee 

8 on Appropriations at least 15 days in advance of the ac9 quisition or disposal of any capital asset (including land, 

10 structures, and equipment) not specifically provided for in 

11 this or any other Departments of Commerce, Justice, 

12 Science, and Related Agencies Appropriations Act: Pro13 vided further, That for the National Oceanic and Atmos14 pheric Administration this section shall provide for trans15 fers among appropriations made only to the National Oce16 anic and Atmospheric Administration and such appropria17 tions may not be transferred and reprogrammed to other 

18 Department of Commerce bureaus and appropriation ac19 counts. 

20 SEC. 104. Any costs incurred by a department or 

21 agency funded under this title resulting from personnel 

22 actions taken in response to funding reductions included 

23 in this title or from actions taken for the care and protec24 tion of loan collateral or grant property shall be absorbed 

25 within the total budgetary resources available to such de-
21 

S 1745 PCS 

1 partment or agency: Provided, That the authority to trans2 fer funds between appropriations accounts as may be nec3 essary to carry out this section is provided in addition to 

4 authorities included elsewhere in this Act: Provided fur5 ther, That use of funds to carry out this section shall be 

6 treated as a reprogramming of funds under section 505 

7 of this Act and shall not be available for obligation or ex8 penditure except in compliance with the procedures set 

9 forth in that section. 

10 SEC. 105. EXTENSION OF GUARANTEE AUTHORITY. 

11 (a) IN GENERAL.—Section 101(k) of the Emergency Steel 

12 Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is 

13 amended by striking ‘‘2007’’ and inserting ‘‘2009’’. 

14 (b) CONFORMING AMENDMENTS.—Paragraphs (1) 

15 and (2) of section 101(b) of the Emergency Steel Loan 

16 Guarantee Act of 1999 (15 U.S.C. 1841 note) are each 

17 amended by striking ‘‘in 1998’’ and inserting ‘‘since 

18 1998’’. 

19 (c) DEFINITION OF QUALIFIED STEEL COMPANY.— 

20 Subparagraph (C) of section 101(c)(3) of the Emergency 

21 Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) 

22 is amended by striking ‘‘, in 1998’’ and inserting ‘‘in 

23 1998, and thereafter,’’. 

24 (d) SALARIES AND ADMINISTRATIVE EXPENSES.— 

25 The Emergency Steel Loan Guarantee Act of 1999 (15 
22 

S 1745 PCS 

1 U.S.C. 1841 note) is amended by adding at the end the 

2 following: 

3 ‘‘SEC. 103. SALARIES AND ADMINISTRATIVE EXPENSES. 

4 ‘‘(a) In addition to funds made available under sec5 tion 101(j) of the Emergency Steel Loan Guarantee Act 

6 of 1999 (15 U.S.C. 1841 note), up to $1,000,000 in funds 

7 made available under section 101(f) of such Act may be 

8 used for salaries and administrative expenses to admin9 ister the Emergency Steel Loan Guarantee Program. 

10 ‘‘(b) Funds made available for salaries and adminis11 trative expenses to administer the Emergency Steel Loan 

12 Guarantee Program shall remain available until ex13 pended.’’. 

14 SEC. 106. Notwithstanding any other provision of 

15 law, no funds appropriated under this Act shall be used 

16 to register, issue, transfer, or enforce any trademark of 

17 the phrase ‘‘Last Best Place’’. 

18 SEC. 107. Section 3315(b) of title 19, United States 

19 Code, is amended by inserting ‘‘, including food when se20 questered,’’ following ‘‘for the establishment and oper21 ations of the United States Section and for the payment 

22 of the United States share of the expenses’’. 

23 SEC. 108. Notwithstanding the requirements of sub24 section 4703(d), the personnel management demonstra25 tion project established by the Department of Commerce 
23 

S 1745 PCS 

1 pursuant to 5 U.S.C. 4703 may be expanded to involve 

2 more than 5,000 individuals, and is extended indefinitely. 

3 SEC. 109. (a) The Stevenson-Wydler Technology In4 novation Act of 1980 (Public Law 96–480), as amended, 

5 is amended by: 

6 (1) deleting section 5; 

7 (2) deleting paragraphs (1) and (3) of section 

8 4; and 

9 (3) redesignating paragraphs (2) and (4) 

10 through (13) as paragraphs (1) through (11). 

11 (b) Section 212(b) of the National Technical Infor12 mation Act of 1988 (Public Law 100–519), as amended, 

13 is amended by striking ‘‘Under Secretary of Commerce for 

14 Technology’’ and inserting ‘‘Director of the National Insti15 tute of Standards and Technology’’. 

16 SEC. 110. The Secretary of Commerce is permitted 

17 to prescribe and enforce standards or regulations affecting 

18 safety and health in the context of scientific and occupa19 tional diving within the National Oceanic and Atmospheric 

20 Administration. 

21 SEC. 111. NOAA PACIFIC REGIONAL CENTER. (a) IN

22 GENERAL.—The National Oceanic and Atmospheric Ad23 ministration (NOAA) is authorized to engage in planning, 

24 design, acquisition, renovation, construction and related 

25 activities to complete NOAA’s Pacific Regional Center on 
24 

S 1745 PCS 

1 Ford Island, Hawaii, consisting of the following: adaptive 

2 re-use and renovation of hangars 175 and 176, and con3 struction of a new interconnecting building and other re4 lated structures. Funds are hereby authorized to be appro5 priated for fiscal years beginning after September 2007 

6 for purposes of completing the Center. 

7 (b) INCREMENTAL FUNDING.—Of the funds appro8 priated elsewhere in this Act, $20,250,000 are available 

9 for obligation and expenditure as an additional increment 

10 to funds previously appropriated for the NOAA Pacific 

11 Regional Center. These funds may be expended incremen12 tally through multiple year contracts for design, construc13 tion and related activities for the Center; and remain 

14 available until expended. 

15 SEC. 112. PAPAHA ̄NAUMOKUA ̄KEA FISHERY REDUC16 TION. (a) IN GENERAL.—The Papaha ̄naumokua ̄kea Ma17 rine National Monument was created by Presidential proc18 lamation on June 15, 2006 to protect more than 7,000 

19 marine and terrestrial species including protection for the 

20 habitat for the endangered Hawaiian monk seal, threat21 ened Hawaiian green sea turtle and other marine species. 

22 The Presidential proclamation will phase out all commer23 cial fishing by June 15, 2011. The Secretary of Commerce 

24 is authorized to conduct a voluntary capacity reduction 
25 

S 1745 PCS 

1 program to remove all commercial fishing capacity in the 

2 area prior to that date. 

3 (b) REGULATIONS.—The Secretary shall promulgate 

4 regulations for the voluntary capacity reduction program 

5 that: 

6 (1) identifies eligible participants as those indi7 viduals engaged in commercial fishing in the des8 ignated waters within the Papaha ̄naumokua ̄kea Ma9 rine National Monument pursuant to a valid com10 mercial Federal fishing permit in the 2006 fishing 

11 season; 

12 (2) provides a mechanism to compensate eligible 

13 participants for no more than the economic value of 

14 their permits, their vessels or vessel endorsements, 

15 and fishing gear; 

16 (3) ensures that commercial fishing vessels of 

17 eligible participants cannot be used in fishing any18 where in the world; 

19 (4) for the commercial fishing vessels of eligible 

20 participants, ensures 

21 (A) that documentation be provided show22 ing that such vessel has been scrapped or scut23 tled or, 

24 (B) that the Secretary of the department 

25 in which the Coast Guard is operating places a 
26 

S 1745 PCS 

1 title restriction on the fishing vessel perma2 nently prohibiting and effectively preventing its 

3 use in fishing, and 

4 (C) that the vessel must remain in Federal 

5 documentation and that the Maritime Adminis6 tration will prohibit the reflagging of the vessel. 

7 (c) AUTHORIZATION.—There is authorized no more 

8 than $7,500,000 and there is appropriated $7,500,000 of 

9 the amount provided in this Act for National Oceanic and 

10 Atmospheric Administration’s ‘‘Operations, research, and 

11 facilities’’ to implement this program. 

12 (d) CLARIFICATION.—Nothing in this section is in13 tended to enlarge or diminish Federal or State title, juris14 diction, or authority with respect to the waters of the 

15 Northwestern Hawaiian Islands or the tidal or submerged 

16 lands under any provision of State or Federal law. 

17 SEC. 113. NIST BUILDING 1 EXTENSION. Of the 

18 funds appropriated elsewhere in this Act, $28,000,000 are 

19 available for obligation and expenditure as an additional 

20 increment to funds previously appropriated for this 

21 project. These funds may be expended incrementally 

22 through multiple year contracts for design, construction 

23 and related activities for the Building 1 Extension; and 

24 remain available until expended. 
27 

S 1745 PCS 

1 This title may be cited as the ‘‘Department of Com2 merce Appropriations Act, 2008’’. 

3 TITLE II 

4 DEPARTMENT OF JUSTICE 

5 GENERAL ADMINISTRATION

6 SALARIES AND EXPENSES

7 For expenses necessary for the administration of the 

8 Department of Justice, $104,777,000, of which not to ex9 ceed $3,317,000 is for security and construction of De10 partment of Justice facilities, to remain available until ex11 pended: Provided, That the Attorney General is authorized 

12 to transfer funds appropriated within General Administra13 tion to any office in this account: Provided further, That 

14 no appropriations for any office within General Adminis15 tration shall be increased or decreased by more than 5 

16 percent by all such transfers: Provided further, That 

17 $12,684,000 is for Department Leadership; $7,664,000 is 

18 for Intergovernmental Relations/External Affairs; 

19 $11,832,000 is for Executive Support/Professional Re20 sponsibility; and $72,597,000 is for the Justice Manage21 ment Division: Provided further, That any change in fund22 ing greater than 5 percent shall be submitted for approval 

23 to the Senate Committee on Appropriations consistent 

24 with the terms of section 505 of this Act: Provided further, 

25 That this transfer authority is in addition to transfers au-
28 

S 1745 PCS 

1 thorized under section 505 of this Act: Provided further, 

2 That not to exceed $30,000 shall be available for official 

3 reception and representation expenses. 

4 JUSTICE INFORMATION SHARING TECHNOLOGY

5 For necessary expenses for information sharing tech6 nology, including planning, development, deployment and 

7 Departmental direction, $95,795,000, to remain available 

8 until expended: Provided, That, of the funds available, up 

9 to $21,000,000 is for the unified financial management 

10 system to be administered by the Unified Financial Man11 agement System Executive Council. 

12 TACTICAL LAW ENFORCEMENT WIRELESS

13 COMMUNICATIONS

14 For the costs of conversion to narrowband commu15 nications, including the cost for operation and mainte16 nance of Land Mobile Radio legacy systems, $76,353,000, 

17 to remain available until September 30, 2009: Provided, 

18 That the Attorney General shall transfer to this account 

19 all funds made available to the Department of Justice for 

20 the purchase of portable and mobile radios: Provided fur21 ther, That any transfer made under the preceding proviso 

22 shall be subject to section 505 of this Act: Provided fur23 ther, That the Attorney General shall transfer to the 

24 ‘‘Narrowband Communications/Integrated Wireless Net25 work’’ account all funds made available in this Act to the 

26 Department of Justice for the purchase of portable and 
29 

S 1745 PCS 

1 mobile radios and related infrastructure and any transfer 

2 made under this section shall be subject to section 505 

3 of this Act. 

4 ADMINISTRATIVE REVIEW AND APPEALS

5 For expenses necessary for the administration of par6 don and clemency petitions and immigration-related activi7 ties, $251,499,000, of which $4,000,000 shall be derived 

8 by transfer from the Executive Office for Immigration Re9 view fees deposited in the ‘‘Immigration Examinations 

10 Fee’’ account: Provided, That $4,000,000 shall be ex11 pended on the Executive Office for Immigration Review’s 

12 Legal Orientation Programs. 

13 DETENTION TRUSTEE

14 For necessary expenses of the Federal Detention 

15 Trustee, $1,265,872,000: Provided, That the Trustee shall 

16 be responsible for managing the Justice Prisoner and 

17 Alien Transportation System and for overseeing housing 

18 related to such detention: Provided further, That any un19 obligated balances available in prior years from the funds 

20 appropriated under the heading ‘‘Federal Prisoner Deten21 tion’’ shall be transferred to and merged with the appro22 priation under the heading ‘‘Detention Trustee’’ and shall 

23 be available until expended: Provided further, That funds 

24 not to exceed $5,000,000 shall be considered ‘‘funds ap25 propriated for State and local law enforcement assistance’’ 

26 pursuant to 18 U.S.C. 4013(b). 
30 

S 1745 PCS 

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General, $73,700,000, including not to exceed $10,000 to 

4 meet unforeseen emergencies of a confidential character. 

5 UNITED STATES PAROLE COMMISSION

6 SALARIES AND EXPENSES

7 For necessary expenses of the United States Parole 

8 Commission as authorized, $12,194,000. 

9 LEGAL ACTIVITIES

10 GENERAL LEGAL ACTIVITIES

11 SALARIES AND EXPENSES

12 (INCLUDING TRANSFER OF FUNDS)

13 For expenses necessary for the legal activities of the 

14 Department of Justice, not otherwise provided for, includ15 ing not to exceed $20,000 for expenses of collecting evi16 dence, to be expended under the direction of, and to be 

17 accounted for solely under the certificate of, the Attorney 

18 General; and rent of private or Government-owned space 

19 in the District of Columbia, $753,000,000, of which not 

20 to exceed $10,000,000 is for litigation support contracts 

21 and shall remain available until expended: Provided, That 

22 of the total amount appropriated, not to exceed $1,000 

23 shall be available to the United States National Central 

24 Bureau, INTERPOL, for official reception and represen25 tation expenses: Provided further, That notwithstanding 

26 section 105 of this Act, upon a determination by the At-
31 

S 1745 PCS 

1 torney General that emergent circumstances require addi2 tional funding for litigation activities of the Civil Division, 

3 the Attorney General may transfer such amounts to ‘‘Sal4 aries and Expenses, General Legal Activities’’ from avail5 able appropriations for the current fiscal year for the De6 partment of Justice, as may be necessary to respond to 

7 such circumstances: Provided further, That any transfer 

8 pursuant to the previous proviso shall be treated as a re9 programming under section 505 of this Act and shall not 

10 be available for obligation or expenditure except in compli11 ance with the procedures set forth in that section: Pro12 vided further, That in addition there is hereby appro13 priated $6,833,000 for reimbursement of expenses of the 

14 Department of Justice associated with processing cases 

15 under the National Childhood Vaccine Injury Act of 1986, 

16 to be appropriated from the Vaccine Injury Compensation 

17 Trust Fund. 

18 ANTITRUST DIVISION

19 SALARIES AND EXPENSES

20 For expenses necessary for the enforcement of anti21 trust and kindred laws, $155,097,000, to remain available 

22 until expended: Provided, That, notwithstanding any other 

23 provision of law, not to exceed $139,000,000 of offsetting 

24 collections derived from fees collected for premerger notifi25 cation filings under the Hart-Scott-Rodino Antitrust Im26 provements Act of 1976 (15 U.S.C. 18a), regardless of 
32 

S 1745 PCS 

1 the year of collection, shall be retained and used for nec2 essary expenses in this appropriation, and shall remain 

3 available until expended: Provided further, That the sum 

4 herein appropriated from the general fund shall be re5 duced as such offsetting collections are received during fis6 cal year 2008, so as to result in a final fiscal year 2008 

7 appropriation from the general fund estimated at not more 

8 than $16,097,000. 

9 UNITED STATES ATTORNEYS

10 SALARIES AND EXPENSES

11 For necessary expenses of the Offices of the United 

12 States Attorneys, including inter-governmental and coop13 erative agreements, $1,747,822,000: Provided, That of the 

14 total amount appropriated, not to exceed $8,000,000 shall 

15 be available for official reception and representation ex16 penses: Provided further, That not to exceed $20,000,000 

17 shall remain available until expended. 

18 UNITED STATES TRUSTEE SYSTEM FUND

19 For necessary expenses of the United States Trustee 

20 Program, as authorized, $231,899,000, to remain avail21 able until expended and to be derived from the United 

22 States Trustee System Fund: Provided, That, notwith23 standing any other provision of law, deposits to the Fund 

24 shall be available in such amounts as may be necessary 

25 to pay refunds due depositors: Provided further, That, not26 withstanding any other provision of law, $184,000,000 of 
33 

S 1745 PCS 

1 offsetting collections pursuant to 28 U.S.C. 589a(b) shall 

2 be retained and used for necessary expenses in this appro3 priation and shall remain available until expended: Pro4 vided further, That the sum herein appropriated from the 

5 Fund shall be reduced as such offsetting collections are 

6 received during fiscal year 2008, so as to result in a final 

7 fiscal year 2008 appropriation from the Fund estimated 

8 at $0. 

9 FOREIGN CLAIMS SETTLEMENT COMMISSION

10 SALARIES AND EXPENSES

11 For expenses necessary to carry out the activities of 

12 the Foreign Claims Settlement Commission, including 

13 services as authorized by section 3109 of title 5, United 

14 States Code, $1,709,000. 

15 UNITED STATES MARSHALS SERVICE

16 SALARIES AND EXPENSES

17 For necessary expenses of the United States Mar18 shals Service, $896,860,000; of which not to exceed 

19 $20,000 shall be available for official reception and rep20 resentation expenses; of which not to exceed $4,000,000 

21 shall be for information technology systems and shall re22 main available until expended: Provided, That not less 

23 than $12,397,000 shall be available for the costs of court24 house security equipment, including furnishings, reloca25 tions, and telephone systems and cabling, and shall remain 

26 available until expended. 
34 

S 1745 PCS 

1 CONSTRUCTION

2 For construction in space controlled, occupied, or uti3 lized by the United States Marshals Service, $8,015,000, 

4 to remain available until expended. 

5 FEES AND EXPENSES OF WITNESSES

6 For fees and expenses of witnesses, for expenses of 

7 contracts for the procurement and supervision of expert 

8 witnesses, for private counsel expenses, including ad9 vances, and for expenses of foreign counsel, $168,300,000, 

10 to remain available until expended: Provided, That, not to 

11 exceed $10,000,000 may be made available for construc12 tion of buildings for protected witness safesites: Provided 

13 further, That not to exceed $3,000,000 may be made avail14 able for the purchase and maintenance of armored and 

15 other vehicles for witness security caravans: Provided fur16 ther, That not to exceed $9,000,000 may be made avail17 able for the purchase, installation, maintenance, and up18 grade of secure telecommunications equipment and a se19 cure automated information network to store and retrieve 

20 the identities and locations of protected witnesses. 

21 COMMUNITY RELATIONS SERVICE

22 SALARIES AND EXPENSES

23 For necessary expenses of the Community Relations 

24 Service, $10,230,000: Provided, That notwithstanding sec25 tion 105 of this Act, upon a determination by the Attorney 
35 

S 1745 PCS 

1 General that emergent circumstances require additional 

2 funding for conflict resolution and violence prevention ac3 tivities of the Community Relations Service, the Attorney 

4 General may transfer such amounts to the Community Re5 lations Service, from available appropriations for the cur6 rent fiscal year for the Department of Justice, as may be 

7 necessary to respond to such circumstances: Provided fur8 ther, That any transfer pursuant to the previous proviso 

9 shall be treated as a reprogramming under section 505 

10 of this Act and shall not be available for obligation or ex11 penditure except in compliance with the procedures set 

12 forth in that section. 

13 ASSETS FORFEITURE FUND

14 For expenses authorized by subparagraphs (B), (F), 

15 and (G) of section 524(c)(1) of title 28, United States 

16 Code, $20,990,000, to be derived from the Department 

17 of Justice Assets Forfeiture Fund. 

18 NATIONAL SECURITY DIVISION

19 SALARIES AND EXPENSES

20 For expenses necessary to carry out the activities of 

21 the National Security Division, $78,056,000; of which not 

22 to exceed $5,000,000 for information technology systems 

23 shall remain available until expended: Provided, That not24 withstanding section 204 of this Act, upon a determina25 tion by the Attorney General that emergent circumstances 

26 require additional funding for the activities of the National 
36 

S 1745 PCS 

1 Security Division, the Attorney General may transfer such 

2 amounts to this heading from available appropriations for 

3 the current fiscal year for the Department of Justice, as 

4 may be necessary to respond to such circumstances: Pro5 vided further, That any transfer pursuant to the previous 

6 proviso shall be treated as a reprogramming under section 

7 505 of this Act and shall not be available for obligation 

8 or expenditure except in compliance with the procedures 

9 set forth in that section. 

10 INTERAGENCY LAW ENFORCEMENT

11 INTERAGENCY CRIME AND DRUG ENFORCEMENT

12 For necessary expenses for the identification, inves13 tigation, and prosecution of individuals associated with the 

14 most significant drug trafficking and affiliated money 

15 laundering organizations not otherwise provided for, to in16 clude inter-governmental agreements with State and local 

17 law enforcement agencies engaged in the investigation and 

18 prosecution of individuals involved in organized crime drug 

19 trafficking, $509,154,000, of which $50,000,000 shall re20 main available until expended: Provided, That any 

21 amounts obligated from appropriations under this heading 

22 may be used under authorities available to the organiza23 tions reimbursed from this appropriation. 
37 

S 1745 PCS 

1 FEDERAL BUREAU OF INVESTIGATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Federal Bureau of In4 vestigation for detection, investigation, and prosecution of 

5 crimes against the United States, $6,372,250,000; of 

6 which not to exceed $150,000,000 shall remain available 

7 until expended; and of which $2,308,580,000 shall be for 

8 counterterrorism investigations, foreign counterintel9 ligence, and other activities related to national security: 

10 Provided, That not to exceed $205,000 shall be available 

11 for official reception and representation expenses: Pro12 vided further, That not to exceed $170,000 shall be avail13 able for expenses associated with the celebration of the 

14 100th anniversary of the FBI. 

15 CONSTRUCTION

16 For necessary expenses to construct or acquire build17 ings and sites by purchase, or as otherwise authorized by 

18 law (including equipment for such buildings); conversion 

19 and extension of Federally-owned buildings; and prelimi20 nary planning and design of projects; $206,400,000, to 

21 remain available until expended: Provided, That 

22 $63,700,000 shall be available for Sensitive Compart23 mented Information Facilities (SCIFs). 
38 

S 1745 PCS 

1 DRUG ENFORCEMENT ADMINISTRATION

2 SALARIES AND EXPENSES

3 For necessary expenses of the Drug Enforcement Ad4 ministration, including not to exceed $70,000,000 to meet 

5 unforeseen emergencies of a confidential character pursu6 ant to section 530C of title 28, United States Code; ex7 penses for conducting drug education and training pro8 grams, including travel and related expenses for partici9 pants in such programs and the distribution of items of 

10 token value that promote the goals of such programs, 

11 $1,854,157,000; of which not to exceed $75,000,000 shall 

12 remain available until expended; and of which not to ex13 ceed $100,000 shall be available for official reception and 

14 representation expenses. 

15 BUREAU OF ALCOHOL, TOBACCO, FIREARMS, AND

16 EXPLOSIVES

17 SALARIES AND EXPENSES

18 For necessary expenses of the Bureau of Alcohol, To19 bacco, Firearms, and Explosives, including not to exceed 

20 $50,000 for official reception and representation expenses; 

21 for training of State and local law enforcement agencies 

22 with or without reimbursement, including training in con23 nection with the training and acquisition of canines for 

24 explosives and fire accelerants detection; and for provision 

25 of laboratory assistance to State and local law enforcement 
39 

S 1745 PCS 

1 agencies, with or without reimbursement, $1,013,980,000, 

2 of which not to exceed $1,000,000 shall be available for 

3 the payment of attorneys’ fees as provided by section 

4 924(d)(2) of title 18, United States Code; and of which 

5 $10,000,000 shall remain available until expended: Pro6 vided, That no funds appropriated herein shall be available 

7 for salaries or administrative expenses in connection with 

8 consolidating or centralizing, within the Department of 

9 Justice, the records, or any portion thereof, of acquisition 

10 and disposition of firearms maintained by Federal fire11 arms licensees: Provided further, That no funds appro12 priated herein shall be used to pay administrative expenses 

13 or the compensation of any officer or employee of the 

14 United States to implement an amendment or amend15 ments to 27 CFR 178.118 or to change the definition of 

16 ‘‘curios or relics’’ in 27 CFR 178.11 or remove any item 

17 from ATF Publication 5300.11 as it existed on January 

18 1, 1994: Provided further, That none of the funds appro19 priated herein shall be available to investigate or act upon 

20 applications for relief from Federal firearms disabilities 

21 under 18 U.S.C. 925(c): Provided further, That such funds 

22 shall be available to investigate and act upon applications 

23 filed by corporations for relief from Federal firearms dis24 abilities under section 925(c) of title 18, United States 

25 Code: Provided further, That no funds made available by 
40 

S 1745 PCS 

1 this or any other Act may be used to transfer the func2 tions, missions, or activities of the Bureau of Alcohol, To3 bacco, Firearms, and Explosives to other agencies or De4 partments in fiscal year 2008: Provided further, That no 

5 funds appropriated under this or any other Act with re6 spect to any previous fiscal year, fiscal year 2008, and 

7 any fiscal year thereafter may be used to disclose all or 

8 part of any information received or generated by the Bu9 reau of Alcohol, Tobacco, Firearms and Explosives in con10 nection with any request to trace a firearm, or information 

11 required to be kept by licensees pursuant to 923(g) of title 

12 18, United States Code, or required to be reported pursu13 ant to paragraphs (3) and (7) of title 18, United States 

14 Code, except— 

15 (1) to an official of a Federal, State, tribal, 

16 local, or foreign law enforcement agency or a Fed17 eral, State, or local prosecutor, who certifies that the 

18 information is sought solely in connection with and 

19 for use in a bona fide criminal investigation or bona 

20 fide criminal prosecution, or for national security or 

21 intelligence purposes, and will not be used or dis22 closed for any other purpose; 

23 (2) for use in an action or proceeding com24 menced by the Attorney General to enforce the pro25 visions of chapter 44 of title 18, United States Code; 
41 

S 1745 PCS 

1 chapter 53 of title 26, United States Code; chapter 

2 3 of the Arms Export Control Act; or a review of 

3 such an action or proceeding; or 

4 (3) for use in an action or proceeding com5 menced by the Secretary of the Treasury to enforce 

6 part III of subchapter D of chapter 32 of the Inter7 nal Revenue Code of 1986, or a review of such an 

8 action or proceeding: 

9 Provided further, That nothing in the previous proviso 

10 shall be construed to prevent the sharing or exchange of 

11 such information among and between Federal, State, trib12 al, local or foreign law enforcement agencies or Federal, 

13 State, or local prosecutors, or national security, intel14 ligence, or counterterrorism officials, provided that such 

15 information, regardless of its source, is shared, exchanged, 

16 or used solely in connection with bona fide criminal inves17 tigations or bona fide criminal prosecutions or for national 

18 security or intelligence purposes: Provided further, That 

19 information in the Firearms Trace System database main20 tained by the National Trace Center, including all infor21 mation received or generated by of the Bureau of Alcohol, 

22 Tobacco, Firearms and Explosives shall be immune from 

23 legal process, shall not be subject to subpoena or other 

24 discovery, shall not be used, relied on, or disclosed in any 

25 manner, and, regardless of when disclosed including pre-
42 

S 1745 PCS 

1 viously disclosed information, shall not be admissible as 

2 evidence, nor shall testimony or other evidence based on 

3 such data be admissible as evidence, in any civil action 

4 pending on or filed after the effective date of this subpara5 graph in any State or Federal court (including any court 

6 in the District of Columbia), or in any administrative pro7 ceeding other than a proceeding commenced by the Bu8 reau of Alcohol, Tobacco, Firearms and Explosives to en9 force the provisions of chapter 44 of title 18, United 

10 States Code; chapter 53 of title 26, United States Code; 

11 chapter 3 of the Arms Export Control Act; a proceeding 

12 commenced by the Secretary of the Treasury to enforce 

13 part III of subchapter D of chapter 32 of the Internal 

14 Revenue Code of 1986; or judicial review of such actions 

15 or proceedings. This provision shall not be construed to 

16 prevent the disclosure of statistical information concerning 

17 total production, importation, and exportation by each li18 censed importer (as defined in section 921(a)(19) of title 

19 18) and licensed manufacturer (as defined in section 

20 921(a)(10) of title 18): Provided, That no funds made 

21 available by this or any other Act shall be expended to 

22 promulgate or implement any rule requiring a physical in23 ventory of any business licensed under section 923 of title 

24 18, United States Code: Provided further, That no funds 

25 under this Act may be used to electronically retrieve infor-
43 

S 1745 PCS 

1 mation gathered pursuant to 18 U.S.C. 923(g)(4) by 

2 name or any personal identification code: Provided further, 

3 That no funds authorized or made available under this or 

4 any other Act may be used to deny any application for 

5 a license under section 923 of title 18, United States Code, 

6 or renewal of such a license due to a lack of business activ7 ity, provided that the applicant is otherwise eligible to re8 ceive such a license, and is eligible to report business in9 come or to claim an income tax deduction for business ex10 penses under the Internal Revenue Code of 1986: Provided 

11 further, That notwithstanding any other provision of law, 

12 home to work transportation currently allotted to Bureau 

13 of Alcohol, Tobacco, Firearms and Explosives field oper14 ations is extended to headquarters executive Special 

15 Agents and designees. 

16 CONSTRUCTION

17 For necessary expenses to construct or acquire build18 ings and sites by purchase, or as otherwise authorized by 

19 law (including equipment for such buildings); conversion 

20 and extension of federally-owned buildings; and prelimi21 nary planning and design or projects; $35,000,000, to re22 main available until expended. 

23 FEDERAL PRISON SYSTEM

24 SALARIES AND EXPENSES

25 For necessary expenses of the Federal Prison System 

26 for the administration, operation, and maintenance of 
44 

S 1745 PCS 

1 Federal penal and correctional institutions, including pur2 chase (not to exceed 640, of which 605 are for replacement 

3 only) and hire of law enforcement and passenger motor 

4 vehicles, and for the provision of technical assistance and 

5 advice on corrections related issues to foreign govern6 ments, $5,151,440,000: Provided, That the Attorney Gen7 eral may transfer to the Health Resources and Services 

8 Administration such amounts as may be necessary for di9 rect expenditures by that Administration for medical relief 

10 for inmates of Federal penal and correctional institutions: 

11 Provided further, That the Director of the Federal Prison 

12 System, where necessary, may enter into contracts with 

13 a fiscal agent or fiscal intermediary claims processor to 

14 determine the amounts payable to persons who, on behalf 

15 of the Federal Prison System, furnish health services to 

16 individuals committed to the custody of the Federal Prison 

17 System: Provided further, That not to exceed $6,000 shall 

18 be available for official reception and representation ex19 penses: Provided further, That not to exceed $50,000,000 

20 shall remain available for necessary operations until Sep21 tember 30, 2009: Provided further, That, of the amounts 

22 provided for Contract Confinement, not to exceed 

23 $20,000,000 shall remain available until expended to 

24 make payments in advance for grants, contracts and reim25 bursable agreements, and other expenses authorized by 
45 

S 1745 PCS 

1 section 501(c) of the Refugee Education Assistance Act 

2 of 1980 (8 U.S.C. 1522 note), for the care and security 

3 in the United States of Cuban and Haitian entrants: Pro4 vided further, That the Director of the Federal Prison Sys5 tem may accept donated property and services relating to 

6 the operation of the prison card program from a not-for7 profit entity which has operated such program in the past 

8 notwithstanding the fact that such not-for-profit entity 

9 furnishes services under contracts to the Federal Prison 

10 System relating to the operation of pre-release services, 

11 halfway houses, or other custodial facilities. 

12 BUILDINGS AND FACILITIES

13 For planning, acquisition of sites and construction of 

14 new facilities; purchase and acquisition of facilities and re15 modeling, and equipping of such facilities for penal and 

16 correctional use, including all necessary expenses incident 

17 thereto, by contract or force account; and constructing, 

18 remodeling, and equipping necessary buildings and facili19 ties at existing penal and correctional institutions, includ20 ing all necessary expenses incident thereto, by contract or 

21 force account, $495,000,000, to remain available until ex22 pended, of which not to exceed $14,000,000 shall be avail23 able to construct areas for inmate work programs: Pro24 vided, That labor of United States prisoners may be used 

25 for work performed under this appropriation. 
46 

S 1745 PCS 

1 FEDERAL PRISON INDUSTRIES, INCORPORATED

2 The Federal Prison Industries, Incorporated, is here3 by authorized to make such expenditures, within the limits 

4 of funds and borrowing authority available, and in accord 

5 with the law, and to make such contracts and commit6 ments, without regard to fiscal year limitations as pro7 vided by section 9104 of title 31, United States Code, as 

8 may be necessary in carrying out the program set forth 

9 in the budget for the current fiscal year for such corpora10 tion, including purchase (not to exceed five for replace11 ment only) and hire of passenger motor vehicles. 

12 LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL

13 PRISON INDUSTRIES, INCORPORATED

14 Not to exceed $2,477,000 of the funds of the Federal 

15 Prison Industries, Incorporated shall be available for its 

16 administrative expenses, and for services as authorized by 

17 section 3109 of title 5, United States Code, to be com18 puted on an accrual basis to be determined in accordance 

19 with the corporation’s current prescribed accounting sys20 tem, and such amounts shall be exclusive of depreciation, 

21 payment of claims, and expenditures which such account22 ing system requires to be capitalized or charged to cost 

23 of commodities acquired or produced, including selling and 

24 shipping expenses, and expenses in connection with acqui25 sition, construction, operation, maintenance, improvement, 
47 

S 1745 PCS 

1 protection, or disposition of facilities and other property 

2 belonging to the corporation or in which it has an interest. 

3 OFFICE ON VIOLENCE AGAINST WOMEN

4 VIOLENCE AGAINST WOMEN PREVENTION AND

5 PROSECUTION PROGRAMS

6 For grants, contracts, cooperative agreements, and 

7 other assistance for the prevention and prosecution of vio8 lence against women as authorized by the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (42 U.S.C. 4711 

10 et seq.) (‘‘the 1968 Act’’); the Violent Crime Control and 

11 Law Enforcement Act of 1994 (Public Law 103–322; 108 

12 Stat. 1796) (‘‘the 1994 Act’’); the Prosecutorial Remedies 

13 and Other Tools to End the Exploitation of Children 

14 Today Act of 2003 (Public Law 108–21; 117 Stat. 650); 

15 the Juvenile Justice and Delinquency Prevention Act of 

16 1974 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’); the Vic17 tims of Trafficking and Violence Protection Act of 2000 

18 (Public Law 106–386; 114 Stat. 1464) (‘‘the 2000 Act’’); 

19 and the Violence Against Women and Department of Jus20 tice Reauthorization Act of 2005 (Public Law 109–162; 

21 119 Stat. 2960) (‘‘the 2005 Act’’); $390,000,000, includ22 ing amounts for administrative costs, to remain available 

23 until expended: Provided, That except as otherwise pro24 vided by law, not to exceed 3 percent of funds made avail25 able under this heading may be used for expenses related 
48 

S 1745 PCS 

1 to evaluation, training, and technical assistance: Provided 

2 further, That of the amount provided— 

3 (1) $1,500,000 is for grants for televised testi4 mony, as authorized by part N of the 1968 Act; 

5 (2) $186,500,000 is for grants to combat vio6 lence and violent crimes against women, as author7 ized by part T of the 1968 Act, of which— 

8 (A) $2,000,000 shall be for the National 

9 Institute of Justice for research and evaluation 

10 of violence against women; and 

11 (B) $17,000,000 shall be for transitional 

12 housing assistance grants for victims of domes13 tic violence, stalking, or sexual assault as au14 thorized by section 40299(a) of the 1994 Act; 

15 (3) $55,000,000 is for grants to encourage ar16 rest policies as authorized by part U of the 1968 

17 Act; 

18 (4) $39,500,000 is for rural domestic violence 

19 and child abuse enforcement assistance grants, as 

20 authorized by section 40295 of the 1994 Act; 

21 (5) $5,500,000 is for training programs to as22 sist probation and parole officers as authorized by 

23 section 40152 of the 1994 Act, and for related local 

24 demonstration projects; 
49 

S 1745 PCS 

1 (6) $3,900,000 is for grants to improve the 

2 stalking and domestic violence databases, as author3 ized by section 40602 of the 1994 Act; 

4 (7) $10,000,000 to reduce violent crimes 

5 against women on campus, as authorized by section 

6 304(a) of the 2005 Act; 

7 (8) $46,000,000 is for legal assistance for vic8 tims, as authorized by section 1201(c) of the 2000 

9 Act; 

10 (9) $4,500,000 is for enhancing protection for 

11 older and disabled women from domestic violence 

12 and sexual assault, as authorized by section 

13 40802(a) of the 1994 Act; 

14 (10) $14,500,000 is for the safe havens for 

15 children pilot program, as authorized by section 

16 1301(a) of the 2000 Act; 

17 (11) $7,100,000 is for education and training 

18 to end violence against and abuse of women with 

19 disabilities, as authorized by section 1402(a) of the 

20 2000 Act; 

21 (12) $10,000,000 is for sexual assault services, 

22 as authorized by section 202 of the 2005 Act; 

23 (13) $2,000,000 is for services to advocate and 

24 respond to youth, as authorized by section 401 of 

25 the 2005 Act; 
50 

S 1745 PCS 

1 (14) $2,000,000 is for grants to assist children 

2 and youth exposed to violence, as authorized by sec3 tion 303 of the 2005 Act; 

4 (15) $1,000,000 is for analysis and research on 

5 violence against Indian women, as authorized by sec6 tion 904 of the 2005 Act; and 

7 (16) $1,000,000 is for tracking of violence 

8 against Indian women, as authorized by section 905 

9 of the 2005 Act. 

10 OFFICE OF JUSTICE PROGRAMS

11 JUSTICE ASSISTANCE

12 For grants, contracts, cooperative agreements, and 

13 other assistance authorized by title I of the Omnibus 

14 Crime Control and Safe Streets Act of 1968; the Missing 

15 Children’s Assistance Act (42 U.S.C. 5771 et seq.); in16 cluding salaries and expenses in connection therewith, the 

17 Prosecutorial Remedies and Other Tools to end the Ex18 ploitation of Children Today Act of 2003 (Public Law 

19 108–21); the Justice for All Act of 2004 (Public Law 

20 108–405; 108 Stat. 2260); the Victims of Child Abuse Act 

21 of 1990 (Public Law 101–647; 104 Stat. 4792) (‘‘the 

22 1990 Act’’); the Violence Against Women and Department 

23 of Justice Reauthorization Act of 2005 (Public Law 109– 

24 162); and the Victims of Crime Act of 1984 (Public Law 

25 98–473; 98 Stat. 2170), $240,000,000, to remain avail-
51 

S 1745 PCS 

1 able until expended: Provided, That grants under subpara2 graphs (1)(A) and (B) of Public Law 98–473 are issued 

3 pursuant to rules or guidelines that generally establish a 

4 publicly-announced, competitive process: Provided further, 

5 That not more than $35,000,000 of balances made avail6 able as a result of prior year deobligations may be obli7 gated for program management and administration: Pro8 vided further, That any balances made available as a result 

9 of prior year deobligations in excess of $35,000,000 shall 

10 only be obligated in accordance with section 505 of this 

11 Act: Provided further, That amounts under this heading, 

12 or amounts transferred to and merged with this account, 

13 for salaries and expenses are for not less than 590 perma14 nent positions and not less than 600 full-time equivalent 

15 workyears. 

16 STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

17 For grants, contracts, cooperative agreements, and 

18 other assistance authorized by the Violent Crime Control 

19 and Law Enforcement Act of 1994 (Public Law 103–322) 

20 (‘‘the 1994 Act’’); the Omnibus Crime Control and Safe 

21 Streets Act of 1968 (‘‘the 1968 Act’’); the Justice for All 

22 Act of 2004 (Public Law 108–405); the Victims of Child 

23 Abuse Act of 1990 (Public Law 101–647; 104 Stat. 9792) 

24 (‘‘the 1990 Act’’); the Trafficking Victims Protection Re25 authorization Act of 2005 (Public Law 109–164; 119 
52 

S 1745 PCS 

1 Stat. 3558); the Violence Against Women and Department 

2 of Justice Reauthorization Act of 2005 (Public Law 109– 

3 162); and the Victims of Trafficking and Violence Protec4 tion Act of 2000 (Public Law 106–386); and other pro5 grams; $1,400,000,000 (including amounts for adminis6 trative costs, which shall be transferred to and merged 

7 with the ‘‘Justice Assistance’’ account): Provided, That 

8 funding provided under this heading shall remain available 

9 until expended, as follows— 

10 (1) $660,000,000 for the Edward Byrne Memo11 rial Justice Assistance Grant Program as authorized 

12 by subpart 1 of part E of title I of the 1968 Act, 

13 as amended by section 1111 of Public Law 109–162, 

14 of which— 

15 (A) $60,000,000 for Boys and Girls Clubs 

16 in public housing facilities and other areas in 

17 cooperation with State and local law enforce18 ment, as authorized by section 401 of the Eco19 nomic Espionage Act of 1996 (42 U.S.C. 13751 

20 note); and 

21 (B) $5,000,000 is for a program to im22 prove State and local law enforcement intel23 ligence capabilities including antiterrorism 

24 training and training to ensure that constitu25 tional rights, civil liberties, civil rights, and pri-
53 

S 1745 PCS 

1 vacy interests are protected throughout the in2 telligence process; 

3 (2) $400,000,000 for the State Criminal Alien 

4 Assistance Program, as authorized by section 

5 241(i)(5) of the Immigration and Nationality Act (8 

6 U.S.C. 1231(i)(5)), of which $30,000,000 for the 

7 Southwest Border Prosecutor Initiative to reimburse 

8 State, county, parish, tribal, or municipal govern9 ments only for costs associated with the prosecution 

10 of criminal cases declined by local United States At11 torneys offices; 

12 (3) $190,000,000 for discretionary grants, not13 withstanding the provisions of section 505 of the 

14 1968 Act; 

15 (4) $15,000,000 for victim services programs 

16 for victims of trafficking, as authorized by section 

17 107(b)(2) of Public Law 106–386; 

18 (5) $25,000,000 for Drug Courts, as authorized 

19 by section 1001(25)(A) of title I of the 1968 Act; 

20 (6) $10,000,000 for grants for residential sub21 stance abuse treatment for State prisoners, as au22 thorized by part S of the 1968 Act; 

23 (7) $25,000,000 for the Capital Litigation Im24 provement Grant Program as authorized by sections 

25 421, 422, and 426 of Public Law 108–405, to be 
54 

S 1745 PCS 

1 equally divided between the Capital Prosecution Im2 provement Grants and Capital Representation Im3 provement Grants; 

4 (8) $10,000,000 for mental health courts and 

5 adult and juvenile collaboration program grants, as 

6 authorized by parts V and HH of title I of the 1968 

7 Act; 

8 (9) $2,000,000 for the National Sex Offender 

9 Public Registry; 

10 (10) $1,000,000 for the Missing Alzheimer’s 

11 Disease Patient Alert Program, as authorized by 

12 section 240001(c) of Public Law 106–386; 

13 (11) $28,000,000 for assistance to Indian 

14 tribes, of which— 

15 (A) $15,000,000 shall be available for 

16 grants under section 201109(a)(2) of subtitle A 

17 of title II of the 1994 Act; 

18 (B) $8,000,000 shall be available for the 

19 Tribal Courts Initiative; and 

20 (C) $5,000,000 shall be available for dem21 onstration projects on alcohol and crime in In22 dian County; 

23 (12) $5,000,000 for prison rape prevention and 

24 prosecution programs, as authorized by the Prison 

25 Rape Elimination Act of 2003 (Public Law 108–79); 
55 

S 1745 PCS 

1 (13) $15,000,000 is for the court appointed ad2 vocate program, as authorized by section 217 of the 

3 1990 Act; 

4 (14) $4,000,000 is for child abuse training pro5 grams for judicial personnel and practitioners, as 

6 authorized by section 222 of the 1990 Act; and 

7 (15) $5,000,000 for prescription drug moni8 toring program: 

9 Provided further, That, if a unit of local government uses 

10 any of the funds made available under this title to increase 

11 the number of law enforcement officers, the unit of local 

12 government shall achieve a net gain in the number of law 

13 enforcement officers who perform nonadministrative pub14 lic safety service. 

15 WEED AND SEED PROGRAM FUND

16 For necessary expenses, including salaries and re17 lated expenses of the Executive Office for Weed and Seed, 

18 to implement ‘‘Weed and Seed’’ program activities, 

19 $50,000,000, to remain available until September 30, 

20 2008, for inter-governmental agreements, including 

21 grants, cooperative agreements, and contracts, with State 

22 and local law enforcement agencies, nonprofit organiza23 tions, and agencies of local government engaged in the in24 vestigation and prosecution of violent and gang-related 

25 crimes and drug offenses in ‘‘Weed and Seed’’ designated 
56 

S 1745 PCS 

1 communities, and for either reimbursements or transfers 

2 to appropriation accounts of the Department of Justice 

3 and other Federal agencies which shall be specified by the 

4 Attorney General to execute the ‘‘Weed and Seed’’ pro5 gram strategy: Provided, That funds designated by Con6 gress through language for other Department of Justice 

7 appropriation accounts for ‘‘Weed and Seed’’ program ac8 tivities shall be managed and executed by the Attorney 

9 General through the Executive Office for Weed and Seed: 

10 Provided further, That the Attorney General may direct 

11 the use of other Department of Justice funds and per12 sonnel in support of ‘‘Weed and Seed’’ program activities 

13 only after the Attorney General notifies the Senate Com14 mittee on Appropriations in accordance with section 505 

15 of this Act: Provided further, That of the funds appro16 priated for the Executive Office for Weed and Seed, not 

17 to exceed $2,000,000 shall be directed for comprehensive 

18 community development training and technical assistance. 

19 COMMUNITY ORIENTED POLICING SERVICES

20 (INCLUDING TRANSFER OF FUNDS)

21 For activities authorized by the Violent Crime Con22 trol and Law Enforcement Act of 1994 (Public Law 103– 

23 322) (including administrative costs), the Omnibus Crime 

24 Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’), 

25 the Justice for All Act of 2004 (Public Law 108–405), 
57 

S 1745 PCS 

1 the Violence Against Women and Department of Justice 

2 Reauthorization Act of 2005 (Public Law 109–162), the 

3 USA PATRIOT Improvement and Reauthorization Act 

4 (Public Law 109–177; 120 Stat. 192) (including adminis5 trative costs), the Prosecutorial Remedies and Other Tools 

6 to End the Exploitation of Children Today Act of 2003 

7 (Public Law 108–21), $550,000,000, to remain available 

8 until expended: Provided, That of the funds under this 

9 heading, not to exceed $2,575,000 shall be available for 

10 the Office of Justice Programs for any and all reimburs11 able services, functions and activities associated with pro12 grams administered by the Office of Community Oriented 

13 Policing Services including activities authorized by sec14 tions 1158 and 1159 of Public Law 109–162: Provided 

15 further, That section 1703(b) and (c) of the 1968 Act shall 

16 not apply to non-hiring grants made pursuant to part Q 

17 of title I (42 U.S.C. 3796dd et seq.): Provided further, 

18 That the $15,000,000 provided to the National Institute 

19 of Standards and Technology’s Office of Law Enforcement 

20 Standards under this section shall be transferred directly 

21 to the National Institute of Standards and Technology’s 

22 Office of Law Enforcement Standards from the Commu23 nity Oriented Policing Services Office: Provided further, 

24 That of the amounts provided— 
58 

S 1745 PCS 

1 (1) $25,000,000 is for the matching grant pro2 gram for law enforcement armor vests as authorized 

3 by section 2501 of part Y of the 1968 Act; 

4 (2) $80,000,000 is for policing initiatives to 

5 combat illegal methamphetamine production, sale 

6 and use in ‘‘drug hot spots’’ as authorized by section 

7 754 of Public Law 109–177; 

8 (3) $110,000,000 is for law enforcement tech9 nologies; 

10 (4) $5,000,000 is for grants to upgrade crimi11 nal records, as authorized under the Crime Identi12 fication Technology Act of 1998 (42 U.S.C. 14601); 

13 (5) $10,000,000 is for an offender re-entry pro14 gram; 

15 (6) $169,000,000 is for DNA analysis and ca16 pacity enhancement program, and for other State, 

17 local and Federal forensic activities, of which— 

18 (A) $151,000,000 for the Debbie Smith 

19 DNA Backlog Grants as authorized by Public 

20 Law 108–405 section 202; 

21 (B) $5,000,000 for the Kirk Bloodsworth 

22 Post-Conviction DNA Testing Grant Program 

23 as authorized by Public Law 108–405 section 

24 412 and section 413; 
59 

S 1745 PCS 

1 (C) $6,000,000 for DNA Training and 

2 Education for Law Enforcement, Correctional 

3 Personnel, and Court Officers as authorized by 

4 Public Law 108–405 section 303; 

5 (D) $5,000,000 for DNA Research and 

6 Development as authorized by Public Law 108– 

7 405 section 305; 

8 (E) $2,000,000 for the DNA Identification 

9 of Missing Persons as authorized by Public Law 

10 108–405 section 308; 

11 (7) $35,000,000 is for improving tribal law en12 forcement, including equipment and training assist13 ance to Indian tribes; 

14 (8) $6,000,000 is for training and technical as15 sistance; 

16 (9) $40,000,000 is for Paul Coverdell Forensic 

17 Sciences Improvement Grants under part BB of title 

18 I of the 1968 Act (42 U.S.C. 3797j et seq.); 

19 (10) $5,000,000 is for the National District At20 torneys Association to conduct prosecutorial training 

21 by the National Advocacy Center; 

22 (11) $55,000,000 is for a national grant pro23 gram to arrest and prosecute child predators as au24 thorized by section 1701(d) of part Q of title I of 
60 

S 1745 PCS 

1 the 1968 Act as amended by section 341 of Public 

2 Law 108–21; and 

3 (12) Funds not to exceed $11,000,000 is for 

4 program management and administration. 

5 JUVENILE JUSTICE PROGRAMS

6 For grants, contracts, cooperative agreements, and 

7 other assistance authorized by the Juvenile Justice and 

8 Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’), the 

9 Omnibus Crime Control and Safe Streets Act of 1968 

10 (‘‘the 1968 Act’’), the Violence Against Women and De11 partment of Justice Reauthorization Act of 2005 (Public 

12 Law 109–162), and other juvenile justice programs, in13 cluding salaries and expenses in connection therewith to 

14 be transferred to and merged with the appropriations for 

15 Justice Assistance, $340,000,000, to remain available 

16 until expended, as follows— 

17 (1) $500,000 is for coordination of Federal ef18 forts, as authorized by section 204 of the 1974 Act; 

19 (2) $73,000,000 is for State and local programs 

20 authorized by section 221 of the 1974 Act, including 

21 training and technical assistance to assist small, 

22 non-profit organizations with the Federal grants 

23 process; 
61 

S 1745 PCS 

1 (3) $76,500,000 is for demonstration projects, 

2 as authorized by sections 261 and 262 of the 1974 

3 Act; 

4 (4) $5,000,000 is for juvenile mentoring pro5 grams; 

6 (5) $65,000,000 is for delinquency prevention, 

7 as authorized by section 505 of the 1974 Act, of 

8 which— 

9 (A) $10,000,000 shall be for the Tribal 

10 Youth Program; and 

11 (B) $25,000,000 shall be for grants of 

12 $360,000 to each State and $6,640,000 shall be 

13 available for discretionary grants to States, for 

14 programs and activities to enforce State laws 

15 prohibiting the sale of alcoholic beverages to 

16 minors or the purchase or consumption of alco17 holic beverages by minors, prevention and re18 duction of consumption of alcoholic beverages 

19 by minors, and for technical assistance and 

20 training; 

21 (6) $10,000,000 is for the Secure Our Schools 

22 Act as authorized by part AA of the 1968 Act; 

23 (7) $20,000,000 for programs authorized by 

24 the Victims of Child Abuse Act of 1990; 
62 

S 1745 PCS 

1 (8) $80,000,000 for the Juvenile Accountability 

2 Block Grants program as authorized by part R of 

3 the 1968 Act and Guam shall be considered a State 

4 for the purpose of that program; and 

5 (9) $10,000,000 shall be for gang resistance 

6 education and training and programs: 

7 Provided, That not more than 2 percent of each amount 

8 may be used for research, evaluation, and statistics activi9 ties designed to benefit the programs or activities author10 ized: Provided further, That not more than 2 percent of 

11 each amount may be used for training and technical as12 sistance: Provided further, That the previous two provisos 

13 shall not apply to demonstration projects, as authorized 

14 by sections 261 and 262 of the 1974 Act. 

15 PUBLIC SAFETY OFFICERS BENEFITS

16 For payments and expenses authorized by part L of 

17 title I of the Omnibus Crime Control and Safe Streets Act 

18 of 1968 (42 U.S.C. 3796), such sums as are necessary, 

19 as authorized by section 6093 of Public Law 100–690 

20 (102 Stat. 4339–4340) (including amounts for adminis21 trative costs, which amounts shall be paid to the ‘‘Justice 

22 Assistance’’ account), to remain available until expended; 

23 and $5,000,000 for payments authorized by section 

24 1201(b) of such Act; and $4,100,000 for educational as25 sistance, as authorized by section 1212 of such Act: Pro26 vided, That, hereafter, funds available to conduct appeals 
63 

S 1745 PCS 

1 under section 1205(c) of the 1968 Act, which includes all 

2 claims processing, shall be available also for the same 

3 under subpart 2 of such part L and under any statute 

4 authorizing payment of benefits described under subpart 

5 1 thereof, and for appeals from final decisions of the Bu6 reau (under such part or any such statute) to the Court 

7 of Appeals for the Federal Circuit, which shall have exclu8 sive jurisdiction thereof (including those pending), and for 

9 expenses of representation of hearing examiners (who shall 

10 be presumed irrebuttably to enjoy quasi-judicial immunity 

11 in the discharge of their duties under such part or any 

12 such statute) in connection with litigation against them 

13 arising from such discharge. 

14 GENERAL PROVISIONS—DEPARTMENT OF JUSTICE

15 SEC. 201. None of the funds appropriated by this 

16 title shall be available to pay for an abortion, except where 

17 the life of the mother would be endangered if the fetus 

18 were carried to term, or in the case of rape: Provided, 

19 That should this prohibition be declared unconstitutional 

20 by a court of competent jurisdiction, this section shall be 

21 null and void. 

22 SEC. 202. None of the funds appropriated under this 

23 title shall be used to require any person to perform, or 

24 facilitate in any way the performance of, any abortion. 
64 

S 1745 PCS 

1 SEC. 203. Nothing in the preceding section shall re2 move the obligation of the Director of the Bureau of Pris3 ons to provide escort services necessary for a female in4 mate to receive such service outside the Federal facility: 

5 Provided, That nothing in this section in any way dimin6 ishes the effect of section 202 intended to address the phil7 osophical beliefs of individual employees of the Bureau of 

8 Prisons. 

9 SEC. 204. Not to exceed 5 percent of any appropria10 tion made available for the current fiscal year for the De11 partment of Justice in this Act may be transferred be12 tween such appropriations, but no such appropriation, ex13 cept as otherwise specifically provided, shall be increased 

14 by more than 10 percent by any such transfers: Provided, 

15 That any transfer pursuant to this section shall be treated 

16 as a reprogramming of funds under section 505 of this 

17 Act and shall not be available for obligation except in com18 pliance with the procedures set forth in that section: Pro19 vided further, That none of the funds appropriated to 

20 ‘‘Buildings and Facilities, Federal Prison System’’ in this 

21 or any other Act may be transferred to ‘‘Salaries and Ex22 penses, Federal Prison System’’, or any other Department 

23 of Justice account, unless the President certifies that such 

24 a transfer is necessary to the national security interests 
65 

S 1745 PCS 

1 of the United States, and such authority shall not be dele2 gated, and shall be subject to section 505 of this Act. 

3 SEC. 205. The Attorney General is authorized to ex4 tend through September 30, 2009, the Personnel Manage5 ment Demonstration Project transferred to the Attorney 

6 General pursuant to section 1115 of the Homeland Secu7 rity Act of 2002, Public Law 107–296 (6 U.S.C. 533) 

8 without limitation on the number of employees or the posi9 tions covered. 

10 SEC. 206. Notwithstanding any other provision of 

11 law, Public Law 102–395 section 102(b) shall extend to 

12 the Bureau of Alcohol, Tobacco, Firearms and Explosives 

13 in the conduct of undercover investigative operations and 

14 shall apply without fiscal year limitation with respect to 

15 any undercover investigative operation initiated by the Bu16 reau of Alcohol, Tobacco, Firearms and Explosives that 

17 is necessary for the detection and prosecution of crimes 

18 against the United States. 

19 SEC. 207. None of the funds made available to the 

20 Department of Justice in this Act may be used for the 

21 purpose of transporting an individual who is a prisoner 

22 pursuant to conviction for crime under State or Federal 

23 law and is classified as a maximum or high security pris24 oner, other than to a prison or other facility certified by 
66 

S 1745 PCS 

1 the Federal Bureau of Prisons as appropriately secure for 

2 housing such a prisoner. 

3 SEC. 208. (a) None of the funds appropriated by this 

4 Act may be used by Federal prisons to purchase cable tele5 vision services, to rent or purchase videocassettes, video6 cassette recorders, or other audiovisual or electronic equip7 ment used primarily for recreational purposes. 

8 (b) Subsection (a) shall not preclude the renting, 

9 maintenance, or purchase of audiovisual or electronic 

10 equipment for inmate training, religious, or educational 

11 programs. 

12 SEC. 209. Any deviation from the amounts des13 ignated for specific activities in this Act and accompanying 

14 report, or any use of deobligated balances of funds pro15 vided under this title in previous years, shall be subject 

16 to the procedures set forth in section 505 of this Act. 

17 SEC. 210. Section 112 of title I as contained in divi18 sion B of the Consolidated Appropriations Act, 2004 

19 (Public Law 108–199) is amended as follows: 

20 (1) by inserting in paragraph (a)(2)(A) ‘‘the 

21 Commissioner of Health & Social Services for Alas22 ka, a representative of an Alaska Native healthcare 

23 provider’’ after ‘‘Village Public Safety Officer pro24 grams,’’; 
67 

S 1745 PCS 

1 (2) by inserting in paragraph (a)(2)(A) ‘‘and a 

2 non-voting judge’’ after ‘‘non-voting representative’’; 

3 and 

4 (3) by inserting in paragraph (a)(2)(A) ‘‘The 

5 Chief Justice of the Alaska Supreme Court may ap6 point a non-voting representative of the Alaska Su7 preme Court to provide technical support.’’ at the 

8 end of the paragraph. 

9 SEC. 211. Section 589a of title 28, United States 

10 Code, is amended in subsection (b) by— 

11 (1) striking ‘‘and’’ in paragraph (8); 

12 (2) striking the period in paragraph (9) and in13 serting ‘‘; and’’; and 

14 (3) adding the following new paragraph: 

15 ‘‘(10) fines imposed under section 110(l)(4)(A) 

16 of title 11, United States Code.’’. 

17 SEC. 212. (a) Section 1930(a) of title 28, United 

18 States Code, is amended in paragraph (6) by striking ev19 erything after ‘‘whichever occurs first.’’ and inserting in 

20 lieu thereof: ‘‘The fee shall be $325 for each quarter in 

21 which disbursements total less than $15,000; $650 for 

22 each quarter in which disbursements total $15,000 or 

23 more but less than $75,000; $975 for each quarter in 

24 which disbursements total $75,000 or more but less than 

25 $150,000; $1,625 for each quarter in which disbursements 
68 

S 1745 PCS 

1 total $150,000 or more but less than $225,000; $1,950 

2 for each quarter in which disbursements total $225,000 

3 or more but less than $300,000; $4,875 for each quarter 

4 in which disbursements total $300,000 or more but less 

5 than $1,000,000; $6,500 for each quarter in which dis6 bursements total $1,000,000 or more but less than 

7 $2,000,000; $9,750 for each quarter in which disburse8 ments total $2,000,000 or more but less than $3,000,000; 

9 $10,400 for each quarter in which disbursements total 

10 $3,000,000 or more but less than $5,000,000; $13,000 

11 for each quarter in which disbursements total $5,000,000 

12 or more but less than $15,000,000; $20,000 for each 

13 quarter in which disbursements total $15,000,000 or more 

14 but less than $30,000,000; $30,000 for each quarter in 

15 which disbursements total more than $30,000,000. The 

16 fee shall be payable on the last day of the calendar month 

17 following the calendar quarter for which the fee is owed.’’. 

18 (b) This section and the amendment made by this 

19 section shall take effect January 1, 2008, or the date of 

20 the enactment of this Act, whichever is later. 

21 SEC. 213. Notwithstanding any other provision of 

22 law, during fiscal year 2008, Federal reimbursement to 

23 the District of Columbia for felons newly sentenced by the 

24 District of Columbia Superior Court shall commence no 

25 later than the date of sentencing for such felons; and Fed-
69 

S 1745 PCS 

1 eral reimbursement to the District of Columbia for recom2 mitted District of Columbia parolees shall commence no 

3 later than the date of the commitment of such parolees 

4 to prison: Provided, That no more than $8,000,000 shall 

5 be made available for such reimbursements from funds 

6 made available in this Act. 

7 SEC. 214. Notwithstanding any other provision of 

8 law, no funds shall be available for the salary, benefits, 

9 or expenses of any United States Attorney assigned dual 

10 or additional responsibilities by the Attorney General or 

11 his designee that exempt that United States Attorney 

12 from the residency requirements of 28 U.S.C. 545. 

13 SEC. 215. None of the funds made available to the 

14 Department of Justice in this Act may be obligated for 

15 the Federal Bureau of Investigation’s Sentinel procure16 ment until the Government Accountability Office has cer17 tified to the Senate Committee on Appropriations and the 

18 Senate Committee on the Judiciary that a performance 

19 measurement baseline has been established and the Fed20 eral Bureau of Investigation is using a performance-based 

21 management system that complies with the American Na22 tional Standards Institute/Electronics Industries Alliance 

23 Standard 748–A, as required by Office of Management 

24 and Budget Circular A–11, Part 7 to measure achieve25 ment of the cost, schedule and performance goals. 
70 

S 1745 PCS 

1 SEC. 216. None of the funds appropriated in this or 

2 any other Act shall be obligated for any work, development 

3 or procurement of the Sentinel information technology 

4 program phases III or IV until the Government Account5 ability Office certifies to the Senate Committee on Appro6 priations and the Senate Committee on the Judiciary that 

7 the phase under construction has reached 70 percent com8 pletion of the planned work and the estimated cost to com9 plete the phase does not exceed 35 percent of the budgeted 

10 cost for such phase. 

11 This title may be cited as the ‘‘Department of Justice 

12 Appropriations Act, 2008’’. 

13 TITLE III 

14 SCIENCE 

15 OFFICE OF SCIENCE AND TECHNOLOGY POLICY

16 For necessary expenses of the Office of Science and 

17 Technology Policy, in carrying out the purposes of the Na18 tional Science and Technology Policy, Organization, and 

19 Priorities Act of 1976 (42 U.S.C. 6601–6671), hire of 

20 passenger motor vehicles, and services as authorized by 

21 5 U.S.C. 3109, not to exceed $2,500 for official reception 

22 and representation expenses, and rental of conference 

23 rooms in the District of Columbia, $5,715,000. 
71 

S 1745 PCS 

1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

2 SCIENCE, AERONAUTICS AND EXPLORATION

3 For necessary expenses in the conduct and support 

4 of science, aeronautics and exploration research and devel5 opment activities, including research, development, oper6 ations, support and services; space flight, spacecraft con7 trol and communications activities including operations, 

8 production, and services; program management; personnel 

9 and related costs, including uniforms or allowances there10 for, as authorized by 5 U.S.C. 5901–5902; travel ex11 penses; purchase and hire of passenger motor vehicles; not 

12 to exceed $35,000 for official reception and representation 

13 expenses; and purchase, lease, charter, maintenance and 

14 operation of mission and administrative aircraft, 

15 $10,633,000,000, of which $119,100,000 shall remain 

16 available until expended and $10,513,900,000 shall re17 main available until September 30, 2009: Provided, That, 

18 of the amounts provided under this heading, 

19 $5,655,110,000 shall be for science, $554,030,000 shall 

20 be for aeronautics research, $3,972,490,000 shall be for 

21 exploration systems, and $521,380,000 shall be for cross22 agency support programs: Provided further, That the 

23 amounts in the previous proviso shall be reduced by 

24 $70,000,000 in corporate and general administrative ex25 penses and the reduction shall be applied proportionally 
72 

S 1745 PCS 

1 to each amount therein: Provided further, That within the 

2 amounts provided under this heading, management and 

3 operations of National Aeronautics and Atmospheric Ad4 ministration centers shall not exceed $1,150,800,000; cor5 porate general and administrative costs shall not exceed 

6 $345,000,000; and institutional investments, including 

7 planning, design, maintenance, repair, rehabilitation and 

8 modification of existing facilities, construction of new fa9 cilities, acquisition and condemnation of real property as 

10 authorized by law, and environmental compliance and res11 toration shall not exceed $195,500,000: Provided further, 

12 That funds provided under this heading shall be available 

13 only according to the terms and conditions specified in the 

14 committee report of the Senate accompanying this Act. 

15 EXPLORATION CAPABILITIES

16 For necessary expenses in the conduct and support 

17 of exploration capabilities research and development ac18 tivities, including research, development, operations, sup19 port and services; space flight, spacecraft control and com20 munications activities including operations, production, 

21 and services; program management; personnel and related 

22 costs, including uniforms or allowances therefor, as au23 thorized by 5 U.S.C. 5901–5902; travel expenses; pur24 chase and hire of passenger motor vehicles; not to exceed 

25 $35,000 for official reception and representation expenses; 
73 

S 1745 PCS 

1 and purchase, lease, charter, maintenance and operation 

2 of mission and administrative aircraft, $6,792,000,000, of 

3 which $5,200,000 shall remain available until expended 

4 and $6,786,800,000 shall remain available until Sep5 tember 30, 2009: Provided, That of the amounts provided 

6 under this heading, $4,007,760,000 shall be for Space 

7 Shuttle operations, production, research, development, 

8 and support and $2,238,610,000 shall be for International 

9 Space Station operations, production, research, develop10 ment, and support: Provided further, That within the 

11 amounts provided under this heading, management and 

12 operations of National Aeronautics and Atmospheric Ad13 ministration centers shall not exceed $862,200,000; cor14 porate general and administrative costs shall not exceed 

15 $263,700,000; and institutional investments, including 

16 planning, design, maintenance, repair, rehabilitation and 

17 modification of existing facilities, construction of new fa18 cilities, acquisition and condemnation of real property as 

19 authorized by law, and environmental compliance and res20 toration shall not exceed $124,200,000: Provided further, 

21 That funds provided under this heading shall be available 

22 only according to the terms and conditions specified in the 

23 committee report of the Senate accompanying this Act. 
74 

S 1745 PCS 

1 OFFICE OF INSPECTOR GENERAL

2 For necessary expenses of the Office of Inspector 

3 General in carrying out the Inspector General Act of 1978, 

4 as amended, $34,600,000. 

5 ADMINISTRATIVE PROVISION

6 For fiscal year 2009 and hereafter, the National Aer7 onautics and Space Administration shall provide, at a min8 imum, the following information in its annual budget jus9 tification: 

10 (1) The actual, current, proposed funding level, 

11 and estimated budgets for the next five fiscal years 

12 by directorate, theme, program, project and activity 

13 within each appropriations account. 

14 (2) The budget for headquarters including— 

15 (A) the budget by office for the actual, 

16 current, proposed funding level, and estimated 

17 budgets for the next five fiscal years; 

18 (B) the travel budget for each office for 

19 the actual, current, and proposed funding level; 

20 and 

21 (C) the civil service full time equivalent as22 signments per headquarters office including the 

23 number of Senior Executive Service, noncareer, 

24 detailee, and contract personnel per office. 

25 (3) Concurrent with the submission of the 

26 budget to the Congress an accompanying volume 
75 

S 1745 PCS 

1 shall be provided to the Committee on Appropria2 tions containing the following information for each 

3 center and federally funded research and develop4 ment center operated by the National Aeronautics 

5 and Space Administration: 

6 (A) the actual, current, proposed funding 

7 level, and estimated budgets for the next five 

8 fiscal years by directorate, theme, program, 

9 project, and activity; 

10 (B) The proposed programmatic and non11 programmatic construction of facilities; 

12 (C) The number of civil service full time 

13 equivalent positions per center for each identi14 fied fiscal year; 

15 (D) The number of civil service full time 

16 equivalent positions considered to be uncovered 

17 capacity at each location for each identified fis18 cal year. 

19 (4) Sufficient narrative shall be provided to ex20 plain the request for each program, project, and ac21 tivity, and an explanation for any deviation to pre22 viously adopted baselines for all justification mate23 rials provided to the Committee. 
76 

S 1745 PCS 

1 NATIONAL SCIENCE FOUNDATION

2 RESEARCH AND RELATED ACTIVITIES

3 For necessary expenses in carrying out the National 

4 Science Foundation Act of 1950, as amended (42 U.S.C. 

5 1861–1875), and the Act to establish a National Medal 

6 of Science (42 U.S.C. 1880–1881); services as authorized 

7 by 5 U.S.C. 3109; maintenance and operation of aircraft 

8 and purchase of flight services for research support; acqui9 sition of aircraft; and authorized travel; $5,156,090,000, 

10 to remain available until September 30, 2009, of which 

11 not to exceed $510,000,000 shall remain available until 

12 expended for Polar research and operations support, and 

13 for reimbursement to other Federal agencies for oper14 ational and science support and logistical and other re15 lated activities for the United States Antarctic program: 

16 Provided, That from funds specified in the fiscal year 

17 2008 budget request for icebreaking services, up to 

18 $57,000,000 shall be available for the procurement of 

19 polar icebreaking services: Provided further, That the Na20 tional Science Foundation shall only reimburse the Coast 

21 Guard for such sums as are agreed to according to the 

22 existing memorandum of agreement: Provided further, 

23 That receipts for scientific support services and materials 

24 furnished by the National Research Centers and other Na-
77 

S 1745 PCS 

1 tional Science Foundation supported research facilities 

2 may be credited to this appropriation. 

3 MAJOR RESEARCH EQUIPMENT AND FACILITIES

4 CONSTRUCTION

5 For necessary expenses for the acquisition, construc6 tion, commissioning, and upgrading of major research 

7 equipment, facilities, and other such capital assets pursu8 ant to the National Science Foundation Act of 1950, as 

9 amended, including authorized travel, $244,740,000, to 

10 remain available until expended. 

11 EDUCATION AND HUMAN RESOURCES

12 For necessary expenses in carrying out science and 

13 engineering education and human resources programs and 

14 activities pursuant to the National Science Foundation 

15 Act of 1950, as amended (42 U.S.C. 1861–1875), includ16 ing services as authorized by 5 U.S.C. 3109, authorized 

17 travel, and rental of conference rooms in the District of 

18 Columbia, $850,600,000, to remain available until Sep19 tember 30, 2009. 

20 AGENCY OPERATIONS AND AWARD MANAGEMENT

21 For salaries and expenses necessary in carrying out 

22 the National Science Foundation Act of 1950, as amended 

23 (42 U.S.C. 1861–1875); services authorized by 5 U.S.C. 

24 3109; hire of passenger motor vehicles; not to exceed 

25 $9,000 for official reception and representation expenses; 
78 

S 1745 PCS 

1 uniforms or allowances therefor, as authorized by 5 U.S.C. 

2 5901–5902; rental of conference rooms in the District of 

3 Columbia; and reimbursement of the General Services Ad4 ministration for security guard services; $285,590,000: 

5 Provided, That contracts may be entered into under 

6 ‘‘Agency Operations and Award Management’’ in fiscal 

7 year 2008 for maintenance and operation of facilities, and 

8 for other services, to be provided during the next fiscal 

9 year. 

10 OFFICE OF THE NATIONAL SCIENCE BOARD

11 For necessary expenses (including payment of sala12 ries, authorized travel, hire of passenger motor vehicles, 

13 the rental of conference rooms in the District of Columbia, 

14 and the employment of experts and consultants under sec15 tion 3109 of title 5, United States Code) involved in car16 rying out section 4 of the National Science Foundation 

17 Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 

18 (42 U.S.C. 1880 et seq.), $4,030,000: Provided, That not 

19 to exceed $9,000 shall be available for official reception 

20 and representation expenses. 

21 OFFICE OF INSPECTOR GENERAL

22 For necessary expenses of the Office of Inspector 

23 General as authorized by the Inspector General Act of 

24 1978, as amended, $12,350,000, to remain available until 

25 September 30, 2009. 
79 

S 1745 PCS 

1 This title may be cited as the ‘‘Science Appropria2 tions Act, 2008’’. 

3 TITLE IV 

4 RELATED AGENCIES 

5 COMMISSION ON CIVIL RIGHTS

6 SALARIES AND EXPENSES

7 For necessary expenses of the Commission on Civil 

8 Rights, including hire of passenger motor vehicles, 

9 $9,000,000: Provided, That none of the funds appro10 priated in this paragraph shall be used to employ in excess 

11 of four full-time individuals under Schedule C of the Ex12 cepted Service exclusive of one special assistant for each 

13 Commissioner: Provided further, That none of the funds 

14 appropriated in this paragraph shall be used to reimburse 

15 Commissioners for more than 75 billable days, with the 

16 exception of the chairperson, who is permitted 125 billable 

17 days. 

18 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

19 SALARIES AND EXPENSES

20 For necessary expenses of the Equal Employment 

21 Opportunity Commission as authorized by title VII of the 

22 Civil Rights Act of 1964 (29 U.S.C. 206(d) and 621–634), 

23 the Americans with Disabilities Act of 1990, and the Civil 

24 Rights Act of 1991, including services as authorized by 

25 5 U.S.C. 3109; hire of passenger motor vehicles as author-
80 

S 1745 PCS 

1 ized by 31 U.S.C. 1343(b); non-monetary awards to pri2 vate citizens; and not to exceed $37,000,000 for payments 

3 to State and local enforcement agencies for services to the 

4 Commission pursuant to title VII of the Civil Rights Act 

5 of 1964, sections 6 and 14 of the Age Discrimination in 

6 Employment Act, the Americans with Disabilities Act of 

7 1990, and the Civil Rights Act of 1991, $378,000,000: 

8 Provided, That funds made available under this heading 

9 shall only be allocated in the manner specified in the re10 port accompanying this Act: Provided further, That no 

11 funds made available under this heading may be used to 

12 operate the National Contact Center: Provided further, 

13 That the Commission may take no action to implement 

14 any workforce repositioning, restructuring, or reorganiza15 tion until such time as the Senate Committee on Appro16 priations has been notified of such proposals, in accord17 ance with the reprogramming requirements of section 505 

18 of this Act. 

19 INTERNATIONAL TRADE COMMISSION

20 SALARIES AND EXPENSES

21 For necessary expenses of the International Trade 

22 Commission, including hire of passenger motor vehicles, 

23 and services as authorized by 5 U.S.C. 3109, and not to 

24 exceed $2,500 for official reception and representation ex25 penses, $68,400,000, to remain available until expended. 
81 

S 1745 PCS 

1 LEGAL SERVICES CORPORATION

2 PAYMENT TO THE LEGAL SERVICES CORPORATION

3 For payment to the Legal Services Corporation to 

4 carry out the purposes of the Legal Services Corporation 

5 Act of 1974, $390,000,000, of which $373,000,000 is for 

6 basic field programs and required independent audits; 

7 $3,200,000 is for the Office of Inspector General, of which 

8 such amounts as may be necessary may be used to conduct 

9 additional audits of recipients; $13,800,000 is for manage10 ment and administration; $3,000,000 is for client self-help 

11 and information technology: Provided, That the Legal 

12 Services Corporation may continue to provide locality pay 

13 to officers and employees at a rate no greater than that 

14 provided by the Federal Government to Washington, DC15 based employees as authorized by 5 United States Code 

16 5304, notwithstanding section 1005(d) of the Legal Serv17 ices Corporation Act, 42 United States Code 2996(d). 

18 ADMINISTRATIVE PROVISION—LEGAL SERVICES

19 CORPORATION

20 None of the funds appropriated in this Act to the 

21 Legal Services Corporation shall be expended for any pur22 pose prohibited or limited by, or contrary to any of the 

23 provisions of, sections 501, 502, 503, 504, 505, and 506 

24 of Public Law 105–119, and all funds appropriated in this 

25 Act to the Legal Services Corporation shall be subject to 

26 the same terms and conditions set forth in such sections, 
82 

S 1745 PCS 

1 except that all references in sections 502 and 503 to 1997 

2 and 1998 shall be deemed to refer instead to 2006 and 

3 2007, respectively. 

4 MARINE MAMMAL COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Marine Mammal Com7 mission as authorized by title II of Public Law 92–522, 

8 $3,000,000. 

9 OFFICE OF THE UNITED STATES TRADE

10 REPRESENTATIVE

11 SALARIES AND EXPENSES

12 For necessary expenses of the Office of the United 

13 States Trade Representative, including the hire of pas14 senger motor vehicles and the employment of experts and 

15 consultants as authorized by 5 U.S.C. 3109, $47,800,000, 

16 of which $1,000,000 shall remain available until expended: 

17 Provided, That not to exceed $124,000 shall be available 

18 for official reception and representation expenses: Pro19 vided further, That negotiations shall be conducted within 

20 the World Trade Organization to recognize the right of 

21 members to distribute monies collected from antidumping 

22 and countervailing duties: Provided further, That negotia23 tions shall be conducted within the World Trade Organiza24 tion consistent with the negotiating objectives contained 

25 in the Trade Act of 2002, Public Law 107–210. 
83 

S 1745 PCS 

1 STATE JUSTICE INSTITUTE

2 SALARIES AND EXPENSES

3 For necessary expenses of the State Justice Institute, 

4 as authorized by the State Justice Institute Authorization 

5 Act of 1992 (Public Law 102–572), $3,500,000: Provided, 

6 That not to exceed $2,500 shall be available for official 

7 reception and representation expenses. 

8 TITLE V 

9 GENERAL PROVISIONS 

10 SEC. 501. The Departments of Commerce and Jus11 tice, the National Science Foundation, and the National 

12 Aeronautics and Space Administration shall provide to the 

13 Senate Committee on Appropriations a quarterly account14 ing of the cumulative balances of any unobligated funds 

15 that were made available to any such agency in any pre16 vious appropriations Act. 

17 SEC. 502. No part of any appropriation contained in 

18 this Act shall remain available for obligation beyond the 

19 current fiscal year unless expressly so provided herein. 

20 SEC. 503. The expenditure of any appropriation 

21 under this Act for any consulting service through procure22 ment contract, pursuant to 5 U.S.C. 3109, shall be limited 

23 to those contracts where such expenditures are a matter 

24 of public record and available for public inspection, except 
84 

S 1745 PCS 

1 where otherwise provided under existing law, or under ex2 isting Executive order issued pursuant to existing law. 

3 SEC. 504. If any provision of this Act or the applica4 tion of such provision to any person or circumstances shall 

5 be held invalid, the remainder of the Act and the applica6 tion of each provision to persons or circumstances other 

7 than those as to which it is held invalid shall not be af8 fected thereby. 

9 SEC. 505. (a) None of the funds provided under this 

10 Act, or provided under previous appropriations Acts to the 

11 agencies funded by this Act that remain available for obli12 gation or expenditure in fiscal year 2008, or provided from 

13 any accounts in the Treasury of the United States derived 

14 by the collection of fees available to the agencies funded 

15 by this Act, shall be available for obligation or expenditure 

16 through a reprogramming of funds that: (1) creates new 

17 programs; (2) eliminates a program, project, or activity; 

18 (3) increases funds or personnel by any means for any 

19 project or activity for which funds have been denied or 

20 restricted; (4) relocates an office or employees; (5) reorga21 nizes or renames offices, programs, or activities; or (6) 

22 contracts out or privatizes any functions or activities pres23 ently performed by Federal employees; unless the Senate 

24 Committee on Appropriations is notified 15 days in ad25 vance of such reprogramming of funds. 
85 

S 1745 PCS 

1 (b) None of the funds provided under this Act, or 

2 provided under previous appropriations Acts to the agen3 cies funded by this Act that remain available for obligation 

4 or expenditure in fiscal year 2008, or provided from any 

5 accounts in the Treasury of the United States derived by 

6 the collection of fees available to the agencies funded by 

7 this Act, shall be available for obligation or expenditure 

8 for activities, programs, or projects through a reprogram9 ming of funds in excess of $500,000 or 10 percent, which10 ever is less, that: (1) augments existing programs, 

11 projects, or activities; (2) reduces by 10 percent funding 

12 for any existing program, project, or activity, or numbers 

13 of personnel by 10 percent as approved by Congress; or 

14 (3) results from any general savings, including savings 

15 from a reduction in personnel, which would result in a 

16 change in existing programs, activities, or projects as ap17 proved by Congress; unless the Senate Committee on Ap18 propriations is notified 15 days in advance of such re19 programming of funds. 

20 SEC. 506. Hereafter, none of the funds made avail21 able in this Act or any other Act may be used for the 

22 construction, repair (other than emergency repair), over23 haul, conversion, or modernization of vessels for the Na24 tional Oceanic and Atmospheric Administration in ship25 yards located outside of the United States. 
86 

S 1745 PCS 

1 SEC. 507. If it has been finally determined by a court 

2 or Federal agency that any person intentionally affixed a 

3 label bearing a ‘‘Made in America’’ inscription, or any in4 scription with the same meaning, to any product sold in 

5 or shipped to the United States that is not made in the 

6 United States, the person shall be ineligible to receive any 

7 contract or subcontract made with funds made available 

8 in this Act, pursuant to the debarment, suspension, and 

9 ineligibility procedures described in sections 9.400 through 

10 9.409 of title 48, Code of Federal Regulations. 

11 SEC. 508. Any costs incurred by a department or 

12 agency funded under this Act resulting from personnel ac13 tions taken in response to funding reductions included in 

14 this Act shall be absorbed within the total budgetary re15 sources available to such department or agency: Provided, 

16 That the authority to transfer funds between appropria17 tions accounts as may be necessary to carry out this sec18 tion is provided in addition to authorities included else19 where in this Act: Provided further, That use of funds to 

20 carry out this section shall be treated as a reprogramming 

21 of funds under section 505 of this Act and shall not be 

22 available for obligation or expenditure except in compli23 ance with the procedures set forth in that section. 

24 SEC. 509. None of the funds provided by this Act 

25 shall be available to promote the sale or export of tobacco 
87 

S 1745 PCS 

1 or tobacco products, or to seek the reduction or removal 

2 by any foreign country of restrictions on the marketing 

3 of tobacco or tobacco products, except for restrictions 

4 which are not applied equally to all tobacco or tobacco 

5 products of the same type. 

6 SEC. 510. None of the funds appropriated pursuant 

7 to this Act or any other provision of law may be used for— 

8 (1) the implementation of any tax or fee in con9 nection with the implementation of subsection 922(t) 

10 of title 18, United States Code; and 

11 (2) any system to implement subsection 922(t) 

12 of title 18, United States Code, that does not re13 quire and result in the destruction of any identifying 

14 information submitted by or on behalf of any person 

15 who has been determined not to be prohibited from 

16 possessing or receiving a firearm no more than 24 

17 hours after the system advises a Federal firearms li18 censee that possession or receipt of a firearm by the 

19 prospective transferee would not violate subsection 

20 (g) or (n) of section 922 of title 18, United States 

21 Code, or State law. 

22 SEC. 511. Notwithstanding any other provision of 

23 law, amounts deposited or available in the Fund estab24 lished under 42 U.S.C. 10601 in any fiscal year in excess 
88 

S 1745 PCS 

1 of $625,000,000 shall not be available for obligation until 

2 the following fiscal year. 

3 SEC. 512. None of the funds made available to the 

4 Department of Justice in this Act may be used to discrimi5 nate against or denigrate the religious or moral beliefs of 

6 students who participate in programs for which financial 

7 assistance is provided from those funds, or of the parents 

8 or legal guardians of such students. 

9 SEC. 513. None of the funds made available in this 

10 Act may be transferred to any department, agency, or in11 strumentality of the United States Government, except 

12 pursuant to a transfer made by, or transfer authority pro13 vided in, this Act or any other appropriations Act. 

14 SEC. 514. With the consent of the President, the Sec15 retary of Commerce shall represent the United States Gov16 ernment in negotiating and monitoring international 

17 agreements regarding fisheries, marine mammals, or sea 

18 turtles: Provided, That the Secretary of Commerce shall 

19 be responsible for the development and interdepartmental 

20 coordination of the policies of the United States with re21 spect to the international negotiations and agreements re22 ferred to in this section. 

23 SEC. 515. Any funds provided in this Act used to im24 plement E-Government Initiatives shall be subject to the 

25 procedures set forth in section 505 of this Act. 
89 

S 1745 PCS 

1 SEC. 516. ACCOUNTABILITY AND TRANSPARENCY OF

2 ACTIVITIES CARRIED OUT WITH FUNDS PROVIDED BY

3 THIS ACT. (a) AUDIT PROGRESS REPORTS.—The Inspec4 tors General of the Department of Commerce, the Depart5 ment of Justice, the National Aeronautics and Space Ad6 ministration, and the National Science Foundation shall 

7 conduct audits, pursuant to the Inspector General Act (5 

8 U.S.C. App.), of grants or contracts for which funds are 

9 appropriated by this Act, and shall submit reports to Con10 gress on the progress of such audits, which may include 

11 preliminary findings and a description of areas of par12 ticular interest, within 180 days after initiating such an 

13 audit and every 180 days thereafter until any such audit 

14 is completed. 

15 (b) AVAILABILITY TO THE PUBLIC.—Within 60 days 

16 after the date on which an audit described in subsection 

17 (a) by an Inspector General is completed, the Secretary, 

18 Attorney General, Administrator, or Director, as appro19 priate, shall make the results of the audit available to the 

20 public on the Internet website maintained by the Depart21 ment, Administration, or Foundation, respectively. The re22 sults shall be made available in redacted form to exclude— 

23 (1) any matter described in section 552(b) of 

24 title 5, United States Code; and 
90 

S 1745 PCS 

1 (2) sensitive personal information for any indi2 vidual, the public access to which could be used to 

3 commit identity theft or for other inappropriate or 

4 unlawful purposes. 

5 (c) PROHIBITED USE OF FUNDS.—A grant or con6 tract funded by amounts appropriated by this Act may 

7 not be used for the purpose of defraying the costs of a 

8 banquet or conference that is not directly and program9 matically related to the purpose for which the grant or 

10 contract was awarded, such as a banquet or conference 

11 held in connection with planning, training, assessment, re12 view, or other routine purposes related to a project funded 

13 by the grant or contract. 

14 (d) CONFLICT OF INTEREST STATEMENT.—Any per15 son awarded a grant or contract funded by amounts ap16 propriated by this Act shall submit a statement to the Sec17 retary of Commerce, the Attorney General, the Adminis18 trator, or the Director, as appropriate, certifying that no 

19 funds derived from the grant or contract will be made 

20 available through a subcontract or in any other manner 

21 to another person who has a financial interest in the per22 son awarded the grant or contract. 

23 (e) APPLICATION TO OTHER FEDERAL GRANTS AND

24 CONTRACTS.—The provisions of the preceding subsections 

25 of this section shall take effect 30 days after the date on 
91 

S 1745 PCS 

1 which the Director of the Office and Management and 

2 Budget, in consultation with the Director of the Office of 

3 Government Ethics, determines that a uniform set of rules 

4 and requirements, substantially similar to the require5 ments in such subsections, consistently apply under the 

6 executive branch ethics program to all Federal depart7 ments, agencies, and entities. 

8 SEC. 517. None of the funds appropriated or other9 wise made available under this Act may be used to issue 

10 patents on claims directed to or encompassing a human 

11 organism. 

12 SEC. 518. If at any time during any quarter, the pro13 gram manager of a project within the jurisdiction of the 

14 Departments of Commerce or Justice, the National Aero15 nautics and Space Administration, or the National Science 

16 Foundation totaling more than $75,000,000 has reason17 able cause to believe that the total program cost has in18 creased by 10 percent, the program manager shall imme19 diately inform the Secretary, Administrator, or Director. 

20 The Secretary, Administrator, or Director shall notify the 

21 Senate Committee on Appropriations within 30 days in 

22 writing of such increase, and shall include in such notice: 

23 the date on which such determination was made; a state24 ment of the reasons for such increases; the action taken 

25 and proposed to be taken to control future cost growth 
92 

S 1745 PCS 

1 of the project; changes made in the performance or sched2 ule milestones and the degree to which such changes have 

3 contributed to the increase in total program costs or pro4 curement costs; new estimates of the total project or pro5 curement costs; and a statement validating that the 

6 project’s management structure is adequate to control 

7 total project or procurement costs. 

8 SEC. 519. None of the funds made available in this 

9 Act shall be used in any way whatsoever to support or 

10 justify the use of torture by any official or contract em11 ployee of the United States Government. 

12 SEC. 520. Notwithstanding section 505 of this Act, 

13 no funds shall be reprogrammed within or transferred be14 tween appropriations after June 30, except in extraor15 dinary circumstances. 

16 SEC. 521. Funds appropriated by this Act, or made 

17 available by the transfer of funds in this Act, for intel18 ligence or intelligence related activities are deemed to be 

19 specifically authorized by the Congress for purposes of sec20 tion 504 of the National Security Act of 1947 (50 U.S.C. 

21 414) during fiscal year 2008 until the enactment of the 

22 Intelligence Authorization Act for Fiscal Year 2008. 

23 SEC. 522. The Offices of Inspectors General funded 

24 under this Act shall forward copies of all audit reports 

25 to the Senate Committee on Appropriations immediately 
93 

S 1745 PCS 

1 after they are issued and immediately make the Com2 mittee aware of any review that recommends cancellation 

3 of, or modification to, any major acquisition project or 

4 grant, or that recommends significant budgetary savings: 

5 Provided, That the Offices of Inspectors General funded 

6 under this Act shall withhold from public distribution for 

7 a period of 15 days any final audit or investigation report 

8 that was requested by the Senate Committee on Appro9 priations. 

10 SEC. 523. Hereafter, none of the funds made avail11 able by the Congress may be used to implement, admin12 ister, or enforce any guidelines of the Equal Employment 

13 Opportunity Commission covering harassment based on 

14 religion, when it is made known to the Federal entity or 

15 official to which such funds are made available that such 

16 guidelines do not differ in any respect from the proposed 

17 guidelines published by the Commission on October 1, 

18 1993 (58 Fed. Reg. 51266). 

19 SEC. 524. None of the funds in this Act or prior Acts 

20 making appropriations for the Department of Justice may 

21 be used to make a grant allocation, a discretionary grant 

22 award, or a discretionary contract award that is specified 

23 in the report accompanying this Act, or to publicly an24 nounce the intention to make such an award, unless the 

25 Attorney General, Secretary, Administrator or Director of 
94 

S 1745 PCS 

1 the appropriate agency or bureau notifies the Senate Com2 mittee on Appropriations, at least three full business days 

3 in advance: Provided, That no notification shall involve 

4 funds that are not available for obligation. 

5 SEC. 525. None of the funds provided in this Act may 

6 be used to implement an involuntary reduction in force 

7 at any NASA center during fiscal year 2008. 

8 SEC. 526. (a) MODIFICATION OF ENHANCED-USE

9 LEASE AUTHORITY FOR NASA.—Subsection (a) of sec10 tion 315 of the National Aeronautics and Space Adminis11 tration Act of 1958 (42 U.S.C. 2459j) is amended— 

12 (1) by striking ‘‘Notwithstanding any other pro13 vision of law, the Administrator’’ and inserting ‘‘The 

14 Administrator’’; and 

15 (2) by striking ‘‘any real property’’ and insert16 ing ‘‘any non-excess real property and related per17 sonal property’’; and 

18 (3) by striking ‘‘at no more than two (2) Na19 tional Aeronautics and Space Administration 

20 (NASA) centers’’. 

21 (b) CONSIDERATION.—Subsection (b) of such section 

22 is amended— 

23 (1) in paragraph (1), by striking ‘‘consider24 ation’’ and all that follows through the end of the 

25 paragraph and inserting ‘‘cash consideration for the 
95 

S 1745 PCS 

1 lease at fair market value as determined by the Ad2 ministrator.’’; 

3 (2) by striking paragraph (2); 

4 (3) by redesignating paragraph (3) as para5 graph (2); and 

6 (4) in paragraph (2), as redesignated by para7 graph (3) of this subsection— 

8 (A) in subparagraph (B), by striking 

9 ‘‘maintenance’’ and all that follows through 

10 ‘‘centers selected for this demonstration pro11 gram’’ and inserting ‘‘capital revitalization and 

12 construction projects and improvements of real 

13 property assets and related personal property 

14 under the jurisdiction of the Administrator’’; 

15 and 

16 (B) by adding at the end the following new 

17 subparagraph: 

18 ‘‘(C) Amounts utilized under subparagraph (B) 

19 may not be utilized for daily operating costs.’’. 

20 (c) LEASE RESTRICTIONS.—Subsection (e) of such 

21 section is amended— 

22 (1) by striking ‘‘LEASE RESTRICTIONS.— 

23 NASA’’ and inserting the following: ‘‘LEASE RE24 STRICTIONS.— 

25 ‘‘(1) NASA’’; and 
96 

S 1745 PCS 

1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) NASA is not authorized to enter into an 

4 out-lease under this section unless the Administrator 

5 certifies that such out-lease will not have a negative 

6 impact on NASA’s mission.’’. 

7 (d) REPEAL OF PLAN AND REPORTING REQUIRE8 MENTS.—Such section is further amended by striking sub9 section (f). 

10 (e) SUNSET.—Such section is further amended by 

11 adding at the end the following new subsection (f): 

12 ‘‘(f) SUNSET.—The authority to enter into leases 

13 under this section shall expire on the date that is ten years 

14 after the date of the enactment of the Commerce, Justice, 

15 Science, and Related Agencies Appropriations Act of 

16 2008. The expiration under this subsection of authority 

17 to enter into leases under this section shall not affect the 

18 validity or term of leases or NASA’s retention of proceeds 

19 from leases entered into under this section before the date 

20 of the expiration of such authority.’’. 

21 (f) CONFORMING AMENDMENT.—The heading of 

22 such section is amended by striking ‘‘Enhanced-use lease 

23 of real property demonstration’’ and inserting ‘‘Lease of 

24 non-excess property’’. 
97 

S 1745 PCS 

1 SEC. 527. LIMITATION. (a) IN GENERAL.—None of 

2 the funds made available in this Act shall be used to ini3 tiate or participate in a civil action by or on the behalf 

4 of the Equal Employment Opportunity Commission 

5 against an entity on the grounds that the entity requires 

6 an employee to speak English while engaged in work. 

7 (b) EFFECTIVE DATE.—Subsection (a) shall apply 

8 with respect to all civil actions that commence on or after 

9 the date of enactment of this Act. 

10 TITLE VI 

11 RESCISSIONS 

12 DEPARTMENT OF COMMERCE 

13 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

14 INDUSTRIAL TECHNOLOGY SERVICES

15 (RESCISSION)

16 Of the unobligated balances available under this 

17 heading, $10,000,000 are rescinded. 

18 DEPARTMENT OF JUSTICE 

19 GENERAL ADMINISTRATION

20 WORKING CAPITAL FUND

21 (RESCISSION)

22 Of the unobligated balances available under this 

23 heading, $41,000,000 are rescinded. 
98 

S 1745 PCS 

1 DETENTION TRUSTEE

2 (RESCISSION)

3 Of the unobligated balances available under this 

4 heading, $135,000,000 are rescinded. 

5 LEGAL ACTIVITIES

6 ASSETS FORFEITURE FUND

7 (RESCISSION)

8 Of the unobligated balances available under this 

9 heading, $240,000,000 are rescinded. 

10 OFFICE OF JUSTICE PROGRAMS

11 JUSTICE ASSISTANCE

12 (RESCISSION)

13 Of the unobligated balances available under this 

14 heading, $87,500,000 are rescinded. 

15 COMMUNITY ORIENTED POLICING SERVICES

16 (RESCISSION)

17 Of the unobligated balances available under this 

18 heading, $37,500,000 are rescinded. 

19 This Act may be cited as the ‘‘Departments of Com20 merce and Justice, Science, and Related Agencies Appro21 priations Act, 2008’’. 

Calendar No. 259 

110TH CONGRESS 

1ST SESSION S. 1745 

[Report No. 110–124] 

A BILL 

Making appropriations for the Departments of 

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

JUNE 29, 2007 

Read twice and placed on the calendar