WashingtonWatch.com - Revisions for H.R. 3093, The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2008

Revision by webmaster (January 11, 2008, 19:31:25)

Fri, 11 Jan 2008 18:31:25 EST

Making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008.

Detailed Summary

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 (USPTO); (9) the National Institute of Standards and Technology (NIST), including amounts for the Hollings Manufacturing Extension Partnership, the Advanced Technology Program, 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) Restricts the transfer of current fiscal year appropriations for the Department of Commerce in this Act. Makes special provision for transfers among appropriations made only to NOAA.

(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 "Last Best Place."

(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 (in lieu of 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, and directs the Secretary to promulgate regulations for that purpose. Authorizes appropriations.

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

(Sec. 114) Limits the authority of the Secretary of Commerce to acquire satellites for NOAA by requiring a certification of the technology and value of such satellites.

(Sec. 115) Requires the Director of the Bureau of Economic Analysis of the Department of Commerce to contract with the Council of the National Academy of Sciences for a study of investment in intangible assets. Requires the completion of such study within 18 months.

(Sec. 116) Requires the Secretary of Commerce to contract with the National Academy of Sciences to study whether the import price data published by the Bureau of Labor Statistics and other federal government economic data accurately reflect the economic condition of the United States.

(Sec. 117) Authorizes the Secretary of Commerce to develop, maintain, and make public a list of vessels and vessel owners engaged in illegal, unreported, or unregulated fishing and take appropriate action against the vessels and vessel owners on such list.

Title II: Department of Justice - Department of Justice Appropriations Act, 2008 - Makes appropriations for the Department of Justice (DOJ) 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 "Weed and Seed" 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) Restricts the transfer of current fiscal year appropriations for DOJ in this Act. Makes special provision for transfers among appropriations relating to the federal prison system.

(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 to the reprogramming procedures established by section 505 of this Act.

(Sec. 210) Amends the Consolidated Appropriations Act, 2004, to revise the membership of, and means of providing support to, the Alaska Rural Justice and Law Enforcement 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) Restricts funding for the FBI's Sentinel program until the FBI reports to the House and Senate Committees on Appropriations on the results of a completed integrated baseline review for that program. Prohibits funding for future development of the program until the Attorney General certifies to the Committees that certain performance measurements have been met.

(Sec. 217) Makes adjustments in funding levels for DOJ Justice Information Sharing Technology and Juvenile Justice Programs.

(Sec. 218) Reduces appropriations for DOJ general administration. Increases appropriations and specifies certain funding levels for violence against women prevention and prosecution programs.

(Sec. 219) Requires the Attorney General to submit quarterly reports to the Inspector General on the costs and contracting procedures for conferences held by DOJ in FY2008 for which costs exceeded $20,000.

(Sec. 220) Limits funding for certain DOJ conferences.

(Sec. 221) Authorizes the Attorney General to increase in FY2008-FY2012 U.S. Marshal positions to work on immigration-related matters, including transporting prisoners and working in federal courthouses. Authorizes appropriations.

(Sec. 222) Requires the FBI Director to report to Congress on background checks.

(Sec. 223) Provides authority to public or private institutions of higher education to grant student loan financing or forbearance to federal or District of Columbia employees who are current or former students of such institutions.

(Sec. 224) Rescinds certain unobligated balances available for the DOJ in prior fiscal years.

(Sec. 225) Increases funding for FBI analysis of DNA samples. Reduces funding for the Advanced Technology Program under NIST.

(Sec. 226) Requires the Attorney General to make funds available to expand Operation Streamline across the entire southwest border of the United States to control illegal entry across the U.S. border.

(Sec. 227) Increases funding for hiring 200 additional assistant U.S. attorneys for prosecution of child exploitation crimes.

(Sec. 228) Native American Methamphetamine Enforcement and Treatment Act of 2007 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to include territories and Indian tribes as eligible grant recipients (or reaffirm that eligibility) under the programs to: (1) address the manufacture, sale, and use of methamphetamine; (2) aid children in homes in which methamphetamine or other drugs are unlawfully manufactured, distributed, dispensed, or used; and (3) address methamphetamine use by pregnant and parenting women offenders.

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, education and human resources, agency operations and award management, the Office of the National Science Board, 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 "Made in America" 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 DOJ funds to discriminate against or denigrate the religious or moral beliefs of students who participate in DOJ 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 section 505 of 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 by any official or contract employee of the U.S. government.

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

(Sec. 521) Authorizes funds for DOJ 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 DOJ 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.

(Sec. 528) Allocates NASA funding for Teach for America for science, technology, engineering, and mathematics related activities.

(Sec. 529) Requires the departments, agencies, and commissions funded under this Act to establish and maintain on their websites: (1) a direct link to their Offices of Inspectors General; and (2) a mechanism on the Offices of Inspectors General website for anonymously reporting waste, fraud, or abuse.

(Sec. 530) Prohibits the award of a contract or grant in excess of $5 million under this Act unless the prospective contractor or grantee makes certain certifications regarding federal tax liability.

(Sec. 531) ED 1.0 Act - Allocates funds for a pilot program in the National Telecommunications and Information Administration to award nine grants to enable certain minority educational institutions to develop digital and wireless networks for online programs of study. Grants priority to institutions that serve counties with certain minority populations, income and educational levels, and negative population growth rates.

Requires the Administrator of the National Telecommunications and Information Administration to consult with Congress on a quarterly basis regarding such pilot program and to submit a progress report within one year after the enactment of this Act.

(Sec. 532) Requires the NASA Administrator to submit quarterly reports to the NASA Inspector General on the costs and contracting procedures for NASA conferences held during FY2008 costing the government more than $20,000.

(Sec. 533) Requires the NASA Administrator to report to Congress by September 30, 2008, and post on the NASA website, information on the cost of NASA conferences during FY2008.

(Sec. 534) Prohibits the use of funds in this Act for purposes inconsistent with U.S. trade remedy laws.

(Sec. 535) Prohibits funding under this Act for any public-private competition conducted under Office of Management and Budget Circular A-76 for work performed by employees of the Bureau of Prisons or Federal Prison Industries, Incorporated.

(Sec. 536) Prohibits the use of funds under this Act to circumvent any statutory or administrative formula-driven or competitive awarding process to award funds to a project in response to a request from a Member of Congress, unless such project has been disclosed in accordance with the rules of the Senate or House of Representatives.

(Sec. 537) Prohibits the use of funds under this Act to purchase first class or premium airline travel inconsistent with federal regulations.

(Sec. 538) Renames the Implementing Recommendations of the 9/11 Commission Act of 2007 as the 911 Modernization Act.

(Sec. 539) Amends the Omnibus Consolidated Rescissions and Appropriations Act of 1996 to expand the types of aliens to whom the Legal Services Corporation may provide legal services to include aliens admitted to the United States to perform forestry labor.

(Sec. 540) Amends the Immigration and Nationality Act to exempt certain returning H-2B nonimmigrant visa holders (foreign temporary nonagricultural workers) from the FY2008 H-2B visa cap.

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.

Title VII: Restitution - Restitution for Victims of Crime Act of 2007 - Subtitle A: Collection of Restitution - Collection of Restitution Improvement Act of 2007 - (Sec. 722) Amends the federal criminal code relating to restitution for victims of crime to: (1) require courts to enter an order for immediate restitution at the sentencing of a convict; (2) allow prosecutors to obtain, without a court order, financial information about a convict who owes restitution; (3) require identifying information about convicts to be included in restitution orders of more than $100; and (4) allow crime victims reimbursement of attorney fees incurred in seeking restitution.

Subtitle B: Preservation of Assets for Restitution - Preservation of Assets for Restitution Act of 2007 - (Sec. 742) Amends the federal criminal code to require courts to issue protective orders for preservation of assets available to satisfy restitution claims.

(Sec. 744) Amends the federal judicial code to provide for prejudgment remedies to protect assets available to satisfy restitution claims.

Status of the Legislation

Latest Major Action: 12/12/2007: Resolving differences -- House actions. Status: The conferees on the part of the House are discharged and H.R. 3093 is laid on the table pursuant to H. Res. 860.

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Points Against

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Revision by webmaster (November 26, 2007, 18:43:55)

Mon, 26 Nov 2007 17:43:55 EST