In the Senate of the United States,
October 16, 2007.
Resolved, That the bill from the House of Representa-
tives (H.R. 3093) entitled ‘‘An Act making appropriations for
the Departments of Commerce and Justice, and Science, and
Related Agencies for the fiscal year ending September 30,
2008, and for other purposes.’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
That the following sums are appropriated, out of any
money in the Treasury not otherwise appropriated, for the
fiscal year ending September 30, 2008, and for other pur-
poses, namely:
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TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
For necessary expenses for international trade activi-
ties of the Department of Commerce provided for by law,
and for engaging in trade promotional activities abroad,
including expenses of grants and cooperative agreements for
the purpose of promoting exports of United States firms,
without regard to 44 U.S.C. 3702 and 3703; full medical
coverage for dependent members of immediate families of
employees stationed overseas and employees temporarily
posted overseas; travel and transportation of employees of
the United States and Foreign Commercial Service between
two points abroad, without regard to 49 U.S.C. 40118; em-
ployment of Americans and aliens by contract for services;
rental of space abroad for periods not exceeding 10 years,
and expenses of alteration, repair, or improvement; pur-
chase or construction of temporary demountable exhibition
structures for use abroad; payment of tort claims, in the
manner authorized in the first paragraph of 28 U.S.C. 2672
when such claims arise in foreign countries; not to exceed
$327,000 for official representation expenses abroad; pur-
chase of passenger motor vehicles for official use abroad, not
to exceed $45,000 per vehicle; obtaining insurance on offi-
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cial motor vehicles; and rental of tie lines, $425,431,000,
to remain available until September 30, 2009, of which
$8,000,000 is to be derived from fees to be retained and used
by the International Trade Administration, notwith-
standing 31 U.S.C. 3302: Provided, That $49,564,000 shall
be for Manufacturing and Services; $44,960,000 shall be for
Market Access and Compliance; $66,601,000 shall be for the
Import Administration; $229,702,000 shall be for the
United States and Foreign Commercial Service; and
$26,604,000 shall be for Executive Direction and Adminis-
tration: Provided further, That the provisions of the first
sentence of section 105(f) and all of section 108(c) of the
Mutual Educational and Cultural Exchange Act of 1961
(22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying
out these activities without regard to section 5412 of the
Omnibus Trade and Competitiveness Act of 1988 (15
U.S.C. 4912); and that for the purpose of this Act, contribu-
tions under the provisions of the Mutual Educational and
Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these activities:
Provided further, That the International Trade Adminis-
tration shall be exempt from the requirements of Circular
A–25 (or any successor administrative regulation or policy)
issued by the Office of Management and Budget: Provided
further, That negotiations shall be conducted within the
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World Trade Organization to recognize the right of members
to distribute monies collected from antidumping and coun-
tervailing duties: Provided further, That negotiations shall
be conducted within the World Trade Organization con-
sistent with the negotiating objectives contained in the
Trade Act of 2002, Public Law 107–210.
BUREAU OF INDUSTRY AND SECURITY
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and
abroad; full medical coverage for dependent members of im-
mediate families of employees stationed overseas; employ-
ment of Americans and aliens by contract for services
abroad; payment of tort claims, in the manner authorized
in the first paragraph of 28 U.S.C. 2672 when such claims
arise in foreign countries; not to exceed $15,000 for official
representation expenses abroad; awards of compensation to
informers under the Export Administration Act of 1979,
and as authorized by 22 U.S.C. 401(b); and purchase of
passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles
eligible for purchase without regard to any price limitation
otherwise established by law, $78,776,000, to remain avail-
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HR 3093 EAS
able until expended, of which $14,767,000 shall be for in-
spections and other activities related to national security:
Provided, That the provisions of the first sentence of section
105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and
2458(c)) shall apply in carrying out these activities: Pro-
vided further, That payments and contributions collected
and accepted for materials or services provided as part of
such activities may be retained for use in covering the cost
of such activities, and for providing information to the pub-
lic with respect to the export administration and national
security activities of the Department of Commerce and other
export control programs of the United States and other gov-
ernments.
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as pro-
vided by the Public Works and Economic Development Act
of 1965, and for trade adjustment assistance, $250,000,000,
to remain available until expended.
SALARIES AND EXPENSES
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$32,800,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
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Works Employment Act of 1976, title II of the Trade Act
of 1974, and the Community Emergency Drought Relief Act
of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce
in fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$30,200,000.
ECONOMIC AND INFORMATION INFRASTRUCTURE
ECONOMIC AND STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of eco-
nomic and statistical analysis programs of the Department
of Commerce, $85,000,000, to remain available until Sep-
tember 30, 2009.
BUREAU OF THE CENSUS
SALARIES AND EXPENSES
For expenses necessary for collecting, compiling, ana-
lyzing, preparing, and publishing statistics, provided for by
law, $226,238,000.
PERIODIC CENSUSES AND PROGRAMS
For expenses to collect and publish statistics for peri-
odic censuses and programs provided for by law,
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$1,020,406,000, to remain available until September 30,
2009.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the
National Telecommunications and Information Adminis-
tration (NTIA), $18,581,000, to remain available until
September 30, 2009: Provided, That, notwithstanding 31
U.S.C. 1535(d), the Secretary of Commerce shall charge
Federal agencies for costs incurred in spectrum manage-
ment, analysis, and operations, and related services and
such fees shall be retained and used as offsetting collections
for costs of such spectrum services, to remain available until
expended: Provided further, That the Secretary of Com-
merce is authorized to retain and use as offsetting collec-
tions all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in tele-
communications research, engineering, and related activi-
ties by the Institute for Telecommunication Sciences of
NTIA, in furtherance of its assigned functions under this
paragraph, and such funds received from other Government
agencies shall remain available until expended.
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PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
For the administration of grants authorized by section
392 of the Communications Act of 1934, $20,000,000, to
remain available until expended: Provided, That not to ex-
ceed $2,000,000 shall be available for program administra-
tion as authorized by section 391 of the Act: Provided fur-
ther, That, notwithstanding the provisions of section 391
of the Act, the prior year unobligated balances may be made
available for grants for projects for which applications have
been submitted and approved during any fiscal year.
TECHNOLOGY OPPORTUNITIES PROGRAM
For grants authorized by sections 391 and 392 of the
Communications Act of 1934, as amended, $10,000,000, to
remain available until expended: Provided, That funds pro-
vided under this heading shall be for competitive grants for
the construction of broadband services.
UNITED STATES PATENT AND TRADEMARK OFFICE
SALARIES AND EXPENSES
For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense
of suits instituted against the Under Secretary of Commerce
for Intellectual Property and Director of the United States
Patent and Trademark Office, $1,915,500,000, to remain
available until expended: Provided, That the sum herein ap-
propriated from the general fund shall be reduced as offset-
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ting collections assessed and collected pursuant to 15 U.S.C.
1113 and 35 U.S.C. 41 and 376 are received during fiscal
year 2008, so as to result in a fiscal year 2008 appropria-
tion from the general fund estimated at $0: Provided fur-
ther, That during fiscal year 2008, should the total amount
of offsetting fee collections be less than $1,915,500,000, this
amount shall be reduced accordingly: Provided further,
That any amount received in excess of $1,915,500,000 in
fiscal year 2008, in an amount up to $100,000,000, shall
remain available until expended: Provided further, That
not less than 1,020 full-time equivalents, 1,082 positions
and $214,150,000 shall be for the examination of trademark
applications; and not less than 8,522 full-time equivalents,
9,000 positions and $1,701,402,000 shall be for the exam-
ination and searching of patent applications: Provided fur-
ther, That not less than $18,000,000 shall be for training
of personnel: Provided further, That any deviation from the
full-time equivalent, position, and funding designations set
forth in the preceding provisos shall be subject to the proce-
dures set forth in section 505 of this Act: Provided further,
That from amounts provided herein, not to exceed $5,000
shall be made available in fiscal year 2008 for official recep-
tion and representation expenses: Provided further, That
notwithstanding section 1353 of title 31, United States
Code, no employee of the United States Patent and Trade-
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mark Office may accept payment or reimbursement from
a non-Federal entity for travel, subsistence, or related ex-
penses for the purpose of enabling an employee to attend
and participate in a convention, conference, or meeting
when the entity offering payment or reimbursement is a
person or corporation subject to regulation by the Office,
or represents a person or corporation subject to regulation
by the Office, unless the person or corporation is an organi-
zation exempt from taxation pursuant to section 501(c)(3)
of the Internal Revenue Code of 1986: Provided further,
That in fiscal year 2008, from the amounts made available
for ‘‘Salaries and Expenses’’ for the United States Patent
and Trademark Office (PTO), the amounts necessary to
pay: (1) the difference between the percentage of basic pay
contributed by the PTO and employees under section
8334(a) of title 5, United States Code, and the normal cost
percentage (as defined by section 8331(17) of that title) of
basic pay, of employees subject to subchapter III of chapter
83 of that title; and (2) the present value of the otherwise
unfunded accruing costs, as determined by the Office of Per-
sonnel Management, of post-retirement life insurance and
post-retirement health benefits coverage for all PTO employ-
ees, shall be transferred to the Civil Service Retirement and
Disability Fund, the Employees Life Insurance Fund, and
the Employees Health Benefits Fund, as appropriate, and
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shall be available for the authorized purposes of those ac-
counts: Provided further, That sections 801, 802, and 803
of Division B, Public Law 108–447 shall remain in effect
during fiscal year 2008: Provided further, That the Director
may reduce patent filing fees payable in 2008 for documents
filed electronically consistent with Federal regulation.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
For necessary expenses of the National Institute of
Standards and Technology, $502,117,000, to remain avail-
able until expended, of which not to exceed $12,500,000 may
be transferred to the ‘‘Working Capital Fund’’: Provided,
That not to exceed $7,500 shall be for official reception and
representation expenses.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses of the Hollings Manufacturing
Extension Partnership of the National Institute of Stand-
ards and Technology, $110,000,000, to remain available
until expended.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards
and Technology, $100,000,000, to remain available until
expended, of which not to exceed $1,500,000 shall be for In-
stitutional Support: Provided, That no single applicant
awards shall be made to companies with revenues greater
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than $1,000,000,000: Provided further, That funds shall not
support Standards Development pursuant to 15 U.S.C.
278n(h).
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including
architectural and engineering design, and for renovation
and maintenance of existing facilities, including agency
recreational and welfare facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c–278e, $150,900,000, to re-
main available until expended: Provided, That the Sec-
retary of Commerce shall include in the budget justification
materials that the Secretary submits to Congress in support
of the Department of Commerce budget (as submitted with
the budget of the President under section 1105(a) of title
31, United States Code) an estimate for each National In-
stitute of Standards and Technology construction project
having a total multi-year program cost of more than
$5,000,000 and simultaneously the budget justification ma-
terials shall include an estimate of the budgetary require-
ments for each such project for each of the five subsequent
fiscal years: Provided further, That notwithstanding any
other provision of law, of the amount made available for
construction of research facilities, $8,000,000 shall be for
the University of Mississippi Medical Center Biotechnology