Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2008

Bill: 110-s-1745
Sponsor: Sen. Mikulski, Barbara A. [D-MD]
Introduced: 2007-06-29 in the Senate
Policy area: Economics and Public Finance
Subjects: Abortion
Administration of justice
Administrative procedure
Aeronautics
Alaska
Animals
Antitrust law
Appropriations
Armed Forces and National Security
Astronautics
Atmosphere
Bankruptcy
Cable television
Child health
Civil Rights and Liberties, Minority Issues
Commemorations
Commerce
Commission on Civil Rights
Community policing
Compensation for victims of crime
Congress
Congressional oversight
Congressional reporting requirements
Crime and Law Enforcement
Crime prevention
Crimes against women
Criminal investigation
Department of Commerce
Department of Justice
District courts
Drug Enforcement Administration (DEA)
Electronic government information
English language
Equal Employment Opportunity Commission
Executive Office of the President
Executive reorganization
Families
Federal Bureau of Investigation (FBI)
Federal aid to law enforcement
Federal employees
Federally-guaranteed loans
Finance and Financial Sector
Fines (Penalties)
Firearms control
Fishery management
Foreign Trade and International Finance
Forfeiture
Government Operations and Politics
Government liability
Government paperwork
Government procurement
Government trust funds
Hawaii
Health
Identification of criminals
Inspectors general
Intellectual property
International Affairs
International claims
Iron and steel industry
Islands
Judicial officers
Labor and Employment
Law
Layoffs
Leases
Legal Services Corporation
Marine Mammal Commission
Marine and coastal resources, fisheries
National Aeronautics and Space Administration
National monuments
Occupational health and safety
Oceanography
Office of the U.S. Trade Representative
Parole
Performance measurement
Personnel management
Prisoners
Prisons
Prosecution
Public Lands and Natural Resources
Public prosecutors
Recreation
Religion
Religious liberty
Reprogramming of appropriated funds
Rescission of appropriated funds
Research and development
Science, Technology, Communications
Sentences (Criminal procedure)
Space activities
Space exploration
Sports and Recreation
Standards
State courts
Technological innovations
Torture
Trade negotiations
Trademarks
Trusts and trustees
Turtles
Undercover operations
User charges
Vaccines
Women

Summary:
action_date: 2007-06-29
text: 
Department of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2008 - Makes appropriations for FY2008 for the Departments of Commerce and Justice, for science-related programs, and related agencies. 

Department of Commerce Appropriations Act, 2008 - Makes appropriations for the Department of Commerce for FY2008 for various agencies and programs, including transfers of funds. Rescinds certain unobligated balances.

Department of Justice Appropriations Act, 2008 - Makes appropriations for the Department of Justice for FY2008 for various agencies and programs, including transfers of funds. Rescinds certain unobligated balances.

Science Appropriations Act, 2008 - Makes appropriations for FY2008 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA), including for the Office of Inspector General; and (3) the National Science Foundation (NSF), including for the Office of Inspector General.

Makes appropriations for FY2008 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the International Trade Commission; (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the Office of the U.S. Trade Representative; and (7) the State Justice Institute.

Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.

action_date: 2007-06-29
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2008 - Makes appropriations for FY2008 for the Departments of Commerce and Justice, for science-related programs, and related agencies.

Title I: Department of Commerce
 - Department of Commerce Appropriations Act, 2008 - Makes appropriations for the Department of Commerce for FY2008 for: (1) the International Trade Administration; (2) the Bureau of Industry and Security; (3) the Economic Development Administration; (4) the Minority Business Development Agency; (5) economic and statistical analysis programs; (6) the Bureau of the Census; (7) the National Telecommunications and Information Administration, including for grants for public telecommunications facilities planning and construction and for construction of broadband services; (8) the U.S. Patent and Trademark Office; (9) the National Institute of Standards and Technology (NIST), including amounts for the Hollings Manufacturing Extension Partnership of NIST and for construction of new research facilities; (10) the National Oceanic and Atmospheric Administration (NOAA), including transfers of funds, and an amount for procurement, acquisition, and construction of capital assets; (11) restoration of Pacific salmon populations; (12) the Coastal Zone Management Fund, including a transfer of funds; (13) the fisheries finance program account; (14) departmental management, including for the Office of Inspector General; (15) the renovation and modernization of the Herbert C. Hoover Building; and (16) the National Intellectual Property Law Enforcement Coordination Council.

(Sec. 101) Allows Department of Commerce funds to be made available for certain functions and activities of the Department and for advanced payments not otherwise authorized upon the certification of a Department of Commerce official that such payments are in the public interest. 

(Sec. 102) Authorizes funding for hire of passenger motor vehicles, for services, and for uniforms or allowances.

(Sec. 103) Prohibits more than 5% of appropriations made available for the current fiscal year for the Department of Commerce in this Act from being transferred between such appropriations and from increasing any such appropriation by more than 10% as a result of any such transfer.

(Sec. 104) Permits a transfer of funds to cover certain costs incurred resulting from personnel actions taken in response to funding reductions. 

(Sec. 105) Extends through 2009 the authority of the Emergency Steel Loan Guarantee Board to make commitments to guarantee any loan to a qualified steel company.

Authorizes funding for salaries and administrative expenses to administer the Emergency Steel Loan Guarantee Program.

(Sec. 106) Prohibits the use of any funds under this Act to register, issue, transfer, or enforce any trademark of the phrase &quot;Last Best Place.&quot;

(Sec. 107) Authorizes funding for food expenses for certain trade negotiators when sequestered. 

(Sec. 108) Authorizes the expansion of the Department of Commerce personnel management demonstration project to involve more than 5,000 individuals and extends such project indefinitely.

(Sec. 109) Amends the Stevenson-Wydler Technology Innovation Act of 1980 to eliminate the Department of Commerce Technology Administration.

Amends the National Technical Information Act of 1988 to require the Director of the National Technical Information Service to report to the Director of NIST (instead of to the Under Secretary of Commerce for Technology). 

(Sec. 110) Authorizes the Secretary of Commerce to promulgate safety and health standards or regulations for scientific and occupational diving within NOAA.

(Sec. 111) Authorizes NOAA to engage in activities for the completion of its Pacific Regional Center on Ford Island, Hawaii. Authorizes appropriations. 

(Sec. 112) Authorizes the Secretary of Commerce to conduct a voluntary capacity reduction program to remove all commercial fishing in the Papaha-naumokua-kea Marine National Monument area prior to June 15, 2011. Authorizes appropriations.

(Sec. 113) Authorizes additional funding for the NIST Building 1 Extension.

Title II: Department of Justice
 - Department of Justice Appropriations Act, 2008 - Makes appropriations for the Department of Justice for 2008 for: (1) general administration, including for information sharing technology, conversion to narrowband communications, administration of pardon and clemency petitions and immigration-related activities, the Federal Detention Trustee, and the Office of Inspector General; (2) The U.S. Parole Commission; (3) legal activities, including reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986, antitrust enforcement, the Offices of the U.S. Attorneys, the U.S. Trustee Program, and the Foreign Claims Settlement Commission; (4) the U.S. Marshals Service, including for courthouse security equipment, construction, fees and expenses of witnesses, the Community Relations Service, and certain uses of the Assets Forfeiture Fund; (5) the National Security Division; (6) interagency crime and drug enforcement; (7) the Federal Bureau of Investigation (FBI); (8) the Drug Enforcement Administration (DEA); (9) the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); (10) the federal prison system, including for the construction of new buildings and facilities and the Federal Prison Industries, Incorporated (subject to certain limitations on administrative expenses); (11) the Office on Violence Against Women for violence against women prevention and prosecution programs; and (12) the Office of Justice Programs, including state and local law enforcement assistance, for necessary expenses to implement the &quot;Weed and Seed&quot; program, community-oriented policing service (including a transfer of funds), juvenile justice programs, and public safety officers benefits.

(Sec. 201) Prohibits the use of funds appropriated by this title to: (1) pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term or in the case of rape; or (2) require any person to perform or facilitate an abortion. 

(Sec. 203) Reaffirms the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside a federal facility.

(Sec. 204) Prohibits more than 5% of any appropriations made available for the current fiscal year for the Department of Justice in this Act from being transferred between such appropriations and from increasing such appropriations by more than 10% as a result of such transfer.

(Sec. 205) Authorizes the Attorney General to extend through FY2009 the Personnel Management Demonstration Project without limitation on the number of employees or the positions covered. 

(Sec. 206) Extends certain authorities for FBI and DEA undercover investigative operations to ATF.

(Sec. 207) Prohibits funding to transport a maximum or high security prisoner other than to a prison or facility certified by the Bureau of Prisons as appropriately secure. 

(Sec. 208) Prohibits funding by federal prisons to purchase cable television services or equipment used primarily for recreational purposes. Allows such services for equipment for inmate training or for religious or educational programs.

(Sec. 209) Subjects any deviation from the amounts designated for specific activities in this Act and accompanying report, or any use of deobligated balances of funds provided under this title in previous years, to certain procedures for reprogramming of funds established by this Act. 

(Sec. 210) Amends the Consolidated Appropriations Act, 2004 to: (1) require the Alaska Rural Justice and Law Enforcement Commission to add as members of the Commission the Commissioner of Health & Social Services for Alaska and a representative of an Alaska Native healthcare provider; (2) permit the chief judge for the Federal District Court for the District of Alaska to appoint a nonvoting judge to provide technical support to the Commission; and (3) authorize the Chief Justice of the Alaska Supreme Court to appoint a nonvoting representative of the Alaska Supreme Court to provide technical support to the Commission.

(Sec. 211) Requires certain fines imposed upon bankruptcy petition preparers to be deposited into the U.S. Trustee System Fund appropriations account. 

(Sec. 212) Revises the fees schedule for disbursements in a Chapter 11 bankruptcy case.

(Sec. 213) Requires federal reimbursements to the District of Columbia for felons and recommitted parolees to begin no later that the date of sentencing of such felons and the date of the commitment of such parolees to prison.

(Sec. 214) Prohibits funding for U.S. Attorneys who are assigned dual or additional responsibilities by the Attorney General that exempt such U.S. Attorneys from applicable residency requirements.

(Sec. 215) Prohibits the obligation of funds for the FBI's Sentinel procurement until the Government Accountability Office (GAO) has certified to the Senate Committees on Appropriations and the Judiciary that a performance measurement baseline has been established and the FBI is using a specific performance-based management system to measure goals. 

(Sec. 216) Prohibits the obligation of funds for any work, development or procurement of the Sentinel information technology program phases III or IV until the GAO certifies to the Senate Committees on Appropriations and the Judiciary that the phase under construction has reached 70% completion and the estimated cost to complete the phase does not exceed 35% of the budgeted cost for such phase. 

Title III: Science
 - Science Appropriations Act, 2008 - Makes appropriations for FY2008 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA) for science, aeronautics and exploration research and development activities and for the Office of Inspector General; and (3) the National Science Foundation (NSF) for research, equipment and facilities construction, science and engineering education and human resources programs, and the Office of Inspector General.

Requires, for FY2009 and hereafter, NASA to provide specific information in its annual budget justification relating to proposed funding levels and estimated budgets for the next five fiscal years.

Title IV: Related Agencies 
- Makes appropriations for FY2008 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the International Trade Commission (ITC); (4) the Legal Services Corporation; (5) the Marine Mammal Commission; (6) the Office of the U.S. Trade Representative; and (7) the State Justice Institute. 

Prohibits the use of any funds available to the EEOC to operate the National Contact Center. 

Prohibits the EEOC from taking any action to implement any workforce repositioning, restructuring, or reorganization until notice of such actions is given to the Senate Committee on Appropriations.

Title V: General Provisions 
- Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act. 

(Sec. 501) Requires the Departments of Commerce and Justice, NSF, and NASA to provide the Senate Committee on Appropriations with a quarterly accounting of unobligated funds available to those agencies in any previous appropriations Act. 

(Sec. 502) Prohibits any part of any appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided in this Act. 

(Sec. 503) Limits expenditures for consulting services through procurement contracts to those contracts where expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law.

(Sec. 504) Provides for severability of provisions of this Act if certain other provisions are held invalid.

(Sec. 505) Prohibits any reprogramming of funds that creates, eliminates, or otherwise affects any existing programs, unless the Senate Committee on Appropriations is notified 15 days in advance.

(Sec. 506) Prohibits the use of funds for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for NOAA in shipyards located outside of the United States.

(Sec. 507) Renders any person who mislabels a product sold in or shipped to the United States as &quot;Made in America&quot; ineligible to receive any contract or subcontract funded by this Act. 

(Sec. 508) Permits a transfer of funds to cover certain costs incurred resulting from personnel actions taken in response to funding reductions. 

(Sec. 509) Prohibits the use of funds under this Act to promote the sale or export of tobacco or tobacco products or to seek the removal of restrictions on marketing of such products.

(Sec. 510) Prohibits funding for the implementation of: (1) any user fee for background checks under the Brady Handgun Control Act of 1993; and (2) any background check system that does not require and result in the destruction of information submitted by an individual certified as eligible to possess or receive a firearm.

(Sec. 511) Bars amounts in the Crime Victims Fund in excess of $625 million in any fiscal year from being available for obligation until the following fiscal year.

(Sec. 512) Prohibits the use of Department of Justice funds to discriminate against or denigrate the religious or moral beliefs of students who participate in Department of Justice programs or of the parents or legal guardians of such students. 

(Sec. 513) Prohibits the transfer of funds made available in this Act to any federal entity, except as authorized in this Act or any other appropriations Act. 

(Sec. 514) Designates the Secretary of Commerce as the U.S. representative in negotiating and monitoring international agreements on fisheries, marine mammals, or sea turtles.

(Sec. 515) Subjects funding for implementing E-Government Initiatives to the reprogramming limits established by this Act. 

(Sec. 516) Requires the Inspectors General of the Departments of Commerce and Justice, NASA, and NSF to conduct audits of grants or contracts funded by this Act and submit reports to Congress on the progress of such audits. Requires the results of such audits to be made available to the public on federal websites. Prohibits the use of funds for banquets and conferences not directly related to a grant or contract purpose. Requires a grant or contract recipient to submit a conflict of interest statement.

(Sec. 517) Prohibits the use of funds under this Act to issue patents on claims directed to or encompassing a human organism. 

(Sec. 518) Requires program managers of projects within the jurisdiction of the Departments of Commerce or Justice, NASA, or NSF totaling more than $75 million to inform department heads of any increase in program costs of 10% or more. Requires department heads to notify the Senate Committee on Appropriations of any such increases.

(Sec. 519) Prohibits the use of funds under this Act to support or justify the use of torture. 

(Sec. 520) Prohibits the reprogramming or transfer of funds after June 30, except in extraordinary circumstances. 

(Sec. 521) Authorizes funds for Department of Justice intelligence activities during FY2008 until the enactment of the Intelligence Authorization Act for FY2008.

(Sec. 522) Requires the Offices of Inspector General funded under this Act to: (1) forward all audit reports to the Senate Committee on Appropriations immediately after they are issued; (2) make the Committee aware of any review that recommends changes to any major acquisition project or grant or that recommends significant budgetary savings; and (3) withhold from public distribution for 15 days any final audit or investigation report requested by the Committee. 

(Sec. 523) Prohibits the use of funds to implement, administer, or enforce any EEOC guidelines covering harassment based on religion.

(Sec. 524) Prohibits Department of Justice funds from being used to make a grant allocation, a discretionary grant award, or a discretionary contract award, or to publicly announce the intention to make such an award, unless the Attorney General, Secretary, Administrator, or Director of the appropriate agency or bureau notifies the Senate Committee on Appropriations at least three full business days in advance.

(Sec. 525) Prohibits funding to implement an involuntary reduction in force at any NASA center during FY2008.

(Sec. 526) Amends the National Aeronautics and Space Administration Act of 1958 to modify the authority of the NASA Administrator to enter into certain enhanced-use leases of real property.

(Sec. 527) Prohibits the EEOC from taking legal action against any entity for requiring an employee to speak English while engaged in work.

Title VI: Rescissions - 
Rescinds unobligated balances available for Department of Commerce industrial technology services and for Department of Justice general administration, legal activities, and Office of Justice programs.


Legislative actions:
action_date: 2007-06-29
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 259.
action_date: 2007-06-29
text: Committee on Appropriations. Original measure reported to Senate by Senator Mikulski. With written report No. 110-124.
action_date: 2007-06-29
text: Committee on Appropriations. Original measure reported to Senate by Senator Mikulski. With written report No. 110-124.
action_date: 2007-06-29
text: Introduced in Senate
action_date: 2007-05-03
text: Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-329.
action_date: 2007-04-26
text: Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-329.
action_date: 2007-04-19
text: Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-329.
action_date: 2007-03-15
text: Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-329.
action_date: 2007-03-08
text: Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-329.
action_date: 2007-03-01
text: Committee on Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies. Hearings held prior to introduction and/or referral. Hearings printed: S.Hrg. 110-329.