Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2007

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5672 Reported in Senate (RS)]

Calendar No. 516
109th CONGRESS
2d Session
H.R. 5672

[Report No. 109-280]

Rule___________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 29, 2006

Received; read twice and referred to the Committee on Appropriations

July 13, 2006

Reported by Mr. Shelby, with an amendment and an amendment to the title
[Strike out all after the enacting clause and insert the part printed
in italic]

_______________________________________________________________________

AN ACT

Making appropriations for Science, the Departments of State, Justice,
and Commerce, and related agencies for the fiscal year ending September
30, 2007, and for other purposes.

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

That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2007, and for other purposes, namely:

TITLE I

DEPARTMENT OF JUSTICE

General Administration

salaries and expenses

For expenses necessary for the administration of the Department of
Justice, $41,126,000, of which not to exceed $3,317,000 is for the
Facilities Program 2000, to remain available until expended: Provided,
That not to exceed 45 permanent positions and 46 full-time equivalent
workyears and $11,821,000 shall be expended for the Department
Leadership Program, exclusive of augmentation that occurred in these
offices in fiscal year 2005: Provided further, That not to exceed 12
permanent positions, 12 full-time equivalent workyears and $800,000
shall be expended for the Office of Legislative Affairs: Provided
further, That not to exceed 12 permanent positions, 12 full-time
equivalent workyears and $800,000 shall be expended for the Office of
Public Affairs: Provided further, That the Offices of Legislative
Affairs and Public Affairs may not utilize, on a non-reimbursable basis
details of career employees within the ceilings provided for the Office
of Legislative Affairs and the Office of Public Affairs: Provided
further, That the Attorney General is authorized to transfer funds
appropriated within General Administration to any office in this
account: Provided further, That no appropriations for any office within
General Administration shall be increased or decreased by more than 5
percent by all such transfers: Provided further, That $11,704,000 is
for Department Leadership; $2,400,000 is for Intergovernmental
Relations/External Affairs; $9,553,000 is for Executive Support/
Professional Responsibility; and $62,632,000 is for the Justice
Management Division: Provided further, That $30,000,000 shall be
withheld from obligation until the Attorney General certifies to the
Senate Committee on Appropriations that appropriations provided for
fiscal year 2007 prison construction have been obligated and all
related contracts awarded: Provided further, That any change in funding
greater than 5 percent shall be submitted for approval to the House and
Senate Committee on Appropriations consistent with the terms of section
505 of this Act: Provided further, That this transfer authority is in
addition to transfers authorized under section 505 of this Act.

national security division

salaries and expenses

For expenses necessary to carry out the activities of the National
Security Division, $64,866,000; of which not to exceed $5,000,000 for
information technology systems and shall remain available until
expended: Provided, That notwithstanding section 105 of this Act, upon
a determination by the Attorney General that emergent circumstances
require additional funding for the activities of the National Security
Division, the Attorney General may transfer such amounts to this
heading from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.

justice information sharing technology

For necessary expenses for information sharing technology,
including planning, development, deployment and Departmental direction,
$100,000,000, to remain available until expended: Provided, That, of
the funds available $15,000,000 is for the unified financial management
system to be administered by the Unified Financial Management System
Executive Council.

narrowband communications/integrated wireless network

For the costs of conversion to narrowband communications, including
the cost for operation and maintenance of Land Mobile Radio legacy
systems, $75,000,000, to remain available until September 30, 2008:
Provided, That the Attorney General shall transfer to this account all
funds made available to the Department of Justice for the purchase of
portable and mobile radios: Provided further, That any transfer made
under the preceding proviso shall be subject to section 505 of this
Act: Provided further, That the Attorney General shall transfer to the
``Narrowband Communications/Integrated Wireless Network'' account all
funds made available in this Act to the Department of Justice for the
purchase of portable and mobile radios and related infrastructure and
any transfer made under this section shall be subject to section 505 of
this Act.

administrative review and appeals

For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities, $229,212,000.

detention trustee

For necessary expenses of the Federal Detention Trustee,
$1,332,326,000, of which $53,168,000 shall be derived from prior year
unobligated balances from funds previously appropriated, to remain
available until expended: Provided, That the Trustee shall be
responsible for managing the Justice Prisoner and Alien Transportation
System and for overseeing housing related to such detention: Provided
further, That any unobligated balances available in prior years from
the funds appropriated under the heading ``Federal Prisoner Detention''
shall be transferred to and merged with the appropriation under the
heading ``Detention Trustee'' and shall be available until expended.

office of inspector general

For necessary expenses of the Office of Inspector General,
$70,558,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.

United States Parole Commission

salaries and expenses

For necessary expenses of the United States Parole Commission as
authorized, $11,500,000.

Legal Activities

general legal activities

salaries and expenses

(including transfer of funds)

For expenses necessary for the legal activities of the Department
of Justice, not otherwise provided for, including not to exceed $20,000
for expenses of collecting evidence, to be expended under the direction
of, and to be accounted for solely under the certificate of, the
Attorney General; and rent of private or Government-owned space in the
District of Columbia, $654,324,000, of which not to exceed $10,000,000
is for litigation support contracts and shall remain available until
expended: Provided, That of the total amount appropriated, not to
exceed $1,000 shall be available to the United States National Central
Bureau, INTERPOL, for official reception and representation expenses:
Provided further, That notwithstanding section 105 of this Act, upon a
determination by the Attorney General that emergent circumstances
require additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to ``Salaries
and Expenses, General Legal Activities'' from available appropriations
for the current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further, That any
transfer pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures
set forth in that section: Provided further, That in addition there is
hereby appropriated $6,333,000 for reimbursement of expenses of the
Department of Justice associated with processing cases under the
National Childhood Vaccine Injury Act of 1986, to be appropriated from
the Vaccine Injury Compensation Trust Fund.

antitrust division

salaries and expenses

For expenses necessary for the enforcement of antitrust and kindred
laws, $147,742,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, not to exceed $129,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation, and shall remain available until expended: Provided
further, That the sum herein appropriated from the general fund shall
be reduced as such offsetting collections are received during fiscal
year 2007, so as to result in a final fiscal year 2007 appropriation
from the general fund estimated at not more than $18,742,000.

united states attorneys

salaries and expenses

For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements,
$1,646,195,000: Provided, That of the total amount appropriated, not to
exceed $8,000 shall be available for official reception and
representation expenses: Provided further, That not to exceed
$20,000,000 shall remain available until expended.

united states trustee system fund

For necessary expenses of the United States Trustee Program, as
authorized, $234,000,000, to remain available until expended and to be
derived from the United States Trustee System Fund: Provided, That,
notwithstanding any other provision of law, deposits to the Fund shall
be available in such amounts as may be necessary to pay refunds due
depositors: Provided further, That, notwithstanding any other provision
of law, $234,000,000 of offsetting collections pursuant to 28 U.S.C.
589a(b) shall be retained and used for necessary expenses in this
appropriation and remain available until expended: Provided further,
That the sum herein appropriated from the Fund shall be reduced as such
offsetting collections are received during fiscal year 2007, so as to
result in a final fiscal year 2007 appropriation from the Fund
estimated at $0.

foreign claims settlement commission

salaries and expenses

For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized by
section 3109 of title 5, United States Code, $1,431,000.

United States Marshals Service

salaries and expenses

For necessary expenses of the United States Marshals Service,
$844,761,000; of which not to exceed $6,000 shall be available for
official reception and representation expenses; of which $4,000,000
shall be for information technology systems and shall remain available
until expended: Provided, That not less than $12,079,000 shall be
available for the costs of courthouse security equipment, including
furnishings, relocations, and telephone systems and cabling, and shall
remain available until expended.

construction

For construction in space controlled, occupied, or utilized by the
United States Marshals Service in United States courthouses and Federal
buildings, $11,282,000, to remain available until expended: Provided,
That not less than $10,000,000 shall be available for the costs of
construction in spaces controlled, occupied, or utilized by the United
States Marshals Service and shall remain available until expended.

fees and expenses of witnesses

For fees and expenses of witnesses, for expenses of contracts for
the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $171,000,000, to remain available until expended: Provided,
That, not to exceed $10,000,000 may be made available for construction
of buildings for protected witness safesites: Provided further, That
not to exceed $1,000,000 may be made available for the purchase and
maintenance of armored vehicles for transportation of protected
witnesses: Provided further, That not to exceed $9,000,000 may be made
available for the purchase, installation, maintenance, and upgrade of
secure telecommunications equipment and a secure automated information
network to store and retrieve the identities and locations of protected
witnesses.

community relations service

salaries and expenses

For necessary expenses of the Community Relations Service,
$9,536,000: Provided, That notwithstanding section 105 of this Act,
upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service, the
Attorney General may transfer such amounts to the Community Relations
Service, from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to the
previous proviso shall be treated as a reprogramming under section 505
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section.

assets forfeiture fund

For expenses authorized by subparagraphs (B), (F), and (G) of
section 524(c)(1) of title 28, United States Code, $21,202,000, to be
derived from the Department of Justice Assets Forfeiture Fund.

Interagency Law Enforcement

interagency crime and drug enforcement

For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking and affiliated money laundering organizations not otherwise
provided for, to include inter-governmental agreements with State and
local law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $388,000,000, of which $50,000,000 shall remain available
until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.

Federal Bureau of Investigation

salaries and expenses

For necessary expenses of the Federal Bureau of Investigation for
detection, investigation, and prosecution of crimes against the United
States; including purchase for police-type use of not to exceed 3,868
passenger motor vehicles, of which 3,039 will be for replacement only;
and not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code, $5,854,219,000; of which not to exceed $150,000,000 shall
remain available until expended: Provided, That $2,307,994,000 shall be
for counterterrorism investigations, foreign counterintelligence, and
other activities related to national security; and of which not to
exceed $25,000,000 is authorized to be made available for making
advances for expenses arising out of contractual or reimbursable
agreements with State and local law enforcement agencies while engaged
in cooperative activities related to violent crime, terrorism,
organized crime, gang-related crime, cybercrime, child pornography, and
drug investigations: Provided further, That $4,000,000 shall remain
available until expended to hire additional forensic scientists and
related support staff: Provided further, That $10,000,000 shall be
withheld from obligation until the Director of the Federal Bureau of
Investigation certifies to the Senate Committee on Appropriations that
all materials related to the Department of Justice Office of Inspector
General audit of Federal Bureau of Investigation Information Technology
Systems have been provided to the Department of Justice Office of
Inspector General: Provided further, That not to exceed $150,000 shall
be available for official reception and representation expenses.

construction

For necessary expenses to construct or acquire buildings and sites
by purchase, or as otherwise authorized by law (including equipment for
such buildings); conversion and extension of Federally-owned buildings;
and preliminary planning and design of projects; $120,696,000, to
remain available until expended: Provided, That $62,221,000 shall be
available for Sensitive Compartmented Information Facilities (SCIFs):
Provided further, That $28,000,00 shall be available for the planning,
design, and construction of a Regional Computer Forensic Laboratory at
Redstone Arsenal: Provided further, That $30,475,000 shall be available
for the planning, design, and construction of a Forensic Science
Training Academy to be located at Redstone Arsenal.

Drug Enforcement Administration

salaries and expenses

For necessary expenses of the Drug Enforcement Administration,
including not to exceed $70,000 to meet unforeseen emergencies of a
confidential character pursuant to section 530C of title 28, United
States Code; expenses for conducting drug education and training
programs, including travel and related expenses for participants in
such programs and the distribution of items of token value that promote
the goals of such programs; and purchase of not to exceed 1,043
passenger motor vehicles, of which 937 shall be for replacement only,
for police-type use, $1,723,674,000; of which not to exceed $75,000,000
shall remain available until expended; and of which not to exceed
$80,000 shall be available for official reception and representation
expenses.

Bureau of Alcohol, Tobacco, Firearms, and Explosives

salaries and expenses

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms,
and Explosives, including the purchase of not to exceed 822 vehicles
for police-type use, of which 650 shall be for replacement only; not to
exceed $50,000 for official reception and representation expenses; for
training of State and local law enforcement agencies with or without
reimbursement, including training in connection with the training and
acquisition of canines for explosives and fire accelerants detection;
and for provision of laboratory assistance to State and local law
enforcement agencies, with or without reimbursement, $985,000,000, of
which not to exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by section 924(d)(2) of title 18, United
States Code; and of which $10,000,000 shall remain available until
expended: Provided, That no funds appropriated herein shall be
available for salaries or administrative expenses in connection with
consolidating or centralizing, within the Department of Justice, the
records, or any portion thereof, of acquisition and disposition of
firearms maintained by Federal firearms licensees: Provided further,
That no funds appropriated herein shall be used to pay administrative
expenses or the compensation of any officer or employee of the United
States to implement an amendment or amendments to 27 CFR 178.118 or to
change the definition of ``curios or relics'' in 27 CFR 178.11 or
remove any item from ATF Publication 5300.11 as it existed on January
1, 1994: Provided further, That none of the funds appropriated herein
shall be available to investigate or act upon applications for relief
from Federal firearms disabilities under 18 U.S.C. 925(c): Provided
further, That such funds shall be available to investigate and act upon
applications filed by corporations for relief from Federal firearms
disabilities under section 925(c) of title 18, United States Code:
Provided further, That no funds made available by this or any other Act
may be used to transfer the functions, missions, or activities of the
Bureau of Alcohol, Tobacco, Firearms, and Explosives to other agencies
or Departments in fiscal year 2007: Provided further, That no funds
appropriated under this or any other Act with respect to any fiscal
year may be used to disclose part or all of the contents of the
Firearms Trace System database maintained by the National Trace Center
of the Bureau of Alcohol, Tobacco, Firearms, and Explosives or any
information required to be kept by licensees pursuant to section 923(g)
of title 18, United States Code, or required to be reported pursuant to
paragraphs (3) and (7) of such section 923(g), to anyone other than a
Federal, State, or local law enforcement agency or a prosecutor solely
in connection with and for use in a bona fide criminal investigation or
prosecution, and then only such information as pertains to the
geographic jurisdiction of the law enforcement agency requesting the
disclosure and not for use in any civil action or proceeding other than
an action or proceeding commenced by the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, or a review of such an action or proceeding,
to enforce the provisions of chapter 44 of such title, and all such
data shall be immune from legal process and shall not be subject to
subpoena or other discovery, shall be inadmissible in evidence, and
shall not be used, relied on, or disclosed in any manner, nor shall
testimony or other evidence be permitted based upon such data, in any
civil action pending on or filed after the effective date of this Act
in any State (including the District of Columbia) or Federal court or
in any administrative proceeding other than a proceeding commenced by
the Bureau of Alcohol, Tobacco, Firearms, and Explosives to enforce the
provisions of that chapter, or a review of such an action or
proceeding; except that this proviso shall not be construed to prevent
the disclosure of statistical information concerning total production,
importation, and exportation by each licensed importer (as defined in
section 921(a)(9) of such title) and licensed manufacturer (as defined
in section 921(a)(10) of such title): Provided further, That no funds
made available by this or any other Act shall be expended to promulgate
or implement any rule requiring a physical inventory of any business
licensed under section 923 of title 18, United States Code: Provided
further, That no funds under this Act may be used to electronically
retrieve information gathered pursuant to 18 U.S.C. 923(g)(4) by name
or any personal identification code: Provided further, That no funds
authorized or made available under this or any other Act may be used to
deny any application for a license under section 923 of title 18,
United States Code, or renewal of such a license due to a lack of
business activity, provided that the applicant is otherwise eligible to
receive such a license, and is eligible to report business income or to
claim an income tax deduction for business expenses under the Internal
Revenue Code of 1986: Provided further, That $30,000,000, to remain
available until expended, shall be for the expenses necessary for
architectural design, site preparation and the construction of the
National Center for Explosives Training and Research.

Federal Prison System

salaries and expenses

For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, including purchase (not to exceed 640, of
which 605 are for replacement only) and hire of law enforcement and
passenger motor vehicles, and for the provision of technical assistance
and advice on corrections related issues to foreign governments,
$4,986,147,000: Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as may be
necessary for direct expenditures by that Administration for medical
relief for inmates of Federal penal and correctional institutions:
Provided further, That the Director of the Federal Prison System, where
necessary, may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts payable to
persons who, on behalf of the Federal Prison System, furnish health
services to individuals committed to the custody of the Federal Prison
System: Provided further, That not to exceed $6,000 shall be available
for official reception and representation expenses: Provided further,
That not to exceed $50,000,000 shall remain available for necessary
operations until September 30, 2008: Provided further, That no funds
shall be available to solicit, bid, procure, or award contracts to
replace current Intergovernmental Agreements until all current debts
incurred by the parties to the intergovernmental agreements to execute
those agreements for the Bureau of Prisons have been fully extinguished
and satisfied: Provided further, That, of the amounts provided for
Contract Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants, contracts and
reimbursable agreements, and other expenses authorized by section
501(c) of the Refugee Education Assistance Act of 1980 (8 U.S.C. 1522
note), for the care and security in the United States of Cuban and
Haitian entrants: Provided further, That the Director of the Federal
Prison System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity which
has operated such program in the past notwithstanding the fact that
such not-for-profit entity furnishes services under contracts to the
Federal Prison System relating to the operation of pre-release
services, halfway houses, or other custodial facilities.

buildings and facilities

For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings and
facilities at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force account,
$315,092,000, to remain available until expended, of which not to
exceed $14,000,000 shall be available to construct areas for inmate
work programs: Provided, That of the funds made available under this
heading, $129,000,000 shall be for the completion of facilities in
McDowell, West Virginia and Berlin, New Hampshire: Provided further,
That labor of United States prisoners may be used for work performed
under this appropriation.

federal prison industries, incorporated

The Federal Prison Industries, Incorporated, is hereby authorized
to make such expenditures, within the limits of funds and borrowing
authority available, and in accord with the law, and to make such
contracts and commitments, without regard to fiscal year limitations as
provided by section 9104 of title 31, United States Code, as may be
necessary in carrying out the program set forth in the budget for the
current fiscal year for such corporation, including purchase (not to
exceed five for replacement only) and hire of passenger motor vehicles.

limitation on administrative expenses, federal prison industries,
incorporated

Not to exceed $2,400,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its administrative
expenses, and for services as authorized by section 3109 of title 5,
United States Code, to be computed on an accrual basis to be determined
in accordance with the corporation's current prescribed accounting
system, and such amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system requires to be
capitalized or charged to cost of commodities acquired or produced,
including selling and shipping expenses, and expenses in connection
with acquisition, construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property belonging
to the corporation or in which it has an interest.

Office on Violence Against Women

violence against women prevention and prosecution programs

For grants, contracts, cooperative agreements, and other assistance
for the prevention and prosecution of violence against women as
authorized by the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 4711 et seq.) (``the 1968 Act''); the Violent Crime Control
and Law Enforcement Act of 1994 (Public Law 103-322; 108 Stat. 1796)
(``the 1994 Act''); the Victims of Child Abuse Act of 1990 (Public Law
101-647; 104 Stat. 4792) (``the 1990 Act''); the Prosecutorial Remedies
and Other Tools to End the Exploitation of Children Today Act of 2003
(Public Law 108-21; 117 Stat. 650); the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (``the 1974
Act''); the Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106-386; 114 Stat. 1464) (``the 2000 Act''); and the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162; 119 Stat. 2960) (``the 2005 Act'');
$390,000,000, including amounts for administrative costs, to remain
available until expended: Provided, That except as otherwise provided
by law, not to exceed 3 percent of funds made available under this
heading may be used for expenses related to evaluation, training, and
technical assistance: Provided further, That of the amount provided--
(1) $12,750,000 is for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(2) $3,263,000 is for child abuse training programs for
judicial personnel and practitioners, as authorized by section
222 of the 1990 Act;
(3) $1,500,000 is for grants for televised testimony, as
authorized by part N of the 1968 Act;
(4) $181,608,000 is for grants to combat violence and
violent crimes against women, as authorized by part T of the
1968 Act, of which--
(A) $2,477,000 shall be for the National Institute
of Justice for research and evaluation of violence
against women; and
(B) $17,000,000 shall be for transitional housing
assistance grants for victims of domestic violence,
stalking, or sexual assault as authorized by section
40299(a) of the 1994 Act;
(5) $55,147,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act;
(6) $38,799,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(7) $5,918,000 is for training programs to assist probation
and parole officers as authorized by section 40152 of the 1994
Act, and for related local demonstration projects;
(8) $3,938,000 is for grants to improve the stalking and
domestic violence databases, as authorized by section 40602 of
the 1994 Act;
(9) $9,969,000 to reduce violent crimes against women on
campus, as authorized by section 304(a) of the 2005 Act;
(10) $45,774,000 is for legal assistance for victims, as
authorized by section 1201(c) of the 2000 Act;
(11) $4,459,000 is for enhancing protection for older and
disabled women from domestic violence and sexual assault, as
authorized by section 40802(a) of the 1994 Act;
(12) $14,766,000 is for the safe havens for children pilot
program, as authorized by section 1301(a) of the 2000 Act;
(13) $7,109,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402(a) of the 2000 Act; and
(14) $5,000,000 is for sexual assault services, as
authorized by section 202 of the 2005 Act.

Office of Justice Programs

justice assistance

For grants, contracts, cooperative agreements, and other assistance
authorized by title I of the Omnibus Crime Control and Safe Streets Act
of 1968, the Missing Children's Assistance Act (42 U.S.C. 5771 et
seq.), including salaries and expenses in connection therewith, the
Prosecutorial Remedies and Other Tools to end the Exploitation of
Children Today Act of 2003 (Public Law 108-21), the Justice for All Act
of 2004 (Public Law 108-405; 108 Stat. 2260), the Violence Against
Women and Department of Justice Reauthorization Act of 2005 (Public Law
109-162), and the Victims of Crime Act of 1984 (Public Law 98-473; 98
Stat. 2170), $172,033,000, to remain available until expended:
Provided, That not more than $35,000,000 of balances made available as
a result of prior year deobligations may be obligated for program
management and administration: Provided further, That any balances made
available as a result of prior year deobligations in excess of
$35,000,000 shall only be obligated in accordance with section 505 of
this Act: Provided further, That amounts under this heading, or amounts
transferred to and merged with this account, for salaries and expenses
are for not less than 590 permanent positions and not less than 600
full-time equivalent workyears.

state and local law enforcement assistance

For grants, contracts, cooperative agreements, and other assistance
authorized by the Violent Crime Control and Law Enforcement Act of 1994
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of
2004 (Public Law 108-405); the Trafficking Victims Protection
Reauthorization Act of 2005 (Public Law 109-164; 119 Stat. 3558); the
Violence Against Women and Department of Justice Reauthorization Act of
2005 (Public Law 109-162); and the Victims of Trafficking and Violence
Protection Act of 2000 (Public Law 106-386); and other programs;
$810,110,000 (including amounts for administrative costs, which shall
be transferred to and merged with the ``Justice Assistance'' account):
Provided, That funding provided under this heading shall remain
available until expended, as follows--
(1) $555,126,000 for the Edward Byrne Memorial Justice
Assistance Grant Program as authorized by subpart 1 of part E
of title I of the 1968 Act, as amended by section 1111 of
Public Law 109-162, of which--
(A) $85,000,000 for Boys and Girls Clubs in public
housing facilities and other areas in cooperation with
State and local law enforcement, as authorized by
section 401 of the Economic Espionage Act of 1996 (42
U.S.C. 13751 note); and
(B) $5,000,000 is for a program to improve State
and local law enforcement intelligence capabilities
including antiterrorism training and training to ensure
that constitutional rights, civil liberties, civil
rights, and privacy interests are protected throughout
the intelligence process;
(2) $100,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)), of which $29,000,000
for the Southwest Border Prosecutor Initiative to reimburse
State, county, parish, tribal, or municipal governments only
for costs associated with the prosecution of criminal cases
declined by local United States Attorneys offices;
(3) $120,000,000 for discretionary grants, notwithstanding
the provisions of section 505 of the 1968 Act;
(4) $4,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386;
(5) $15,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(6) $2,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by part S of the
1968 Act;
(7) $7,000,000 for a capital litigation improvement grant
program as authorized by sections 421, 422 and 426 of Public
Law 108-405;
(8) $5,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts V
and HH of title I of the 1968 Act; and
(9) $1,984,000 for the National Sex Offender Public
Registry:
Provided further, That, if a unit of local government uses any of the
funds made available under this title to increase the number of law
enforcement officers, the unit of local government shall achieve a net
gain in the number of law enforcement officers who perform
nonadministrative public safety service.

weed and seed program fund

For necessary expenses, including salaries and related expenses of
the Executive Office for Weed and Seed, to implement ``Weed and Seed''
program activities, $40,000,000, to remain available until September
30, 2007, for inter-governmental agreements, including grants,
cooperative agreements, and contracts, with State and local law
enforcement agencies, nonprofit organizations, and agencies of local
government engaged in the investigation and prosecution of violent and
gang-related crimes and drug offenses in ``Weed and Seed'' designated
communities, and for either reimbursements or transfers to
appropriation accounts of the Department of Justice and other Federal
agencies which shall be specified by the Attorney General to execute
the ``Weed and Seed'' program strategy: Provided, That funds designated
by Congress through language for other Department of Justice
appropriation accounts for ``Weed and Seed'' program activities shall
be managed and executed by the Attorney General through the Executive
Office for Weed and Seed: Provided further, That the Attorney General
may direct the use of other Department of Justice funds and personnel
in support of ``Weed and Seed'' program activities only after the
Attorney General notifies the Committees on Appropriations of the House
of Representatives and the Senate in accordance with section 505 of
this Act: Provided further, That of the funds appropriated for the
Executive Office for Weed and Seed, not to exceed $2,000,000 shall be
directed for comprehensive community development training and technical
assistance.

community oriented policing services

(including transfer of funds)

For activities authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (including administrative
costs), the Omnibus Crime Control and Safe Streets Act of 1968 (``the
1968 Act''), the Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162), the USA PATRIOT
Improvement and Reauthorization Act (Public Law 109-177; 120 Stat. 192)
(including administrative costs), the Prosecutorial Remedies and Other
Tools to End the Exploitation of Children Today Act of 2003 (Public Law
108-21), $537,633,000, to remain available until expended: Provided,
That of the funds under this heading, not to exceed $2,575,000 shall be
available for the Office of Justice Programs for reimbursable services
associated with programs administered by the Community Oriented
Policing Services Office including activities authorized by sections
1158 and 1159 of Public Law 109-162: Provided further, That section
1703(b) and (c) of the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act'') shall not apply to non-hiring grants made
pursuant to part Q of title I (42 U.S.C. 3796dd et seq.): Provided
further, That the $15,000,000 provided to the National Institute of
Standards and Technology's Office of Law Enforcement Standards under
this section shall be transferred directly to the National Institute of
Standards and Technology's Office of Law Enforcement Standards from the
Community Oriented Policing Services Office : Provided further, That
not more than $26,950,000 of balances made available as a result of
prior year deobligations may be obligated for program management and
administration: Provided further, That any funds made available as a
result of prior year deobligations in excess of $26,950,000 shall only
be obligated in accordance with section 505 of this Act: Provided
further, That of the amounts provided--
(1) $20,000,000 is for the matching grant program for law
enforcement armor vests as authorized by section 2501 of part Y
of the 1968 Act;
(2) $85,000,000 is for policing initiatives to combat
illegal methamphetamine production, sale and use in ``drug hot
spots'' as authorized by section 754 of Public Law 109-177, of
which $4,000,000 for competitive grants to be awarded by the
Attorney General to address the use of methamphetamine among
pregnant and parenting women offenders to promote public
safety, public health, family permanence and well being, as
authorized by section 756 of the USA PATRIOT Improvement and
Reauthorization Act (Public Law 109-177; 120 Stat. 192);
(3) $110,000,000 is for law enforcement technologies;
(4) $5,000,000 is for grants to upgrade criminal records,
as authorized under the Crime Identification Technology Act of
1998 (42 U.S.C. 14601);
(5) $5,000,000 is for an offender re-entry program;
(6) $175,568,000 is for DNA analysis and capacity
enhancement program, and for other State, local and Federal
forensic activities, of which not less than $151,000,000 shall
be for reducing and eliminating the backlog of DNA samples and
for increasing State and local DNA laboratory capacity; of
which $5,000,000 shall be for grant programs as authorized by
sections 412 and 413 of Public Law 108-405, of which $5,000,000
shall be for the National Institutes of Standards Office of Law
Enforcement Standards to continue to develop minimum standards
for equipment and testing for forensic labs;
(7) $31,065,000 is for improving tribal law enforcement,
including equipment and training assistance to Indian tribes;
(8) $3,000,000 is for training and technical assistance;
(9) $18,000,000 is for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act (42
U.S.C. 3797j et seq.);
(10) $30,000,000 is for Project Safe Neighborhoods, of
which--
(A) $4,500,000 is for the National District
Attorneys Association to conduct prosecutorial training
by the National Advocacy Center;
(B) $15,000,000 is for programs to reduce gang
violence;
(C) $992,000 is for Project ChildSafe; and
(D) $4,000,000 is for the activities authorized by
section 103(b)(4) of the Justice for All Act, Public
Law 108-405, for the support of the National Crime
Victim Law Institute and its clinic organizations that
provide legal counsel and support services for victims
in criminal cases for the enforcement of crime victims'
rights; and
(11) $55,000,000 is for a national grant program to arrest
and prosecute child predators as authorized by section 1701(d)
of part Q of title I of the 1968 Act as amended by section 341
of Public Law 108-21.

juvenile justice programs

For grants, contracts, cooperative agreements, and other assistance
authorized by the Juvenile Justice and Delinquency Prevention Act of
1974 (``the 1974 Act''), the Omnibus Crime Control and Safe Streets Act
of 1968 (``the 1968 Act''), the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109-162), and other
juvenile justice programs, including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $300,200,000, to remain
available until expended, as follows--
(1) $700,000 is for coordination of Federal efforts, as
authorized by section 204 of the 1974 Act;
(2) $73,000,000 is for State and local programs authorized
by section 221 of the 1974 Act, including training and
technical assistance to assist small, non-profit organizations
with the Federal grants process;
(3) $76,500,000 is for demonstration projects, as
authorized by sections 261 and 262 of the 1974 Act;
(4) $5,000,000 is for juvenile mentoring programs;
(5) $65,000,000 is for delinquency prevention, as
authorized by section 505 of the 1974 Act, of which--
(A) $10,000,000 shall be for the Tribal Youth
Program;
(B) $20,000,000 shall be for a gang resistance
education and training program; and
(C) $25,000,000 shall be for grants of $360,000 to
each State and $6,640,000 shall be available for
discretionary grants to States, for programs and
activities to enforce State laws prohibiting the sale
of alcoholic beverages to minors or the purchase or
consumption of alcoholic beverages by minors,
prevention and reduction of consumption of alcoholic
beverages by minors, and for technical assistance and
training;
(6) $10,000,000 is for the Secure Our Schools Act as
authorized by part AA of the 1968 Act;
(7) $20,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990; and
(8) $50,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of the 1968 Act and Guam
shall be considered a State for the purpose of that program:
Provided, That not more than 2 percent of each amount may be used for
research, evaluation, and statistics activities designed to benefit the
programs or activities authorized: Provided further, That not more than
2 percent of each amount may be used for training and technical
assistance: Provided further, That the previous two provisos shall not
apply to demonstration projects, as authorized by sections 261 and 262
of the 1974 Act.

public safety officers benefits

To remain available until expended, for payments authorized by part
L of title I of the Omnibus Crime Control and Safe Streets Act of 1968
(42 U.S.C. 3796 et seq.), such sums as are necessary, as authorized by
section 6093 of the Anti-Drug Abuse Act of 1988 (Public Law 100-690;
102 Stat. 4339-4340); and $4,827,000, to remain available until
expended for payments as authorized by section 1201(b) of the 1968 Act;
and $4,007,000 for educational assistance, as authorized by section
1212 of the 1968 Act.

General Provisions--Department of Justice

Sec. 101. In addition to amounts otherwise made available in this
title for official reception and representation expenses, a total of
not to exceed $30,000 from funds appropriated to the Department of
Justice in this title shall be available to the Attorney General for
official reception and representation expenses.
Sec. 102. None of the funds appropriated by this title shall be
available to 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: Provided, That should this prohibition be declared
unconstitutional by a court of competent jurisdiction, this section
shall be null and void.
Sec. 103. None of the funds appropriated under this title shall be
used to require any person to perform, or facilitate in any way the
performance of, any abortion.
Sec. 104. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside
the Federal facility: Provided, That nothing in this section in any way
diminishes the effect of section 103 intended to address the
philosophical beliefs of individual employees of the Bureau of Prisons.
Sec. 105. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice in
this Act may be transferred between such appropriations, but no such
appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and shall not be
available for obligation except in compliance with the procedures set
forth in that section: Provided further, That none of the funds
appropriated to ``Buildings and Facilities, Federal Prison System'' in
this or any other Act may be transferred to ``Salaries and Expenses,
Federal Prison System'', or any other Department of Justice account,
unless the President certifies that such a transfer is necessary to the
national security interests of the United States, and such authority
shall not be delegated, and shall be subject to section 505 of this
Act.
Sec. 106. The Attorney General is authorized to extend through
September 30, 2008, the Personnel Management Demonstration Project
transferred to the Attorney General pursuant to section 1115 of the
Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533)
without limitation on the number of employees or the positions covered.
Sec. 107. Notwithstanding any other provision of law, Public Law
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco,
Firearms and Explosives in the conduct of undercover investigative
operations and shall apply without fiscal year limitation with respect
to any undercover investigative operation initiated by the Bureau of
Alcohol, Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United States.
Sec. 108. None of the funds made available to the Department of
Justice in this Act may be used for the purpose of transporting an
individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high security
prisoner, other than to a prison or other facility certified by the
Federal Bureau of Prisons as appropriately secure for housing such a
prisoner.
Sec. 109. (a) None of the funds appropriated by this Act may be
used by Federal prisons to purchase cable television services, to rent
or purchase videocassettes, videocassette recorders, or other
audiovisual or electronic equipment used primarily for recreational
purposes.
(b) Subsection (a) shall not preclude the renting, maintenance, or
purchase of audiovisual or electronic equipment for inmate training,
religious, or educational programs.
Sec. 110. The Department of Justice Department Investment Review
Board shall be headed by the Deputy Attorney General: Provided, That
within 90 days of enactment of this Act, the Department of Justice
shall submit to the Senate Committee on Appropriations, all projects to
be reviewed by the Board in fiscal year 2007, all projects reviewed in
fiscal year 2006, the outcome of those reviews and any corrective
actions taken by the Board.
Sec. 111. Funds provided within this Act for security details for
Department Leadership shall be budgeted for within the General
Administration account: Provided, That the United States Marshals
Service shall be responsible for all security details for officials
occupying Department Leadership positions: Provided further, That
individual law enforcement components shall continue to provide
protection of their respective agency heads: Provided further, That the
Department of Justice shall submit a classified funding justification
for all security details with each future budget submission.
Sec. 112. 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, shall be subject to the procedures set forth in section 505 of
this Act.
Sec. 113. None of the funds made available to the Department of
Justice in this Act may be obligated for the Federal Bureau of
Investigation's Sentinel procurement until the Government
Accountability Office has certified to the Senate Committee on
Appropriations that a performance measurement baseline has been
established and the Federal Bureau of Investigation is using a
performance-based management system that complies with the American
National Standards Institute/Electronics Industries Alliance Standard
748-A, as required by Office of Management and Budget ``Circular A-11,
Part 7'' to measure achievement of the cost, schedule and performance
goals.
Sec. 114. None of the funds appropriated in this or any other Act
shall be obligated for any work, development or procurement of the
Sentinel information technology program phases II, III, or IV until the
Government Accountability Office certifies to the Senate Committee on
Appropriations that the phase under construction has reached 70 percent
completion of the planned work and the estimated cost to complete the
phase does not exceed 35 percent of the budgeted cost for such phase.
Sec. 115. Funds appropriated by this Act for the Federal Prisons
System shall be in the amounts and accounts specified in the report
accompanying this Act: Provided, That within 30 days of enactment of
this Act, the Bureau of Prisons will submit a comprehensive financial
plan for the Federal Prison System to the Senate Committee on
Appropriations: Provided further, That no funds appropriated for the
Federal Prison System in this or any other Appropriations Act for the
construction of new facilities may be rescinded, cancelled, or used for
any other purpose.
Sec. 116. Section 112 of title I as contained in division B of the
Consolidated Appropriations Act, 2004 (Public Law 108-199) is amended
as follows:
(1) by inserting in paragraph (a)(2)(A) ``the Commissioner
of Health & Social Services for Alaska, a representative of an
Alaska Native healthcare provider'' after ``Village Public
Safety Officer programs,'';
(2) by inserting in paragraph (a)(2)(A) ``and a non-voting
judge'' after ``non-voting representative''; and
(3) by inserting in paragraph (a)(2)(A) ``The Chief Justice
of the Alaska Supreme Court may appoint a non-voting
representative of the Alaska Supreme Court to provide technical
support.'' at the end of the paragraph.
This title may be cited as the ``Department of Justice
Appropriations Act, 2007''.

TITLE II

DEPARTMENT OF COMMERCE AND RELATED AGENCIES

Trade and Infrastructure Development

RELATED AGENCIES

Office of the United States Trade Representative

salaries and expenses

For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and the
employment of experts and consultants as authorized by 5 U.S.C. 3109,
$42,197,000, of which $1,000,000 shall remain available until expended:
Provided, That not to exceed $62,000 shall be available for official
reception and representation expenses: Provided further, That not less
than $2,000,000 provided under this heading shall be for expenses
authorized by 19 U.S.C. 2451 and 1677b(c): Provided further, That
negotiations shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected from
antidumping and countervailing duties: Provided further, That
negotiations shall be conducted within the World Trade Organization
consistent with the negotiating objectives contained in the Trade Act
of 2002, Public Law 107-210.

International Trade Commission

salaries and expenses

For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles, and services as authorized
by 5 U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $64,200,000, to remain available until
expended.

DEPARTMENT OF COMMERCE

International Trade Administration

operations and administration

For necessary expenses for international trade activities 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; employment 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; purchase 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; purchase of passenger motor vehicles for official use abroad,
not to exceed $45,000 per vehicle; obtaining insurance on official
motor vehicles; and rental of tie lines, $421,782,000, to remain
available until September 30, 2008, of which $8,000,000 is to be
derived from fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided, That
$47,328,000 shall be for Manufacturing and Services; $39,306,000 shall
be for Market Access and Compliance; $59,367,000 shall be for the
Import Administration; $242,291,000 shall be for the United States and
Foreign Commercial Service; and $25,490,000 shall be for Executive
Direction and Administration: 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,
contributions 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 Administration 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 World
Trade Organization to recognize the right of members to distribute
monies collected from antidumping and countervailing duties: Provided
further, That negotiations shall be conducted within the World Trade
Organization consistent 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 immediate families of employees stationed
overseas; employment 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, $78,582,000, to remain available until expended, of
which $14,767,000 shall be for inspections 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: Provided
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 public 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 governments.

Economic Development Administration

economic development assistance programs

For grants for economic development assistance as provided by the
Public Works and Economic Development Act of 1965, and for trade
adjustment assistance, $250,741,000, to remain available until
expended.

salaries and expenses

For necessary expenses of administering the economic development
assistance programs as provided for by law, $29,700,000: Provided, That
these funds may be used to monitor projects approved pursuant to title
I of the Public Works Employment Act of 1976, title II of the Trade Act
of 1974, and the Community Emergency Drought Relief Act of 1977:
Provided further, That not to exceed five full-time equivalents and
$639,000 shall be expended for the Office of Assistant Secretary:
Provided further, That not to exceed four full-time equivalents and
$482,000 shall be expended for the Office of Chief Counsel: Provided
further, That not to exceed six full-time equivalents and $556,000
shall be expended for the Office of Information Technology: Provided
further, That $466,000 is provided for the Office of External Affairs
and Communications, of which not to exceed $115,000 and one full-time
equivalent shall be expended for the Intergovernmental Affairs
Division, and not to exceed $106,000 and one full-time equivalent shall
be expended for the Public Affairs Division: Provided further, That
$2,638,000 is provided for the Office of Management Services, of which
not less than 11 full-time equivalents and $1,322,000 is provided for
the Budgeting and Performance Evaluation Division, and not less than
seven full-time equivalents and $919,000 is provided for Administrative
and Support Services: Provided further, That not less than 20 full-time
equivalents and $2,500,000 is provided for the Atlanta, Georgia,
regional office: Provided further, That not less than 18 full-time
equivalents and $2,300,000 is provided for the Austin, Texas, regional
office: Provided further, That not less than 20 full-time equivalents
and $2,500,000 is provided for the Chicago, Illinois, regional office:
Provided further, That not less than 16 full-time equivalents and
$2,200,000 is provided for the Denver, Colorado, regional office:
Provided further, That not less than 25 full-time equivalents and
$3,100,000 is provided for the Philadelphia, Pennsylvania, regional
office: Provided further, That not less than 23 full-time equivalents
and $3,000,000 is provided for the Seattle, Washington, regional
office: Provided further, That for fiscal year 2008 and hereafter, the
Department's budget request shall include a detailed accounting of
salaries and expenses and full-time equivalents for the Office of the
Assistant Secretary; the Office of the Chief Counsel; the Office of
External Affairs and Communications to include the Intergovernmental
Affairs Division and the Public Affairs Division; the Office of
Information Technology; the Office of Management Services to include
the Budgeting and Performance Evaluation Division and the
Administrative and Support Services Division; and each of the six
Regional Offices located in Atlanta, Georgia; Austin, Texas; Chicago,
Illinois; Denver, Colorado; Philadelphia, Pennsylvania; and Seattle,
Washington.

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, $29,641,000.

Economic and Information Infrastructure

Economic and Statistical Analysis

salaries and expenses

For necessary expenses, as authorized by law, of economic and
statistical analysis programs of the Department of Commerce,
$80,482,000, to remain available until September 30, 2008.

Bureau of the Census

salaries and expenses

For expenses necessary for collecting, compiling, analyzing,
preparing, and publishing statistics, provided for by law,
$184,067,000.

periodic censuses and programs

For expenses to collect and publish statistics for periodic
censuses and programs provided for by law, $644,092,000, to remain
available until September 30, 2008.

National Telecommunications and Information Administration

salaries and expenses

For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA), $17,837,000,
to remain available until September 30, 2008: Provided, That,
notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall
charge Federal agencies for costs incurred in spectrum management,
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 Commerce is authorized to retain and use as offsetting
collections all funds transferred, or previously transferred, from
other Government agencies for all costs incurred in telecommunications
research, engineering, and related activities 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.

public telecommunications facilities, planning and construction

For the administration of grants authorized by section 392 of the
Communications Act of 1934, $22,000,000, to remain available until
expended as authorized by section 391 of the Act: Provided, That not to
exceed $2,000,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, 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.

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,
$1,771,000,000, to remain available until expended: Provided, That the
sum herein appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15 U.S.C.
1113 and 35 U.S.C. 41 and 376 are received during fiscal year 2007, so
as to result in a fiscal year 2007 appropriation from the general fund
estimated at $0: Provided further, That during fiscal year 2007, should
the total amount of offsetting fee collections be less than
$1,771,000,000, this amount shall be reduced accordingly: Provided
further, That not less than 716 full-time equivalents, 745 positions
and $90,532,000 shall be for the examination of trademark applications;
and not less than 6,564 full-time equivalents, 6,920 positions and
$1,084,025,000 shall be for the examination and searching of patent
applications: Provided further, That not more than 311 full-time
equivalents, 333 positions and $49,797,000 shall be for the Office of
the General Counsel: Provided further, That not more than 95 full-time
equivalents, 98 positions and $30,500,000 shall be for the Office of
the Administrator for External Affairs: Provided further, That any
deviation from the full-time equivalent, position, and funding
designations set forth in the preceding four provisos shall be subject
to the procedures set forth in section 505 of this Act: Provided
further, That from amounts provided herein, not to exceed $1,000 shall
be made available in fiscal year 2007 for official reception and
representation expenses: Provided further, That notwithstanding section
1353 of title 31, United States Code, no employee of the United States
Patent and Trademark Office may accept payment or reimbursement from a
non-Federal entity for travel, subsistence, or related expenses 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 organization exempt
from taxation pursuant to section 501(c)(3) of the Internal Revenue
Code of 1986: Provided further, That in fiscal year 2007, 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 Personnel
Management, of post-retirement life insurance and post-retirement
health benefits coverage for all PTO employees, 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 shall be available for the authorized purposes of those accounts:
Provided further, That sections 801, 802, and 803 of Division B, Public
Law 108-447 shall remain in effect during fiscal year 2007: Provided
further, That the Director may reduce patent filing fees payable in
2007 for documents filed electronically consistent with Federal
regulation.

Science and Technology

Technology Administration

salaries and expenses

For necessary expenses for the Under Secretary for Technology,
$2,500,000.

National Institute of Standards and Technology

scientific and technical research and services

For necessary expenses of the National Institute of Standards and
Technology, $467,002,000, to remain available until expended, of which
not to exceed $9,450,000 may be transferred to the ``Working Capital
Fund''.

industrial technology services

For necessary expenses of the Hollings Manufacturing Extension
Partnership of the National Institute of Standards and Technology,
$106,000,000, to remain available until expended.

construction of research facilities

For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, not otherwise provided for the
National Institute of Standards and Technology, as authorized by 15
U.S.C. 278c-278e, $190,998,000, to remain available until expended:
Provided, That the Secretary 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 Institute of Standards and
Technology construction project having a total multi-year program cost
of more than $5,000,000 and simultaneously the budget justification
materials shall include an estimate of the budgetary requirements for
each such project for each of the five subsequent fiscal years.

National Oceanic and Atmospheric Administration

operations, research, and facilities

(including transfers of funds)

For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including maintenance,
operation, and hire of aircraft and vessels; grants, contracts, or
other payments to nonprofit organizations for the purposes of
conducting activities pursuant to cooperative agreements; and
relocation of facilities, $3,284,425,000, to remain available until
September 30, 2008, except for funds provided for cooperative
enforcement and for Integrated Ocean Observing Systems, which shall
remain available until September 30, 2009: Provided, That fees and
donations received by the National Ocean Service for the management of
national marine sanctuaries may be retained and used for the salaries
and expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That in addition, $3,000,000 shall be
derived by transfer from the fund entitled ``Coastal Zone Management''
and in addition $77,000,000 shall be derived by transfer from the fund
entitled ``Promote and Develop Fishery Products and Research Pertaining
to American Fisheries'': Provided further, That of the $3,375,425,000
provided for in direct obligations under this heading $3,284,425,000 is
appropriated from the general fund, $80,000,000 is provided by
transfer, and $11,000,000 is derived from recoveries of prior year
obligations: Provided further, That no general administrative charge
shall be applied against an assigned activity included in this Act or
the report accompanying this Act: Provided further, That the total
amount available for the National Oceanic and Atmospheric
Administration corporate services administrative support costs shall
not exceed $191,752,000: Provided further, That payments of funds made
available under this heading to the Department of Commerce Working
Capital Fund including Department of Commerce General Counsel legal
services shall not exceed $34,425,000: Provided further, That any
deviation from the amounts designated for specific activities in the
report accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act: Provided
further, That grants to States pursuant to sections 306 and 306A of the
Coastal Zone Management Act of 1972, as amended, shall not exceed
$2,000,000, unless funds provided for ``Coastal Zone Management
Grants'' exceed funds provided in the previous fiscal year: Provided
further, That if funds provided for ``Coastal Zone Management Grants''
exceed funds provided in the previous fiscal year, then no State shall
receive more than 5 percent or less than 1 percent of the additional
funds: Provided further, That for fiscal year 2007 and hereafter the
Administrator of the National Oceanic and Atmospheric Administration
may engage in formal and informal education activities, including
primary and secondary education, related to the agency's mission goals:
Provided further, That, in accordance with the Federal Credit Reform
Act of 1990 (2 U.S.C. 611 et seq.), within funds appropriated under
this heading, $2,000,000 shall remain available until expended, for the
cost of loans under section 211(e) of title II of division C of Public
Law 105-277, such loans to have terms of up to 30 years and to be
available for use in any of the Bering Sea and Aleutian Islands
fisheries: Provided further, That in accordance with section 215 of
Public Law 107-372 the number of officers in the NOAA Commissioned
Officer Corps shall increase to 321.
In addition, for necessary retired pay expenses under the Retired
Serviceman's Family Protection and Survivor Benefits Plan, and for
payments for the medical care of retired personnel and their dependents
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as
may be necessary.

procurement, acquisition and construction

For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $1,057,898,000, to remain available
until September 30, 2009, except funds provided for construction of
facilities which shall remain available until expended: Provided, That
of the amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made available on a
dollar-for-dollar matching basis with funds provided for the same
purpose by the Department of Defense: Provided further, That except to
the extent expressly prohibited by any other law, the Department of
Defense may delegate procurement functions related to the National
Polar-orbiting Operational Environmental Satellite System to officials
of the Department of Commerce pursuant to section 2311 of title 10,
United States Code: Provided further, That of the funds provided in
this account, $100,000,000 is withheld from obligation until the
Secretary of Commerce submits to the Senate Committee on Appropriations
the findings of the cost and operational effectiveness analysis
specified in the accompanying report language: Provided further, That
for fiscal year 2007 and hereafter funds appropriated for the
construction of the National Oceanic and Atmospheric Administration
Pacific Regional Center are an additional increment in the incremental
funding planned for the Center, and may be expended incrementally,
through multi-year contracts for construction and related activities,
provided that obligations under any such multi-year contract shall be
subject to the availability of appropriations: Provided further, That
any deviation from the amounts designated for specific activities in
the report accompanying this Act, or any use of deobligated balances of
funds provided under this heading in previous years, shall be subject
to the procedures set forth in section 505 of this Act.

pacific coastal salmon recovery

For necessary expenses associated with the restoration of Pacific
salmon populations, $90,000,000: Provided, That of the amount provided
for Pacific Coastal Salmon Recovery, $10,000,000 shall be to assist
west coast small businesses including fishermen, fish processors and
related businesses supporting the fishing industry in Oregon,
California, and Washington impacted by fishing restrictions
necessitated by several years of drought and reduced salmon stocks in
the Klamath River basin.

coastal zone management fund

(including transfer of funds)

Of amounts collected pursuant to section 308 of the Coastal Zone
Management Act of 1972 (16 U.S.C. 1456a), not to exceed $3,000,000
shall be transferred to the ``Operations, Research, and Facilities''
account to offset the costs of implementing such Act.

fisheries finance program account

For the costs of direct loans, as authorized by the Merchant Marine
Act of 1936: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in the Federal Credit Reform Act of
1990: Provided further, That these funds are only available to
subsidize gross obligations for the principal amount of direct loans
not to exceed $5,000,000 for Individual Fishing Quota loans, and not to
exceed $59,000,000 for traditional direct loans, of which $19,000,000
may be used for direct loans to the United States menhaden fishery:
Provided further, That none of the funds made available under this
heading may be used for direct loans for any new fishing vessel that
will increase the harvesting capacity in any United States fishery.

Other

Departmental Management

salaries and expenses

For expenses necessary for the departmental management of the
Department of Commerce provided for by law, including not to exceed
$5,000 for official entertainment, $52,070,000: Provided, That not to
exceed eight full-time equivalents and $800,000 shall be expended for
the legislative affairs function of the Department: Provided further,
That not to exceed $5,900,000 shall be expended for blast mitigation
windows for the Herbert C. Hoover Building headquarters for the
Department of Commerce.

office of inspector general

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978 (5
U.S.C. App.), $22,531,000.

General Provisions--Department of Commerce

(including transfer of funds)

Sec. 201. During the current fiscal year, applicable appropriations
and funds made available to the Department of Commerce by this Act
shall be available for the activities specified in the Act of October
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for
advanced payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that such payments
are in the public interest.
Sec. 202. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries and
expenses shall be available for hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901-5902).
Sec. 203. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce in
this Act may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this section shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section: Provided
further, That the Secretary of Commerce shall notify the Committees on
Appropriations at least 15 days in advance of the acquisition or
disposal of any capital asset (including land, structures, and
equipment) not specifically provided for in this or any other
Departments of Commerce, Justice, Science, and Related Agencies
Appropriations Act: Provided further, That for the National Oceanic and
Atmospheric Administration this section shall provide for transfers
among appropriations made only to the National Oceanic and Atmospheric
Administration and such appropriations may not be transferred and
reprogrammed to other Department of Commerce bureaus and appropriation
accounts.
Sec. 204. Any costs incurred by a department or agency funded under
this title resulting from personnel actions taken in response to
funding reductions included in this title or from actions taken for the
care and protection of loan collateral or grant property shall be
absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.
Sec. 205. Funds made available for salaries and administrative
expenses to administer the Emergency Steel Loan Guarantee Program in
section 211(b) of Public Law 108-199 shall remain available until
expended.
Sec. 206. Notwithstanding any other provision of this Act, no funds
appropriated under this Act shall be used to register, issue, transfer,
or enforce any trademark of the phrase ``Last Best Place''.
Sec. 207. Of the amount available from the fund entitled ``Promote
and Develop Fishery Products and Research Pertaining to American
Fisheries'', $7,000,000 shall be provided to the Alaska Fisheries
Marketing Board, $8,000,000 shall be available to the Southern Shrimp
Alliance for its ``Wild American Shrimp Marketing Program''.
Sec. 208. Notwithstanding any other provision of law, of the
amounts made available elsewhere in this title to the ``National
Institute of Standards and Technology, Construction of Research
Facilities'', $25,000,000 is for the Research Technology and Economic
Development Park at Mississippi State University; $25,000,000 is for
the Biotechnology Research Park the University of Mississippi;
$5,000,000 is for the Alabama State University Science and Education
Building; $5,000,000 is for Tuscaloosa, Alabama, revitalization;
$20,000,000 is for the Biomedical Research Center at the University of
Alabama at Birmingham; $30,000,000 is for the University of Alabama for
the design and construction of the Science and Engineering Center;
$8,000,000 is for a cooperative agreement with the Medical University
of South Carolina; and $5,000,000 for biodefense research facility
construction and renovation.
Sec. 209. The Secretary of Commerce is permitted to prescribe and
enforce standards or regulations affecting safety and health in the
context of scientific and occupational diving within the National
Oceanic and Atmospheric Administration.
Sec. 210. If at any time during any quarter, the program manager of
a major Department of Commerce contract totaling more than $50,000,000
has reasonable cause to believe that the total program cost has
increased by 10 percent, such manager shall immediately inform the
Secretary. The Secretary shall notify the Senate Committee on
Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was made;
a statement of the reasons for such increase; the identities of the
individuals responsible for program management and cost control of the
major contract; the identities of the principal contractors for the
major contract; the action taken and proposed to be taken to control
future cost growth of such system; changes made in the performance or
schedule milestones of such system and the degree to which such changes
have contributed to the increase in total program cost or procurement
cost; new estimates of the total program or procurement cost; and a
statement validating that the program management structure is adequate
to control total program or procurement cost.
This title may be cited as the ``Department of Commerce and Related
Agencies Appropriations Act, 2007''.

TITLE III

SCIENCE

Office of Science and Technology Policy

For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C.
6601-6671), hire of passenger motor vehicles, and services as
authorized by 5 U.S.C. 3109, not to exceed $2,500 for official
reception and representation expenses, and rental of conference rooms
in the District of Columbia, $5,369,000: Provided, That none of the
funds provided under this heading shall be used for the Office of the
Director for Legislative Affairs.

National Aeronautics and Space Administration

science, aeronautics and exploration

For necessary expenses, not otherwise provided for, in the conduct
and support of science, aeronautics and exploration research and
development activities, including research, development, operations,
support and services; maintenance; construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law; environmental
compliance and restoration; space flight, spacecraft control and
communications activities including operations, production, and
services; program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
travel expenses; purchase and hire of passenger motor vehicles; not to
exceed $35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $10,488,805,000, to remain available until
September 30, 2008.

exploration capabilities

For necessary expenses, not otherwise provided for, in the conduct
and support of exploration capabilities research and development
activities, including research, development, operations, support and
services; maintenance; construction of facilities including repair,
rehabilitation, revitalization and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and acquisition or condemnation of real
property, as authorized by law; environmental compliance and
restoration; space flight, spacecraft control and communications
activities including operations, production, and services; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902; travel
expenses; purchase and hire of passenger motor vehicles; not to exceed
$35,000 for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of mission and
administrative aircraft, $6,234,922,000, to remain available until
September 30, 2008.

return to flight

(including transfer of funds)

For necessary expenses, not otherwise provided for, in carrying out
return to flight activities associated with the space shuttle,
$1,000,000,000 to remain available until expended with such sums as
determined by the Administrator available for transfer to ``Exploration
Capabilities'' and ``Science, aeronautics and exploration'': Provided,
That this amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 83 (109th Congress), the concurrent
resolution on the budget for fiscal year 2007, as made applicable in
the Senate by section 7035 of Public Law 109-234.

katrina recovery

(including transfer of funds)

For necessary expenses related to the consequences of Hurricane
Katrina and other Hurricanes of the 2005 season, $40,000,000 shall be
for the Stennis Space Center and the Michoud Assembly Facility, to
remain available until expended with such sums as determined by the
Administrator available for transfer to ``Exploration Capabilities'':
Provided, That this amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 83 (109th Congress), the
concurrent resolution on the budget for fiscal year 2007, as made
applicable in the Senate by section 7035 of Public Law 109-234.

office of inspector general

For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, as amended,
$33,500,000, to remain available until September 30, 2008.

administrative provisions

Notwithstanding the limitation on the availability of funds
appropriated for ``Science, Aeronautics and Exploration'', or
``Exploration Capabilities'' by this appropriations Act, when any
activity has been initiated by the incurrence of obligations for
construction of facilities or environmental compliance and restoration
activities as authorized by law, such amount available for such
activity shall remain available until expended. This provision does not
apply to the amounts appropriated for institutional minor
revitalization and construction of facilities, and institutional
facility planning and design.
Notwithstanding the limitation on the availability of funds
appropriated for ``Science, Aeronautics and Exploration'', or
``Exploration Capabilities'' by this appropriations Act, the amounts
appropriated for construction of facilities shall remain available
until September 30, 2009.
For fiscal year 2008 and each year thereafter, the National
Aeronautics and Space Administration shall provide, at a minimum, the
following information in its annual budget justification:
(1) The actual, current, proposed funding level, and
estimated budgets for the next five fiscal years by
directorate, theme, program, project and activity within each
appropriations account.
(2) The budget for headquarters including--
(A) the budget by office for the actual, current,
proposed funding level, and estimated budgets for the
next five fiscal years;
(B) the travel budget for each office for the
actual, current, and proposed funding level; and
(C) the civil service full time equivalent
assignments per office including the number of Senior
Executive Service personnel per office.
(3) Concurrent with the submission of the budget to the
Congress an accompanying volume shall be provided only to the
Committee on Appropriations containing the following
information for each center and federally funded research and
development center operated by the National Aeronautics and
Space Administration:
(A) the actual, current, proposed funding level,
and estimated budgets for the next five fiscal years by
directorate, theme, program, project, and activity;
(B) The proposed programmatic and non-programmatic
construction of facilities;
(C) The number of civil service full time
equivalent positions per center for each identified
fiscal year;
(D) The number of civil service full time
equivalent positions considered to be uncovered
capacity at each location for each identified fiscal
year.
(4) Sufficient narrative shall be provided to explain the
request for each program, project, and activity, and
explanation for any deviation to adopted baselines for all
volumes provided to the Committee.
Funds for announced prizes otherwise authorized shall remain
available, without fiscal year limitation, until the prize is claimed
or the offer is withdrawn.
Funding made available under the headings ``Exploration
Capabilities'' and ``Science, Aeronautics and Exploration'' in this Act
shall be governed by the terms and conditions specified in the
statement of managers accompanying the conference report for this Act.

National Science Foundation

research and related activities

For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and the Act
to establish a National Medal of Science (42 U.S.C. 1880-1881);
services as authorized by 5 U.S.C. 3109; maintenance and operation of
aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $4,646,420,000, to
remain available until September 30, 2008, of which not to exceed
$485,000,000 shall remain available until expended for Polar research
and operations support, and for reimbursement to other Federal agencies
for operational and science support and logistical and other related
activities for the United States Antarctic program: Provided, That from
funds specified in the fiscal year 2007 budget request for icebreaking
services, up to $57,000,000 shall be available for the procurement of
polar icebreaking services: Provided further, That the National Science
Foundation shall only reimburse the Coast Guard for such sums as are
agreed to according to the existing memorandum of agreement: Provided
further, That receipts for scientific support services and materials
furnished by the National Research Centers and other National Science
Foundation supported research facilities may be credited to this
appropriation.

major research equipment and facilities construction

For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities,
and other such capital assets pursuant to the National Science
Foundation Act of 1950, as amended, including authorized travel,
$237,250,000, to remain available until expended.

education and human resources

For necessary expenses in carrying out science and engineering
education and human resources programs and activities pursuant to the
National Science Foundation Act of 1950, as amended (42 U.S.C. 1861-
1875), including services as authorized by 5 U.S.C. 3109, authorized
travel, and rental of conference rooms in the District of Columbia,
$835,750,000, to remain available until September 30, 2008.

salaries and expenses

For salaries and expenses necessary in carrying out the National
Science Foundation Act of 1950, as amended (42 U.S.C. 1861-1875);
services authorized by 5 U.S.C. 3109; hire of passenger motor vehicles;
not to exceed $9,000 for official reception and representation
expenses; uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for security guard
services; $256,500,000: Provided, That contracts may be entered into
under ``Salaries and Expenses'' in fiscal year 2007 for maintenance and
operation of facilities, and for other services, to be provided during
the next fiscal year.

office of the national science board

For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts and
consultants under section 3109 of title 5, United States Code) involved
in carrying out section 4 of the National Science Foundation Act of
1950 (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$3,910,000: Provided, That not more than $9,000 shall be available for
official reception and representation expenses.

office of inspector general

For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, as amended,
$11,860,000, to remain available until September 30, 2008.
This title may be cited as the ``Science Appropriations Act,
2007''.

TITLE IV

RELATED AGENCIES

Commission on Civil Rights

salaries and expenses

For necessary expenses of the Commission on Civil Rights, including
hire of passenger motor vehicles, $9,000,000: Provided, That none of
the funds appropriated in this paragraph shall be used to employ in
excess of four full-time individuals under Schedule C of the Excepted
Service exclusive of one special assistant for each Commissioner:
Provided further, That none of the funds appropriated in this paragraph
shall be used to reimburse Commissioners for more than 75 billable
days, with the exception of the chairperson, who is permitted 125
billable days.

Equal Employment Opportunity Commission

salaries and expenses

For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act of 1964
(29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of
1990, and the Civil Rights Act of 1991, including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as
authorized by 31 U.S.C. 1343(b); non-monetary awards to private
citizens; and not to exceed $33,000,000 for payments to State and local
enforcement agencies for services to the Commission pursuant to title
VII of the Civil Rights Act of 1964, sections 6 and 14 of the Age
Discrimination in Employment Act, the Americans with Disabilities Act
of 1990, and the Civil Rights Act of 1991, $326,998,000: Provided, That
funds made available under this heading shall only be allocated in the
manner specified in the report accompanying this Act: Provided further,
That no funds made available under this heading may be used to fund the
position of Chief Operating Officer: Provided further, That no funds
made available under this heading may be used to operate the National
Contact Center: Provided further, That the Chair shall assign not fewer
than 57 full-time permanent positions to the Baltimore office of the
Equal Employment Opportunity Commission, including a district director
and regional attorney: Provided further, That the Commission may take
no action to implement any workforce repositioning, restructuring, or
reorganization until such time as the Senate Committee on
Appropriations has been notified of such proposals, in accordance with
the reprogramming requirements of section 505 of this Act.

Federal Communications Commission

salaries and expenses

For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances, as authorized by
5 U.S.C. 5901-5902; not to exceed $4,000 for official reception and
representation expenses; purchase and hire of motor vehicles; special
counsel fees; and services as authorized by 5 U.S.C. 3109,
$301,500,000: Provided, That $301,500,000 of offsetting collections
shall be assessed and collected pursuant to section 9 of title I of the
Communications Act of 1934, shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated shall be
reduced as such offsetting collections are received during fiscal year
2007 so as to result in a final fiscal year 2007 appropriation
estimated at $0: Provided further, That any offsetting collections
received in excess of $301,500,000 in fiscal year 2007 shall not be
available for obligation: Provided further, That remaining offsetting
collections from prior years collected in excess of the amount
specified for collection in each such year and otherwise becoming
available on October 1, 2006, shall not be available for obligation:
Provided further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds
from the use of a competitive bidding system that may be retained and
made available for obligation shall not exceed $85,000,000 for fiscal
year 2007.

Federal Trade Commission

salaries and expenses

For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $223,000,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $129,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection,
shall be retained and used for necessary expenses in this
appropriation: Provided further, That, notwithstanding any other
provision of law, $18,000,000 in offsetting collections derived from
fees sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telephone Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6101 et seq.), shall be credited to this account, and be
retained and used for necessary expenses in this appropriation:
Provided further, That the sum herein appropriated from the general
fund shall be reduced as such offsetting collections are received
during fiscal year 2007, so as to result in a final fiscal year 2007
appropriation from the general fund estimated at not more than
$85,000,000: Provided further, That none of the funds made available to
the Federal Trade Commission may be used to enforce subsections (a),
(e), or (f)(2)(B) of section 43 of the Federal Deposit Insurance Act
(12 U.S.C. 1831t) or section 151(b)(2) of the Federal Deposit Insurance
Corporation Improvement Act of 1991 (12 U.S.C. 1831t note): Provided
further, That hereafter no funds appropriated in this or any other Act
shall be expended to remove the Federal Trade Commission from its
headquarters building, the Federal Trade Commission Building, located
at 600 Pennsylvania Avenue, Northwest, Washington, DC; to render such
building appropriate for occupation by another Federal agency or other
organization or division thereof; or to locate any such agency,
organization, or division in said building.

Legal Services Corporation

payment to the legal services corporation

For payment to the Legal Services Corporation to carry out the
purposes of the Legal Services Corporation Act of 1974, $358,527,000,
of which $337,782,000 is for basic field programs and required
independent audits; $2,970,000 is for the Office of Inspector General,
of which such amounts as may be necessary may be used to conduct
additional audits of recipients; $12,825,000 is for management and
administration; $2,970,000 is for client self-help and information
technology; and $1,980,000 is for grants to offset losses due to census
adjustments.

administrative provision--legal services corporation

None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2006 and 2007, respectively, and except that section
501(a)(1) of Public Law 104-134 (110 Stat. 1321-51 et seq.) shall not
apply to the use of the $2,000,000 to address loss of funding due to
Census-based reallocations.

Marine Mammal Commission

salaries and expenses

For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $2,133,000.

National Veterans Business Development Corporation

For necessary expenses of the National Veterans Business
Development Corporation, $1,500,000, to remain available until
expended.

Securities and Exchange Commission

salaries and expenses

For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,000 for official reception and
representation expenses, $904,846,000, to remain available until
expended; of which not to exceed $13,000 may be used toward funding a
permanent secretariat for the International Organization of Securities
Commissions; and of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental and other regulatory officials, members of their
delegations, appropriate representatives and staff to exchange views
concerning developments relating to securities matters, development and
implementation of cooperation agreements concerning securities matters
and provision of technical assistance for the development of foreign
securities markets, such expenses to include necessary logistic and
administrative expenses and the expenses of Commission staff and
foreign invitees in attendance at such consultations and meetings
including: (1) such incidental expenses as meals taken in the course of
such attendance; (2) any travel and transportation to or from such
meetings; and (3) any other related lodging or subsistence: Provided,
That fees and charges authorized by sections 6(b) of the Securities
Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee),
shall be credited to this account as offsetting collections: Provided
further, That not to exceed $890,846,000 of such offsetting collections
shall be available until expended for necessary expenses of this
account: Provided further, That $14,000,000 shall be derived from prior
year unobligated balances from funds previously appropriated to the
Securities and Exchange Commission: Provided further, That the total
amount appropriated under this heading from the general fund for fiscal
year 2007 shall be reduced as such offsetting fees are received so as
to result in a final total fiscal year 2007 appropriation from the
general fund estimated at not more than $0.

Small Business Administration

salaries and expenses

For necessary expenses, not otherwise provided for, of the Small
Business Administration as authorized by Public Law 109-108, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344, and not to exceed $3,500 for official reception and
representation expenses, $303,550,000: Provided, That the Administrator
is authorized to charge fees to cover the cost of publications
developed by the Small Business Administration, and certain loan
servicing activities, including fees authorized by section 5(b) of the
Small Business Act: Provided further, That, notwithstanding 31 U.S.C.
3302, revenues received from all such activities shall be credited to
this account, to remain available until expended, for carrying out
these purposes without further appropriations: Provided further, That
$87,120,000 shall be available to fund grants for performance in fiscal
year 2007 or fiscal year 2008 as authorized: Provided further, That the
Small Business Administration is authorized to award grants under the
Women's Business Center Sustainability Pilot Program established by
section 4(a) of Public Law 106-165 (15 U.S.C. 656(l)): Provided
further, That, of the amounts provided for Women's Business Centers,
not less than 40 percent shall be available to continue Women's
Business Centers in sustainability status.

office of inspector general

For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$14,355,000.

surety bond guarantees revolving fund

For additional capital for the Surety Bond Guarantees Revolving
Fund, authorized by the Small Business Investment Act of 1958, as
amended, $2,970,000, to remain available until expended.

business loans program account

(including transfers of funds)

Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2007 commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958, shall not exceed
$7,500,000,000: Provided, That during fiscal year 2007 commitments for
general business loans authorized under section 7(a) of the Small
Business Act, shall not exceed $17,500,000,000: Provided further, That
during fiscal year 2007 commitments to guarantee loans for debentures
under section 303(b) of the Small Business Investment Act of 1958,
shall not exceed $3,000,000,000: Provided further, That during fiscal
year 2007 guarantees of trust certificates authorized by section 5(g)
of the Small Business Act shall not exceed a principal amount of
$12,000,000,000.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, $126,136,000, which may be transferred to
and merged with the appropriations for Salaries and Expenses.

disaster loans program account

(including transfers of funds)

For the cost of direct loans authorized by section 7(b) of the
Small Business Act, $85,140,000, to remain available until expended:
Provided, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974.
In addition, for administrative expenses to carry out the direct
loan program authorized by section 7(b), of the Small Business Act,
$113,850,000, of which $495,000 is for the Office of Inspector General
of the Small Business Administration for audits and reviews of disaster
loans and the disaster loan program and shall be transferred to and
merged with appropriations for the Office of Inspector General; of
which $104,445,000 is for direct administrative expenses of loan making
and servicing to carry out the direct loan program, to remain available
until expended, and which may be transferred and merged with
appropriations for Salaries and Expenses; and of which $8,910,000 is
for indirect administrative expenses, which may be transferred and
merged with appropriations for Salaries and Expenses: Provided, That
the Administrator of the Small Business Administration shall assign or
hire staff with primary responsibility for developing, and implementing
the comprehensive disaster response plan of the Small Business
Administration, conducting and coordinating training for all employees
involved in disaster response, and conducting and coordinating disaster
training exercises with other Federal agencies: Provided further, That,
in the event of a major disaster (as that term is defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122), the Administrator may authorize a district office
of the Administration to process loans under paragraph (1) or (2) of
section 7(b) of the Small Business Act (15 U.S.C. 636(b)).

administrative provision--small business administration

Not to exceed 5 percent of any appropriation made available for the
current fiscal year for the Small Business Administration in this Act
may be transferred between such appropriations, but no such
appropriation shall be increased by more than 10 percent by any such
transfers: Provided, That any transfer pursuant to this paragraph shall
be treated as a reprogramming of funds under section 505 of this Act
and shall not be available for obligation or expenditure except in
compliance with the procedures set forth in that section.

State Justice Institute

salaries and expenses

For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act of 1992
(Public Law 102-572), $4,500,000: Provided, That not to exceed $2,500
shall be available for official reception and representation expenses.

TITLE V

GENERAL PROVISIONS

Sec. 501. The Departments of Commerce and Justice, the National
Science Foundation, the National Aeronautics and Space Administration,
the Federal Communications Commission, the Securities and Exchange
Commission, and the Small Business Administration shall provide to the
Committees on Appropriations of the Senate and of the House of
Representatives a quarterly accounting of the cumulative balances of
any unobligated funds that were made available to any such agency in
any previous appropriations Act.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, pursuant to 5
U.S.C. 3109, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or
under existing Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application of such
provision to any person or circumstances shall be held invalid, the
remainder of the Act and the application of each provision to persons
or circumstances other than those as to which it is held invalid shall
not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure in fiscal
year 2007, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure
through a reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases funds or
personnel by any means for any project or activity for which funds have
been denied or restricted; (4) relocates an office or employees; (5)
reorganizes or renames offices, programs, or activities; or (6)
contracts out or privatizes any functions or activities presently
performed by Federal employees; unless the Appropriations Committees of
both Houses of Congress are notified 15 days in advance of such
reprogramming of funds.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2007, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in excess of
$750,000 or 10 percent, whichever is less, that: (1) augments existing
programs, projects, or activities; (2) reduces by 10 percent funding
for any existing program, project, or activity, or numbers of personnel
by 10 percent as approved by Congress; or (3) results from any general
savings, including savings from a reduction in personnel, which would
result in a change in existing programs, activities, or projects as
approved by Congress; unless the Appropriations Committees of both
Houses of Congress are notified 15 days in advance of such
reprogramming of funds.
Sec. 506. Hereafter, none of the funds made available in this Act
or any other Act may be used for the construction, repair (other than
emergency repair), overhaul, conversion, or modernization of vessels
for the National Oceanic and Atmospheric Administration in shipyards
located outside of the United States.
Sec. 507. If it has been finally determined by a court or Federal
agency that any person intentionally affixed a label bearing a ``Made
in America'' inscription, or any inscription with the same meaning, to
any product sold in or shipped to the United States that is not made in
the United States, the person shall be ineligible to receive any
contract or subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility procedures
described in sections 9.400 through 9.409 of title 48, Code of Federal
Regulations.
Sec. 508. Any costs incurred by a department or agency funded under
this Act resulting from personnel actions taken in response to funding
reductions included in this Act shall be absorbed within the total
budgetary resources available to such department or agency: Provided,
That the authority to transfer funds between appropriations accounts as
may be necessary to carry out this section is provided in addition to
authorities included elsewhere in this Act: Provided further, That use
of funds to carry out this section shall be treated as a reprogramming
of funds under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the procedures set
forth in that section.
Sec. 509. None of the funds provided by this Act shall be available
to promote the sale or export of tobacco or tobacco products, or to
seek the reduction or removal by any foreign country of restrictions on
the marketing of tobacco or tobacco products, except for restrictions
which are not applied equally to all tobacco or tobacco products of the
same type.
Sec. 510. None of the funds appropriated pursuant to this Act or
any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more than
24 hours after the system advises a Federal firearms licensee
that possession or receipt of a firearm by the prospective
transferee would not violate subsection (g) or (n) of section
922 of title 18, United States Code, or State law.
Sec. 511. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established under 42 U.S.C. 10601 in
any fiscal year in excess of $625,000,000 shall not be available for
obligation until the following fiscal year.
Sec. 512. None of the funds made available to the Department of
Justice in this Act may be used to discriminate against or denigrate
the religious or moral beliefs of students who participate in programs
for which financial assistance is provided from those funds, or of the
parents or legal guardians of such students.
Sec. 513. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 514. All disaster loans issued in Alaska or North Dakota shall
be administered by the Small Business Administration and shall not be
sold during fiscal year 2007.
Sec. 515. With the consent of the President, the Secretary of
Commerce shall represent the United States Government in negotiating
and monitoring international agreements regarding fisheries, marine
mammals, or sea turtles: Provided, That the Secretary of Commerce shall
be responsible for the development and interdepartmental coordination
of the policies of the United States with respect to the international
negotiations and agreements referred to in this section.
Sec. 516. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in
section 505 of this Act. Any reprogramming request related to any E-
Government Initiative shall include a cost-benefit analysis, the
business metrics used by the department or agency to measure successful
implementation, and all savings achieved by the department or agency
from its contributions to E-Government Initiatives. All reprogramming
requests must demonstrate that the benefits from the transfer for an E-
Government Initiative are greater than the original purpose for which
the funds were appropriated. These requirements apply to future budget
submissions and reprogramming requests for the current and future
fiscal years. The reprogramming request shall also include a
certification by the department or agency inspector general that the
documentation validates the outcomes of the E-Government Initiative
cost-benefit analysis.
Sec. 517. (a) Tracing studies conducted by the Bureau of Alcohol,
Tobacco, Firearms, and Explosives are released without adequate
disclaimers regarding the limitations of the data.
(b) The Bureau of Alcohol, Tobacco, Firearms, and Explosives shall
include in all such data releases, language similar to the following
that would make clear that trace data cannot be used to draw broad
conclusions about firearms-related crime:
(1) Firearm traces are designed to assist law enforcement
authorities in conducting investigations by tracking the sale
and possession of specific firearms. Law enforcement agencies
may request firearms traces for any reason, and those reasons
are not necessarily reported to the Federal Government. Not all
firearms used in crime are traced and not all firearms traced
are used in crime.
(2) Firearms selected for tracing are not chosen for
purposes of determining which types, makes or models of
firearms are used for illicit purposes. The firearms selected
do not constitute a random sample and should not be considered
representative of the larger universe of all firearms used by
criminals, or any subset of that universe. Firearms are
normally traced to the first retail seller, and sources
reported for firearms traced do not necessarily represent the
sources or methods by which firearms in general are acquired
for use in crime.
Sec. 518. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on claims
directed to or encompassing a human organism.
Sec. 519. None of the funds made available in this Act shall be
used in any way whatsoever to support or justify the use of torture by
any official or contract employee of the United States Government.
Sec. 520. (a) Notwithstanding any other provision of law or treaty,
none of the funds appropriated or otherwise made available under this
Act or any other Act may be expended or obligated by a department,
agency, or instrumentality of the United States to pay administrative
expenses or to compensate an officer or employee of the United States
in connection with requiring an export license for the export to Canada
of components, parts, accessories or attachments for firearms listed in
Category I, section 121.1 of title 22, Code of Federal Regulations
(International Trafficking in Arms Regulations (ITAR), part 121, as it
existed on April 1, 2005) with a total value not exceeding $500
wholesale in any transaction, provided that the conditions of
subsection (b) of this section are met by the exporting party for such
articles.
(b) The foregoing exemption from obtaining an export license--
(1) does not exempt an exporter from filing any Shipper's
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles
enumerated in subsection (a); and
(2) does not permit the export without a license of--
(A) fully automatic firearms and components and
parts for such firearms, other than for end use by the
Federal Government, or a Provincial or Municipal
Government of Canada;
(B) barrels, cylinders, receivers (frames) or
complete breech mechanisms for any firearm listed in
Category I, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada; or
(C) articles for export from Canada to another
foreign destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary export
without a license of any unclassified articles specified in subsection
(a) to Canada for end use in Canada or return to the United States, or
temporary import of Canadian-origin items from Canada for end use in
the United States or return to Canada for a Canadian citizen.
(d) The President may require export licenses under this section on
a temporary basis if the President determines, upon publication first
in the Federal Register, that the Government of Canada has implemented
or maintained inadequate import controls for the articles specified in
subsection (a), such that a significant diversion of such articles has
and continues to take place for use in international terrorism or in
the escalation of a conflict in another nation. The President shall
terminate the requirements of a license when reasons for the temporary
requirements have ceased.
Sec. 521. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States receiving
appropriated funds under this Act or any other Act shall obligate or
expend in any way such funds to pay administrative expenses or the
compensation of any officer or employee of the United States to deny
any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
qualified pursuant to 27 CFR Sec. 478.112 or .113, for a permit to
import United States origin ``curios or relics'' firearms, parts, or
ammunition.
Sec. 522. Notwithstanding section 505 of this Act, no funds shall
be reprogrammed within or transferred between appropriations after June
30, except in extraordinary circumstances.
Sec. 523. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence or intelligence related
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2007 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2007.
Sec. 524. The Office of Inspector Generals funded under this Act
shall forward copies of all audit reports to the Senate Committee on
Appropriations immediately after they are issued and immediately make
the Committee aware of any review that recommends cancellation of, or
modification to, any major acquisition project or grant, or that
recommends significant budgetary savings. The Office of Inspector
Generals funded under this Act shall withhold from public distribution
for a period of 15 days any final audit or investigation report that
was requested by the Senate Committee on Appropriations.
Sec. 525. Hereafter, none of the funds made available by the
Congress may be used to implement, administer, or enforce any
guidelines of the Equal Employment Opportunity Commission covering
harassment based on religion, when it is made known to the Federal
entity or official to which such funds are made available that such
guidelines do not differ in any respect from the proposed guidelines
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 526. None of the funds in this Act or prior Acts making
appropriations for the Department of Justice may be used to make a
grant allocation, a discretionary grant award, or a discretionary
contract award that is specified in the report accompanying this Act,
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: Provided,
That no notification shall involve funds that are not available for
obligation.
Sec. 527. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ``December 31, 2006'',
each place it appears and inserting ``December 31, 2007''.
Sec. 528. Of funds previously appropriated to the Small Business
Administration in Public Law 109-108 for the town of Millry, $25,000
shall be for the Millry Improvements Association to reimburse them for
the costs of the previously constructed Millry Area Veterans Memorial
and related expenses.
Sec. 529. Section 214(e) of the Communications Act of 1934 (47
U.S.C. 214(e)), is amended by adding at the end the following:
``(7) Primary line.--In implementing the requirements of
this Act with respect to the distribution and use of Federal
Universal Service support the Commission shall not limit such
distribution and use to a single connection or primary line,
and all residential and business lines served by an eligible
telecommunications carrier shall be eligible for Federal
universal service support.''.
Sec. 530. None of the funds provided in this Act may be used to
implement an involuntary reduction in force at any NASA center during
fiscal year 2007.
Sec. 531. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to
implement the February 27, 2004 recommendations of the Federal-State
Joint Board on Universal Service regarding single connection or primary
line restrictions on universal service support payments.
Sec. 532. Contact Lens Consumer Protection. (a) Short Title.--This
section may be cited as the ``Contact Lens Consumer Protection Act''.
(b) Contact Lens Consumer Protection.--The Fairness to Contact Lens
Consumer Act (15 U.S.C. 76017 et seq.) is amended by inserting after
section 7, the following new section:

``SEC. 7A. POLICY REGARDING THE AVAILABILITY OF CONTACT LENSES.

``(a) In General.--A manufacturer shall make any contact lens the
manufacturer produces, markets, distributes, or sells available in a
commercially reasonable and nondiscriminatory manner to--
``(1) prescribers;
``(2) entities associated with prescribers; and
``(3) alternative channels of distribution.
``(b) Exclusion.--
``(1) In general.--For purposes of this section, the term
`contact lens' does not include lenses that are described in
paragraph (2).
``(2) Lenses described.--The lenses described in this
paragraph include--
``(A) rigid gas permeable lenses;
``(B) bitoric gas permeable lenses;
``(C) bifocal gas permeable lenses;
``(D) keratoconus lenses;
``(E) custom soft toric lenses; and
``(F) any other custom designed lenses that are
manufactured for an individual patient and are not mass
marketed or mass produced.
``(c) Definitions.--In this section:
``(1) Alternative channels of distribution.--The term
`alternative channels of distribution' means any mail order
company, Internet retailer, pharmacy, buying club, department
store, or mass merchandise outlet, without regard to whether
the entity is associated with a prescriber, unless the entity
is a competitor as defined in paragraph (2).
``(2) Competitor.--The term `competitor' means an entity
that manufactures contact lenses and sells the lenses in direct
competition with another manufacturer.
``(3) Manufacturer.--The term `manufacturer' includes the
manufacturer and the parent company of the manufacturer, and
any subsidiaries, affiliates, successors, and assigns of the
manufacturer.
``(d) Safe Harbor for Manufacturers.--Nothing in this section shall
be deemed to impose on a manufacturer an obligation to--
``(1) sell to a competitor;
``(2) sell contact lenses to different contact lens
distributors or customers at the same price, consistent with
applicable Federal law;
``(3) open or maintain any account for a seller who is not
in substantial compliance with this Act;
``(4) decide whether to sell to a low volume account
directly or through a distributor; or
``(5) make available to sellers in all geographic areas
lenses that are being test marketed on a limited basis in one
geographic area.
``(e) Prohibition on Filling Expired Prescriptions.--No entity
described in subsection (a) may knowingly fill a prescription that is
expired.
``(f) Rulemaking.--The Federal Trade Commission shall prescribe
rules to carry out this section in the same manner as set forth under
section 8 of this Act and any rule prescribed under this section shall
take effect not later than 60 days after the date of the enactment of
this Act.
``(g) Violations.--Any violation of this section or the rules
required under subsection (e) shall be treated in the same manner as
provided for under section 9 of this Act.''.
Sec. 533. Child Pornography Amendments. (a) Increase in Fine for
Failure to Report.--Section 227(b)(4) of the Crime Control Act of 1990
(42 U.S.C. 13032(b)(4)) is amended--
(1) by striking ``$50,000;'' in subparagraph (A) and
inserting ``$150,000;''; and
(2) by striking ``$100,000.'' in subparagraph (B) and
inserting ``$300,000.''.
(b) Warning Labels for Websites Depicting Sexually Explicit
Material.--
(1) In general.--
(A) Notice requirement.--It is unlawful for the
operator of a website that is primarily operated for
commercial purposes knowingly, and with knowledge of
the character of the material, to place sexually
explicit material on the website unless--
(i) the first page of the website viewable
on the Internet does not include any sexually
explicit material; and
(ii) each page or screen of the website
that does contain sexually explicit material
also displays the matter prescribed by the
Federal Trade Commission under paragraph (2).
(B) Exception for restricted access websites.--
Subparagraph (A)(ii) does not apply to any website
access to which is restricted to a specific set of
individuals through a password or other access
restriction mechanism.
(2) Marks or notices.--Within 90 days after the date of
enactment of this Act, the Federal Trade Commission shall, in
consultation with the Attorney General, promulgate regulations
establishing clearly identifiable marks or notices to be
included in the code, if technologically feasible, or on the
pages or screens of a website that contains sexually explicit
material to inform any person who accesses that website of the
nature of the material and to facilitate the filtering of such
pages or screens.
(3) Inapplicability to carriers and other service
providers.--Subsection (a) does not apply to a person to the
extent that the person is--
(A) a telecommunications carrier (as defined in
section 3(44) of the Communications Act of 1934 (47
U.S.C. 153(44));
(B) engaged in the business of providing an
Internet access service; or
(C) engaged in the transmission, storage,
retrieval, hosting, formatting, or translation of a
communication made by another person, without selection
or alteration of the content (other than by translation
or by lawful selection or deletion of matter).
(4) Definitions.--In this subsection:
(A) Website.--The term ``website'' means any
collection of material placed in a computer server-
based file archive so that it is publicly accessible
over the Internet using hypertext transfer protocol, or
any successor protocol.
(B) Sexually explicit material.--The term
``sexually explicit material'' means material that
depicts sexually explicit conduct (as defined in
section 2256(2)(A) of section 2256 of title 18, United
States Code), unless that depiction constitutes a small
and insignificant part of the whole, the remainder of
which is not primarily devoted to sexual matters.
(C) Internet.--The term ``Internet'' means the
combination of computer facilities and electromagnetic
transmission media, and related equipment and software,
comprising the interconnected worldwide network of
computer networks that employ the TCP/IP protocol or
any successor protocol to transmit information.
(D) Internet access service.--The term ``Internet
access service'' means a service that enables users to
access content, information, electronic mail, or other
services offered over the Internet and may also include
access to proprietary content, information, and other
services as part of a package of services offered to
the public other than telecommunications service (as
defined in section 3(46) of the Communications Act of
1934 (47 U.S.C. 153(46))).
(5) Penalty.--Violation of this subsection is punishable by
a fine under title 18, United States Code, or imprisonment for
not more than 5 years, or both.
(c) 47 U.S.C. 541 is amended by adding at the end the following:
``(g) Child Pornography.--A multichannel video programming
distributor may not distribute child pornography (as defined in section
2256(8) of title 18, United States Code).''.
(d) Prohibition on Deceptive Website Devices to Trick Individuals
Into Accessing Matter That is Obscene or Harmful to Children.--
(1) In General.--Chapter 110 of title 18, United States
Code, is amended by adding at the end the following:
``Sec. 2252C. Misleading words or images on the Internet
``(a) In General.--
``(1) Matter that is obscene.--It is unlawful for any
person knowing to embed words, symbols, or digital images into
the source code of a website with the intent to deceive another
person into viewing material that is obscene.
``(2) Matter that is harmful to children.--It is unlawful
for any person knowing to embed words, symbols, or digital
images into the source code of a website with the intent to
deceive a minor into viewing material that is harmful to
minors.
``(3) Identified matter not deceptive.--For purposes of
this section, a word, symbol, or image that clearly indicates
the sexual content of a website as sexual, pornographic, or
similar terms shall not be considered to be misleading or
deceptive.
``(b) Definitions.--In this section:
``(1) Material harmful to minors.--The term `material that
is harmful to minors' means a communication consisting of
nudity, sex, or excretion that, taken as a whole and with
reference to its content--
``(A) predominantly appeals to a prurient interest
of a minor;
``(B) is patently offensive to prevailing standards
in the adult community as a whole with respect to what
is suitable material for minors; and
``(C) lacks serious literary, artistic, political,
or scientific value for minors.
``(2) Sex.--The term `sex' means acts of masturbation,
sexual intercourse, or physical contact with a person's
genitals, or the condition of human male or female genitals
when in a state of sexual stimulation or arousal.
``(3) Source code.--The term `source code' means the
combination of text and other characters comprising the
content, both viewable and nonviewable, of a web page,
including any website publishing language, programming
language, protocol, or functional content.
``(c) Penalties.--
``(1) Obscene material.--Violation of subsection (a)(1) is
punishable by a fine under this title, or imprisonment for not
more than 2 years, or both.
``(2) Material harmful to minors.--Violation of subsection
(a)(2) is punishable by a fine under this title, or
imprisonment for not more than 4 years, or both.''.
(2) Conforming Amendment.--The chapter analysis for chapter
110 of title 18, United States Code, is amended by inserting
after the item relating to section 2252B the following:

``2252C. Misleading words or images on the Internet''.
(e) Civil Remedies.--
(1) In General.--Section 2255(a) of title 18, United States
Code, is amended--
(A) by striking ``(a) Any minor who is'' in the
first sentence and inserting ``(a) In General.--Any
person who, while a minor, was'';
(B) by striking ``such violation.'' in the first
sentence and inserting ``such violation, regardless of
whether the injury occurred while such person was a
minor,'';
(C) by striking ``such minor'' in the first
sentence and inserting ``such person'';
(D) by striking ``Any minor'' in the second
sentence and inserting ``Any person''; and
(E) by striking ``$50,000'' in the second sentence
and inserting ``$150,000''.
(2) Conforming amendment.--Section 2255(b) of title 18,
United States Code, is amended by striking ``(b) Any action''
and inserting ``(b) Statute of Limitations.--Any action''.

TITLE VI

RESCISSIONS

DEPARTMENT OF JUSTICE

Violent Crime Reduction Trust Fund

(rescission)

Of the unobligated balances available under this heading,
$8,000,000 are rescinded.

General Administration

telecommunications carrier compliance fund

(rescission)

Of the unobligated balances available under this heading,
$39,000,000 are rescinded.

counterterrorism fund

(rescission)

Of the unobligated balances available under this heading,
$11,000,000 are rescinded.

Legal Activities

assets forfeiture fund

(rescission)

Of the unobligated balances available under this heading,
$170,000,000 are rescinded.

United States Attorneys

salaries and expenses

(rescission)

Of the unobligated balances available for Project Seahawk under
this heading, $27,000,000 are rescinded.

Office of Justice Programs

justice assistance

(rescission)

Of the unobligated balances available under this heading,
$127,500,000 are rescinded.

community oriented policing services

(rescission)

Of the unobligated balances available under this heading,
$127,500,000 are rescinded.

RELATED AGENCIES

Small Business Administration

salaries and expenses

(rescission)

Of the unobligated balances available under this heading,
$6,100,000 are rescinded.

business loans program account

(rescission)

Of the unobligated balances available under this heading,
$5,000,000 are rescinded.

disaster loans program account

(rescission)

Of the unobligated balances available under this heading,
$3,700,000 are rescinded.
This Act may be cited as the ``Departments of Commerce and Justice,
Science, and Related Agencies Appropriations Act, 2007''.
Amend the title so as to read: ``An Act making
appropriations for the Departments of Commerce and Justice,
Science, and related agencies, for the fiscal year ending
September 30, 2007, and for other purposes.''.
Calendar No. 516

109th CONGRESS

2d Session

H.R. 5672

[Report No. 109-280]

_______________________________________________________________________

AN ACT

Making appropriations for Science, the Departments of State, Justice,
and Commerce, and related agencies for the fiscal year ending September
30, 2007, and for other purposes.

_______________________________________________________________________

June 29, 2006

Received; read twice and referred to the Committee on Appropriations

July 13, 2006

Reported with an amendment and an amendment to the title