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TheWeekInCongress.com (TM)

Week Ending July 27, 2007

 

H.R.3093 Making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008, and for other purposes.

 

Programs of the Departments of Commerce and Justice and various Federal entities regarding science are funded and modified in this bill.

 

Commerce

The Department of Commerce will continue its varied role of facilitating international commerce and trade promotion, economic development, small and minority business development and support, setting standards for technology, researching and managing the nation’s coasts and oceans, setting telecommunications policy and regulations, protecting intellectual property, patents and trademarks, and gathering census data among other missions. The Department is supported with about $7 billion.

 

While Commerce is relatively without any politics in the bill, not so the Department of Justice. Under Justice are the FBI, the US Marshall Service, the US Prison system, Drug Enforcement Agency, and various anti-terror agencies on the criminal end and the Office of Civil Rights, Anti-Trust entities, and management of bankruptcy and other civil law entities. This year, the Appropriations Committee concluded that the President’s request for funding was too low at a time when Justice is facing increased challenges. The Committee is concerned that violent crime has risen two years in a row. The Committee more than doubled the President’s request for aid to local law enforcement to over $3 billion. An additional $146 million was added to the FBI budget and other law enforcement efforts, including grants to states to expand Community Oriented Policing.

 

Politics entered the bill report in three areas: National Security Letters, Warrantless Wiretapping and firing of US Attorneys.

 

Justice's Office of Inspector General concluded that the FBI had improperly used National Security Letters to gather personal information from Internet providers on customers with the promise that a subpoena was forthcoming when, in fact, the subpoena had never been requested. The bill prohibits the use of funds to authorize a National Security Letter in contravention of the statutes authorizing the FBI to issue them.

 

The warrantless wiretapping issue was raised when the Administration held that Executive Privilege allowed for wiretapping and other similar information gathering without obtaining a warrant from the Foreign Intelligence Surveillance Act court. Although the bill has no provisions relating to that concern the Committee affirms its opposition to that activity.

 

The firing of US Attorney’s allegedly for political reasons was addressed without resolution as well. The Committee noted that the alleged activity is unacceptable.

 

NASA and the National Science Foundation are the centerpieces of Science spending in the bill. NASA will see substantial increases in its budget and continued space exploration is supported. The National Science Foundation that creates and implements the nation’s science policy will emphasize education programs in the fields of science, math and technology that will reach from university graduate level down to grades K through 12.

 

Sponsor:  Rep. Alan B. Mollohan (D-WV-1st)

Vote: The bill passed the House July 26, 2007  281 to 142 RC 744. The Minority motion to recommit the bill failed 209 to 215 RC 743

 

The Motion to Recommit the bill with Instructions

The motion to recommit required the bill to be returned to the Committee and reported back promptly with an amendment that would increase funds to help the Justice Department prosecute and incarcerate criminal aliens and more funds to reimburse local law enforcement for efforts to fight illegal immigration.

 

Opposition to the Motion centered first on the ruling of the Chair that "a motion to recommit with instructions to report forthwith, a motion with ``non-forthwith'' instructions proposes to take the bill from the floor without reaching the question of passage" therefore killing the bill. With a $3 billion increase in funds, opposition held that the areas of concern in the Motion are well funded in the bill.

The Minority motion to recommit the bill failed 209 to 215 RC 743

 

Cost to the taxpayers: $53.6 billion. $2.9 billion over last year. $2.3 billion over the President’s request.

Earmark Certification:   The bill contains earmarks

## All Rights Reserved. © 2007 TheWeekInCongress.com(TM)

No reproduction, language translation or distribution without written permission from TheWeekInCongress.com.(TM)

 

MORE INFORMATION

AMENDMENTS

TITLE I---DEPARTMENT OF COMMERCE

TITLE II---DEPARTMENT OF JUSTICE

TITLE III---SCIENCE

TITLE IV---RELATED AGENCIES

TITLE V---GENERAL PROVISIONS

 

TITLE I---DEPARTMENT OF COMMERCE

The Committee recommendation includes a total of $7,063,448,000 in general purpose discretionary funds for the Department of Commerce for fiscal year 2008, which is $609,103,000 above fiscal year 2007 (excluding supplemental appropriations) and $467,641,060 above the request.

 

International Trade Administration

Bureau of Industry and Security

Economic Development Administration

Economic and Information Infrastructure

Bureau of Census

National Telecommunications and Information Administration

Public Telecommunications Facilities

US Patent and Trademark Office

Science and Technology

National Institute of Standards and Technology

Scientific and Technical Research Service

Manufacturing Extension Partnership Programs

NOAA

Pacific Coastal Salmon Recovery

National Intellectual Property Law Enforcement Coordination Council

 

International Trade Administration

The mission of the International Trade Administration is to create economic opportunity for U.S. workers and firms by promoting international trade, opening foreign markets, ensuring compliance with trade laws and agreements, and supporting U.S. commercial interests at home and abroad. The Committee recommendation includes $430,431,000 in total resources for the programs of the International Trade Administration (ITA) for fiscal year 2008, which is $26,827,000 above the current year level and $5,000,000 above the requested amount.

Import Administration- The Committee recommendation includes $65,601,000 for the Import Administration (IA). This program investigates antidumping and countervailing duty cases to ensure compliance with applicable U.S. statutes and administers certain other statutory programs relating to imports and foreign trade zones.

Office of China Compliance.--The Committee continues language designating $5,900,000 within the total for the Import Administration for this Office.

The Committee reminds the Department that this Office was created to specialize in anti-dumping (AD) cases involving China, with special attention on small- and medium-sized domestic businesses.

Market Access and Compliance (MAC).--The Committee recommendation includes $42,960,000 for this purpose. The Committee continues to support the efforts of the ITA to aggressively enforce trade agreements. MAC develops strategies to overcome market access obstacles faced by U.S. businesses by monitoring foreign country compliance with multilateral and bilateral trade-related agreements and identifying compliance and other market access obstacles.

Manufacturing and Services.--The Committee recommendation includes $49,564,000 for this purpose. This program focuses on both the domestic and international aspects of U.S. industrial competitiveness by working with U.S. industries to evaluate the needs of the U.S. manufacturing and service sectors; conducting economic and regulatory analysis to strengthen U.S. industry; obtaining input and advice from U.S. industries for trade policy setting; and participating, as appropriate.

Executive Direction and Administration.--The Committee recommendation includes $26,604,000 for the administrative and policy functions of ITA.

Trade Promotion and the U.S. & Foreign Commercial Service.--The Committee recommendation includes $245,702,000 for the U.S. & Foreign Commercial Service. The recommendation provides funding for two textile-related programs. The Commercial Service conducts trade promotion programs intended to broaden and deepen the base of U.S. exports, particularly of small and medium-sized firms; provides American companies with reliable advice on the range of public and private assistance available and knowledgeable support for all other Federal trade promotion services; offers export assistance through information, referral and follow-up services through its integrated global field network; ensures adequate support for compliance and leads interagency advocacy efforts for major overseas projects, including early involvement in project development and assistance to resolve post-export transaction problems.

Travel Expenditures- The Committee directs the Department to increase the number of investigative teams traveling to China and India, the sources of most trade complaints, to verify documentation of information provided by foreign companies.

 

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Bureau of Industry and Security

The mission of the Bureau of Industry and Security (BIS) is to advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system and promoting continued U.S. strategic technology leadership.

Export Administration (EA).--The Export Administration carries out BIS programs related to export control regulations, export licenses, treaty compliance, treaty obligations relating to weapons of mass destruction, and the defense industrial and technology base to meet national security needs.

Export Enforcement (EE).--The Export Enforcement program detects and prevents the illegal export of controlled goods and technology. EE investigates and helps sanction violators of U.S. export control, anti-terrorist and public safety laws and regulations; educates the business community to help prevent violations; and administers the Export Administration Act (EAA). The Committee recommends $78,776,000 for the Bureau of Industry and Security, which is $3,382,000 above the fiscal year 2007 level and the same as the request.

 

Economic Development Administration

The mission of the Economic Development Administration (EDA) is to lead the Federal economic development agenda by promoting innovation and competitiveness, preparing American regions for growth and success in the worldwide economy. The recommendation includes $302,800,000 for the programs and administrative expenses of the EDA for fiscal year 2008, which is $100,000,000 above the request and $22,177,000 above fiscal year 2007.

The total recommendation for EDA consists of the amounts appropriated in the following two accounts:

Economic Development Assistance Programs promote regional economic development efforts that benefit distressed communities, and especially distressed rural communities. The Committee recommendation includes $270,000,000 for the Economic Development Assistance programs, an increase of $100,000,000 above the request and $19,259,000 above fiscal year 2007.

The administration of EDA's Economic Development Assistance Programs is carried out through a network of headquarters and regional offices. These activities include pre-application assistance and development, application processing, and project monitoring as well as general support functions such as economic development research, technical assistance, information dissemination, legal and environmental compliance, financial management, budgeting, and debt management.

 The Committee recommendation includes $32,800,000 for the salaries and expenses of the EDA, the same as the request and $2,918,000 above fiscal year 2007.

 

The mission of the Minority Business Development Agency (MBDA) is to achieve entrepreneurial parity for Minority Business Enterprises (MBEs) by promoting their ability to grow and to compete in the global economy. MBDA helps minority-owned businesses obtain access to public and private debt and equity financing, market opportunities, and management and business information to increase business growth in the minority business community. The Committee recommendation includes $31,225,000 for the Minority Business Development Agency for fiscal year 2008. The recommendation is $2,524,000 above the request and $1,500,000 above fiscal year 2007

 

 

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Economic and Information Infrastructure

This section includes the Department of Commerce agencies responsible for the Nation's basic economic and technical information infrastructure, as well as the administrative functions to oversee the development of telecommunications policy.

The mission of the Bureau of Economic Analysis (BEA) is to promote the understanding of the U.S. economy by providing timely, relevant, and accurate economic accounts data. These statistics are key ingredients in decisions affecting interest and exchange rates, tax and budget projections, business investment plans, and the allocation of over $215 billion in Federal funds, including programs such as Medicaid and Temporary Assistance for Needy Families (TANF), among others. BEA prepares national, regional, industry and international accounts that present essential information on such issues as economic growth, regional economic development, inter-industry relationships and the Nation's position in the world economy. The Committee recommendation includes $86,500,000, which is $1,500,000 above the request and $6,749,000 above fiscal year 2007.

Research and Development Initiative.--The Committee fully supports the effort by BEA to measure the impact of research and development activity in the National Income and Product Accounts (NIPAs) and Gross Domestic Product (GDP) accounts. This Committee recommends the full funding request of $2,080,000 for this effort.

 

 

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Bureau of Census

The mission of the Bureau of the Census (Census), is to serve as the leading source of quality data about the Nation's people and economy. To accomplish this mission, Census measures those trends and segments of our population and economy most critical to continued American success and prosperity. The Committee recommendation includes a total operating level of $1,232,244,000 for the Bureau of the Census, which is $2,000,000 above the request and $339,232,000 above fiscal year 2007.

Current economic statistics.--The business statistics program provides current information on sales and related measures of retail and wholesale trade and selected service industries. Construction statistics are provided on significant construction activity, while manufacturing statistics survey key industrial commodities and manufacturing activities, providing current statistics on the quantity and value of industrial output.

General economic statistics.--Provides a Business Register of all U.S. business firms and their establishment, uniform classification data based on the North American Industry Classification System (NAICS), annual county business data, corporate financial data, e-commerce estimates, and an economic research program.

Foreign trade statistics.--Provides for publication of monthly and annual reports on imports and exports, which covers the Census Bureau's responsibilities under the Trade Act of 1974.

Current demographic statistics.--Household surveys provide information on the social and economic characteristics of the population. The Census Bureau also provides current reports and future projections on the geographic and demographic characteristics of the U.S. population. International statistics provide estimates of demographic and economic characteristics for various countries.

Survey development and data services.--The Statistical Abstract of the United States summarizes Government and private statistics of the industrial, social, political, and economic activities of the United States. This function also supports general research on survey methods and techniques to improve the efficiency, accuracy, and timeliness of statistical programs. The Committee recommendation includes $196,838,000 for the salaries and expenses of the Bureau of the Census for fiscal year 2008, which is $6,000,000 below the request and $191,000 above fiscal year 2007.

Survey of Income and Program Participation (SIPP).--The Committee is concerned that the plan to replace the SIPP with the Dynamics of Economic Well-Being (DEWS) survey will result in significant data gaps. It has become clear that the DEWS survey has significant design flaws and would be an inadequate replacement for SIPP. Moreover, the Committee understands that the current design schedule for DEWS would result in a data gap exceeding one year. The Committee directs the Bureau of the Census to suspend activity on the DEWS survey development and redirect the funding planned for DEWS to restore the SIPP program. Further, the Committee has provided an additional $19,000,000 to enable the SIPP survey to collect a full sample of 45,000 participants so that Federal, state and local policy-makers have the information they need to make decisions on a range of programs that provide significant public benefits. The Committee directs the Bureau to work with stakeholders to reengineer the SIPP to develop a more accurate and timely survey to capture the economic dynamics of the country.

Economic statistics programs

Economic census.--The economic census provides data on manufacturing, utilities, mining, retail and wholesale trade service, construction and transportation industries. The census is taken every fifth year, covering calendar years ending in two and seven.

Census of governments.--The census of governments is taken every fifth year for calendar years ending in two and seven. The focus for 2008 is the collection and processing of data for the employment phase; data collection and processing of information from states and other sources for the finance phase; and creation of the universe frame and development of organizational information for the organization phase of the census.

Demographic statistics programs

Intercensal demographic estimates.--In years between decennial censuses, this program develops annual estimates of the population for the Nation, states, metropolitan areas, counties and functioning governmental units. These data are used for a variety of purposes including the allocation of nearly $200 billion in Federal funds, as controls for a variety of Federally sponsored surveys, as denominators for vital statistics and other health and economic indicators, and for a variety of Federal, state, and private program planning needs.

2010 decennial census program.--Funds for the 2010 Census program support three key components designed to reduce risk, improve accuracy, provide more relevant data, and contain cost. They are: (1) a rigorous, multi-year planning, development, and testing process; (2) continuation of the fully implemented American Community Survey (ACS) to replace the census long-form and provide detailed data annually; and (3) enhancing the Census Bureau's geographic database by correcting and aligning street location information with Global Positioning System (GPS) coordinates. The Committee recommendation includes a total of $1,035,406,000 for all periodic censuses and related programs in fiscal year 2008, which is $8,000,000 above the request and $339,041,000 above fiscal year 2007.

Partnerships.--The Committee provides an additional $13,000,000 for the Bureau of the Census to support partnership and outreach efforts in preparation for the 2010 Decennial Census with specific focus being placed on hard to reach populations.

Language Assistance Programs.--While the Census Bureau should be commended for the work it has done to ensure that Spanish speakers receive adequate assistance in filling out their census questionnaires, the Committee is concerned that the Census Bureau has not adequately planned for assistance in other languages during the 2010 Census and the ACS. The Census Bureau should provide the Committee with updates on a quarterly basis on its language assistance program.

Data on small population groups.--The Committee is concerned about the availability of data on small population groups, especially Asian, Hispanic, Pacific Islander, and other national origins subgroups, from the American Community Survey and decennial census. In many ethnic and immigrant communities, gathering accurate information about smaller subgroups is extremely important for policymakers, as the needs among the various populations vary significantly.

Demographic surveys sample redesign.--The demographic surveys sample redesign program takes updated information on the location and characteristics of the American population and uses that up-to-date snapshot to select representative samples of the population.

Geographic support.--This activity's goal is to determine the correct location of every residential and business establishment address in the U.S. and its territories. Major components include the Master Address File (MAF), a geographically-assigned address list for the nation, and the Topologically Integrated Geographic Encoding and Referencing (TIGER) database, which provides maps and geographic information for data tabulation. Together, they provide essential information and products critical for conducting many of the Census Bureau's programs.

American Community Survey (ACS).--The Committee recommendation includes $187,196,000 for the ACS, which is the same as the request, and $10,749,000 above the current year level. The Committee fully supports the Census Bureau's efforts to collect long-form data on an on-going basis rather than waiting for once-a-decade decennial long-form data.

Non-Decennial Programs.--The Committee recommendation includes $230,292,000 for non-decennial periodic census programs, the same amount as in the request, and $47,209,000 above the current year level.

Language is continued regarding changes to the race category for collection and dissemination purposes.

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National Telecommunications and Information Administration

The National Telecommunications and Information Administration (NTIA) serves as the President's principal adviser on telecommunications and information policy matters and develops forward-looking spectrum policies that ensure efficient and effective spectrum access and use. NTIA manages all spectrum use by Federal government departments and agencies and examines how the radio frequency spectrum is used and managed in the United States. NTIA advocates for policies and conducts technical research that supports delivery of the latest telecommunications technology and services to all Americans.

Domestic and international policies.--NTIA develops and advocates policies to improve and expand domestic telecommunications services and markets.

Spectrum management.--NTIA manages the Federal government's use of the radio frequency spectrum, both domestically and internationally.

Telecommunication sciences research.--NTIA develops improved spectrum measurement techniques to address the increasing use of broadband technologies, including digital signals, spread-spectrum, and frequency agile systems.

Digital Television Transition And Public Safety Fund.--The Digital Television Transition and Public Safety Fund, created by the Deficit Reduction Act of 2005, receives offsetting receipts from the auction of licenses to use electromagnetic spectrum recovered from discontinued analog television signals and provides funding for several programs from these receipts. The Act specifies that recovered spectrum, aside from 24 megahertz dedicated for public safety use, will be auctioned by the Federal Communications Commission in 2008 and identifies the distribution of revenue for deficit reduction and program purposes as identified below. Receipts exceeding amounts specified for authorized programs will be returned to the general fund of the Treasury

The Act also provides borrowing authority to the Department of Commerce to commence specified programs prior to the availability of auction receipts to fund the following activities:

Digital-to-Analog Converter Box Program;

Public Safety Interoperable Communications;

New York City 9/11 Digital Transition;

Assistance to Low-Power Television Stations;

National Alert and Tsunami Warning Program; and

Implement the ENHANCE 911 Act of 2004.

The Committee recommendation includes $18,581,000 for the Salaries and Expenses appropriation of the NTIA, which is the same as the request and $519,000 above fiscal year 2007.

Public Telecommunications Facilities

The Public Telecommunications Facilities, Planning, and Construction (PTFPC) program awards competitive grants that help public broadcasting stations, State and local governments, Indian tribes and nonprofit organizations construct facilities to bring educational and cultural programming to the American public using broadcasting and non-broadcasting telecommunications technologies.

The Committee recommendation includes $21,728,000 for PTFPC, which is the same as fiscal year 2007. The President's request proposed to eliminate funding for this program.

The Committee notes that the PTFPC program is a critical source of funding for ongoing infrastructure needs that enable public telecommunications facilities to remain on-air, particularly in under-served, rural areas. The Committee also notes that this program provides a primary source of funding for telecommunications infrastructure assistance for public radio and television stations seeking assistance after disasters such as 9-11 and hurricanes in the gulf region.

US Patent and Trademark Office

The United States Patent and Trademark Office (PTO) is charged with administering the patent and trademark laws of the United States. PTO examines patent applications, grants patent protection for qualified inventions, and disseminates technological information disclosed in patents. The PTO also examines trademark applications and provides Federal registration to owners of qualified trademarks. The PTO advises the Office of the United States Trade Representative on enforcement issues in connection with free trade agreements and participates in consultations with numerous foreign governments on a broad range of issues related to the enforcement of intellectual property rights. The Committee recommendation includes $1,915,500,000 for the PTO for fiscal year 2008, which is the same as the request and $144,500,000 above fiscal year 2007, to be derived from offsetting fee collections.

The Committee remains concerned over the number of patent and trademark backlogs within the Patent and Trademark Office (PTO). Despite aggressive hiring and retention policies and the increased use of telework the patent and trademark backlog has not yet been reduced, and in fact, is estimated to increase in the coming years. The Committee requests that the PTO submit to the Committee, no later than 90 days after enactment of this Act, PTO's current and planned hiring efforts, current efforts and statistics on the retention of examiners, the affect additional staff and policy changes will have on reducing the backlog, and the impact of the backlog on technological innovations and American competitiveness.

 

 

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Science and Technology

The Committee recommendation includes $1,000,000 for necessary expenses of the Under Secretary for Technology, which is $557,000 below the request and $1,020,000 below fiscal year 2007. Funding is provided to cover necessary costs associated with the elimination of the position of Under Secretary for Technology, as proposed in the budget request. The Committee understands that many of the functions of the Under Secretary will be carried out by the Secretary's office.

 

National Institute of Standards and Technology

The National Institute of Standards and Technology (NIST) promotes U.S. innovation and industrial competitiveness by advancing measurement science, standards, and technology in ways that enhance economic security and improve our quality of life.

The Committee recommendation includes $778,201,000 for NIST for fiscal year 2008, which is $137,487,000 above the request and $101,325,000 above fiscal year 2007.

This appropriation supports the construction of new facilities and the renovation and maintenance of NIST's current buildings and laboratories to comply with scientific and engineering requirements and to keep pace with Federal, State, and local health and safety regulations. Funding is provided to expand the NIST Center for Neutron Research to better characterize materials in high growth research fields, design and construct a new building extension at the NIST labs in Boulder, Colorado, and strengthen maintenance, repairs, and safety at NIST's facilities. The Committee recommendation includes $128,865,000 for construction and major renovations of NIST campuses at Boulder, CO, and Gaithersburg, MD, and at other facilities which is $35,000,000 above the request, and $70,179,000 over fiscal year 2007.

The Committee fully supports funding increases associated with the Innovation Agenda, including the Building 1 Extension, which will improve measurement science at the atomic scale, and the Center for Neutron Research (NCNR) expansion and reliability improvements, which will increase NIST's neutron research capacity by 30 percent, serving an additional 500 researchers each year. The Committee also provides $35,000,000 for competitive construction grants, for research science buildings.

 

 

Scientific and Technical Research Service

To carry out its mission, NIST has an intramural research program made up of laboratories and technical programs and national research facilities. NIST also manages the Baldridge National Quality Program.

NIST Laboratories: Laboratories and Technical Programs.--These programs develop and disseminate measurement techniques, reference data and materials, test methods, standards, and other infrastructural technologies and services required by U.S. industry. Eight technical subactivities within this program concentrate on measurements and standards work in the following areas: electronics and electrical engineering, manufacturing engineering, chemical science and technology, physics, materials science and engineering, building and fire research, computer science and applied mathematics, and standards and technology services. These programs also include centrally managed activities that provide support to NIST programs, including research to build new capabilities necessary to maintain state-of-the-art knowledge to address measurements and standards opportunities, a nationally competitive postdoctoral research associates program, and computer and business systems support.

National Research Facilities.--These include the NIST Center for Neutron Research (NCNR) and the Center for Nanoscale Science and Technology (CNST). As the Nation's premier neutron research user facility, the NCNR provides an intense source of neutrons used to probe the molecular and atomic structure and dynamics of a wide range of materials. The CNST leverages the unique capabilities of the NIST Advanced Measurement Laboratory complex, providing state-of-the-art facilities for nanomanufacturing and nanometrology where researchers from industry, universities and other Federal laboratories can collaborate in solving critical measurement and fabrication issues necessary to convert nano-discoveries into products.

Baldridge National Quality Program.--This program promotes U.S. competitiveness in business, health care, education, and non-profit organizations through performance excellence criteria and other information transfer, and management of the Malcolm Baldridge National Quality Award. The Committee recommendation includes $500,517,000 for NIST's scientific and technical core programs, which is $66,146,000 above fiscal year 2007 and the same as the request.

 

Manufacturing Extension Partnership Programs

The Manufacturing Extension Partnerships (MED) program consists of a network of centers that provide business support and technical assistance services, and helps improve the productivity and competitiveness of small manufacturers. The centers are funded from matching Federal and State or local resources and fees charged for services.

The Advanced Technology Program (ATP) program is a competitive, cost-shared program that helps U.S. companies develop break-through technologies. The Committee recommendation includes $201,819,000 which is $155,487,000 above the request and $18,000,000 above fiscal year 2007. Of this amount, $93,062,000 is provided for the Advanced Technology Program (ATP) and $108,757,000 is provided for the Hollings Manufacturing Extension Partnerships (MEP) Program.

 

NOAA

The National Oceanic and Atmospheric Administration's (NOAA) mission is to understand and predict changes in the Earth's environment and conserve and manage coastal and marine resources to meet our Nation's economic, social, and environmental needs. NOAA supplies information on the oceans and atmosphere, provides stewardship of our coastal and marine environment, and leads scientific research in such fields as ecosystems, climate, global climate change, weather, and water. The Committee recommendation includes a total of $3,950,479,000 in discretionary appropriations for the National Oceanic and Atmospheric Administration (NOAA), which is $140,895,000 above the request and an increase of $56,972,000 above fiscal year 2007, not including supplemental amounts.

The Committee recommendation includes a total program level of $2,941,556,000 under this account for the coastal, fisheries, marine, weather, satellite and other programs of the National Oceanic and Atmospheric Administration. This total funding level includes $2,847,556,000 in direct appropriations, a transfer of $77,000,000 from balances in the `Promote and Develop Fishery Products and Research Pertaining to American Fisheries' account, a transfer of $3,000,000 from the Coastal Zone Management Fund, and $11,000,000 in deobligated balances from prior year obligations. The direct appropriation of $27,565,560,000 is $93,131,000 above the request and $110,281,000 above the fiscal year 2007 level, not including supplemental amounts.

National Ocean Service (NOS).--The Committee recommendation includes $448,950,000 for NOS operations, research and facilities, which is $12,161,000 above the request and a decrease of $10,253,000 below the current year

National Marine Fisheries Service (NMFS).--The recommendation provides $702,446,000 for NMFS operations, which is $2,133,000 below the request and $18,985,000 above fiscal year 2007

Oceanic and Atmospheric Research (OAR)- The recommendation includes $410,018,000 for operations, research and facilities, which is $51,641,000 above the request and $46,480,000 above fiscal year 2007. Within Climate Research, an additional $3,000,000 is provided for additional research supercomputing to support the assessment of abrupt climate change, $20,000,000 is provided for competitive research grants, $6,500,000 is provided to sustain the Argo float program, $6,500,000 is for upgrading the Tropical Atmospheric Ocean array, and $1,300,000 is provided for the U.S. Global Climate Observing System.

Climate Change Science Program- The Committee is concerned about the leadership of the U.S. Climate Change Science Program (CCSP). The Assistant Secretary of Commerce for Oceans and Atmosphere serves as the Director of the CCSP, but for the past year this position has remained vacant as the Administration has not yet nominated a replacement. the Directorship must be filled to ensure that the proper oversight and coordination occurs amongst the thirteen federal agencies. The Committee urges the Administration to nominate an Assistant Secretary of Commerce for Oceans and Atmosphere so that the Nation's efforts in understanding global climate change do not suffer.

National Windstorm Impact Reduction Act- In accordance with the budget request, the Committee recommendation provides $11,300,000 for the National Windstorm Impact Reduction Act, of which $1,200,000 is funded in NIST, $700,000 in NOAA/OAR, and $9,400,000 in the National Science Foundation.

National Academy of Sciences' Climate Change Study Committee- The Committee remains concerned about the affect global climate change is having on our Nation. Within this appropriation, the Committee has provided $6,000,000 for an agreement between the Administrator of NOAA and the National Academy of Sciences (NAS) to establish the Climate Change Study Committee to study and investigate the serious and sweeping issues relating to global climate change and to make recommendations regarding what steps must be taken, and what strategies must be adopted, in response to global climate change. The NAS is to issue a report not later than two years following the first meeting of the Climate Change Study Committee. Of the amounts provided, $1,000,000 is to be used for a Global Climate Change Summit, not to exceed three days, of experts, selected by the NAS, to define the parameters of this study, and $5,000,000 is to be used by the NAS for activities related to the global climate change study.

National Weather Service (NWS)- The recommendation provides $811,498,000 for National Weather Service operations, research and facilities. The recommendation is $3,691,000 above the request level, and $36,535,000 above fiscal year 2007.

National Environmental Satellite, Data and Information Service (NESDIS)- The recommendation provides $157,802,000 for NESDIS operations, research and facilities. The recommendation for Data Centers and Information Services includes funding for environmental data archiving, access and assessment activities. Program Support- The recommendation provides $407,842,000 for Program Support, including $195,628,000 for corporate services, $18,954,000 for facilities, and $155,569,000 for marine and aviation operations. The recommendation also includes $37,691,000 for education programs, which is $18,330,000 above the requested level. The additional funds should be directed towards climate change educational and outreach efforts.

The Committee also provides $5,000,000 for competitive educational grants.

capital acquisition, construction, and fleet and aircraft replacement projects that support NOAA's operational mission across all line offices

The Committee recommendation includes $103,098,000 for the Procurement, Acquisition and Construction account, which is $59,205,000 above the request and $47,020,000 below the fiscal year 2007 level not including supplemental amounts. National Environmental Satellite, Data and Information Service (NESDIS)- The recommendation includes $843,506,000 for NESDIS acquisition and construction, which is $23,000,000 above the requested level.

 

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Pacific Coastal Salmon Recovery

This account funds State, Tribal and local conservation initiatives to help recover Pacific salmon populations. State and local recipients of this funding will provide matching contributions of at least thirty-three percent of Federal funds. In addition, funds will be available to Tribes that do not require matching dollars.

The Committee recommendation includes $64,825,000 for Pacific Coastal Salmon Recovery, which is $2,000,000 below the request and $1,813,000 below fiscal year 2007.

The Committee recommendation includes language transferring not to exceed $3,000,000 from the Coastal Zone Management Fund to the `Operations, Research, and Facilities Account.'

This fund was established by the Coastal Zone Act Reauthorization Amendments of 1990 (CZARA). The fund consists of loan repayments from the former Coastal Energy Impact Program. The proceeds are to be used to offset the Operations, Research, and Facilities account for the costs of implementing the Coastal Zone Management Act of 1972, as amended.

Fisheries finance program This account covers the subsidy costs of guaranteed loans (pre-1997) and direct loans (post-1996) obligated or committed subsequent to October 1, 1991, as authorized by the Merchant Marine Act of 1936 as amended.

The recommendation includes language under this heading limiting obligations of direct loans to $8,000,000 for Individual Fishing Quota loans.

 

The Committee recommendation includes $58,693,000 for Departmental Management, which is the same as the budget request and $11,572,000 above fiscal year 2007.

 

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National Intellectual Property Law Enforcement Coordination Council

The National Intellectual Property Law Enforcement Coordination Council was established to develop a strategy, coordinate interagency efforts, and promote policies, objectives, and priorities for international intellectual property protection and law enforcement. The Committee recommendation includes $1,000,000 for the National Intellectual Property Law Enforcement Coordination Council, which is $1,000,000 above fiscal year 2007 and the same as the request.

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TITLE II---DEPARTMENT OF JUSTICE

The Committee recommendation includes a total of $23,929,230,000 for the Department of Justice (DOJ) for fiscal year 2008, which is $1,074,798,000 above fiscal year 2007 and $1,676,907,000 above the request.

General Administration

Requested Resignations of US Attorneys

Warrantless Wiretaps

Truth in Budgeting

Gangs

Justice Information Sharing Technology

Tactical Law Enforcement Wireless Communications

Detention Trustee

US Parole Commission

General Legal Activities

The National Childhood Vaccine Injury Act

Anti Trust Division

US Trustee System Fund

US Marshal’s Service

Assets Forfeiture Fund

National Security Division

Interagency Law Enforcement

FBI

National Security Letters

Drug Enforcement Administration

Bureau of Alcohol. Tobacco, Firearms and Explosives

Federal Prison System

Office of Violence Against Women

State and Local Law Enforcement

Community Oriented Policing Services

Juvenile Justice

General Provisions

 

General Administration

General Administration (GA) supports the Attorney General and DOJ senior policy level officials in managing Department resources and developing policies for legal, law enforcement, and criminal justice activities. GA also provides administrative support services to the legal divisions and policy guidance to all Department organizations. GA's mission supports every aspect of the DOJ strategic plan. Most GA offices have significant oversight responsibilities that shape DOJ policy and influence the way the Department works toward meeting each of its strategic goals. As the result of restructuring in fiscal year 2007, General Administration consists of three decision units: Department Leadership, Executive Support/Professional Responsibility, and Justice Management Division. The Office of the Attorney General is funded through the Department Leadership decision unit. The Committee recommendation includes $104,777,000 for General Administration, the same as the request and $6,945,000 above the amounts provided in fiscal year 2007. The recommendation retains bill language proposed for deletion regarding the position, workyear, and funding limits for the Offices of Public Affairs and Legislative Affairs and Departmental Leadership. The recommendation also fully funds the Office of Privacy and Civil Liberties.

 

Requested Resignations of United States Attorneys.--The Committee expresses its serious concerns with the activities of the Office of the Attorney General with regard to requests for resignations of U.S. Attorneys. The Administration's requests for the resignations of U.S. Attorneys absent misconduct or other significant cause is unprecedented. The allegations that the Administration has allowed partisan politics to corrupt the termination, selection, and retention of U.S. Attorneys is unacceptable.

Warrantless Wiretaps.--The Administration's lack of disclosure about its warrantless surveillance program and its new domestic wiretapping program is of particular concern to the Committee. Under the Foreign Intelligence Surveillance Act (FISA), Federal agents are required to get court approval in order to monitor the communications of any person in the United States. FISA provides that no one may engage in electronic surveillance `except as authorized by statute,' and it specifies civil and criminal penalties for electronic surveillance undertaken without statutory authority. However, the Administration had in place until recently a program which did monitor persons in the United States absent court approval.

On January 17, 2007, the Attorney General informed House and Senate Members that any domestic electronic surveillance that was occurring as part of the Administration's Terrorist Surveillance Program will now be conducted subject to approval of the Foreign Intelligence Surveillance Court and pursuant to the requirements of the FISA. The Committee understands that domestic intercepts have always required such authorization. The Committee is interested in how the Administration's new program differs from the National Security Agency warrantless Terrorist Surveillance Program in place prior to January 17, 2007.

Truth in Budgeting.--The Committee is disappointed in the composition of the DOJ budget that used as a base the average of the House and Senate recommendations for fiscal year 2007 less one percent. This arbitrarily low level resulted in a shortfall in the President's request for DOJ of more than $488 million when the current service needs and program increases are added to the actual fiscal year 2007 enacted base. The Committee expected that the Administration would recalculate the DOJ's budget needs for fiscal year 2008 based on the actual 2007 base. The effect of the Administration's 2007 base gimmick is that many of the DOJ agencies fiscal year 2008 budget requests are not sufficient to fully fund the current service adjustments to base and program increases requested. For the FBI's salaries and expenses account the result is a deficit of $139,170,000. If funded at the President's request level, the FBI would be required to address this shortfall through imposition of a limited hiring freeze, imposition of across-the-board reductions to operational support programs, and deferment of program enhancements. The Committee views this attempt to artificially deflate the DOJ's budget as counterproductive and has adjusted funding in essential programs to make up for the gap created by this gimmick. The Committee is aware that even after these adjustments there may still be current service shortfalls in a number of key agencies, including the Bureau of Alcohol, Tobacco, Firearms and Explosives, the National Security Division, the Criminal Division, the Civil Rights Division, U.S. Attorneys, and Interagency Crime and Drug Enforcement. The Committee urges the Department to promptly submit a budget amendment for fiscal year 2008 that more accurately reflects base requirements.

Gangs.--The Committee remains extremely concerned about the threats posed by the growth of violent street gangs. The Committee directs the Attorney General to submit a report on the growth of violent gangs in suburban areas that may not have the resources to fight gangs that large cities do. The report should address specific gangs, drug trafficking organizations, the regions in which they operate, and the federal resources allocated to containing these gangs. The report shall be submitted no later than April 1, 2008.

 

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Justice Information Sharing Technology

The Justice Information Sharing Technology (JIST) fund was established in fiscal year 2006 to provide for corporate investments in information technology (IT). As a centralized fund under the control of the DOJ Chief Information Officer, it ensures that investments in information sharing technology and infrastructure enhancements are well planned and aligned with the DOJ's overall IT strategy and enterprise architecture. The Committee recommendation includes $100,500,000 for JIST within General Administration, the same as the request and $23,059,000 below the amounts provided in fiscal year 2007. Within the funds provided, at least $21,000,000 will support the unified financial management system (UFMS). The UFMS will allow the DOJ to streamline and standardize business processes and procedures across all components, providing secure, accurate, timely, and useful financial and procurement data to program managers across

Department IT Investment Review Board (DIRB).--The Committee continues language under section 210 requiring the Deputy Attorney General and DIRB to certify to the Committees on Appropriations that appropriate program management and contractor oversight mechanisms are in place, and that each program is compatible with the Department's enterprise architecture before funds are expended.

Tactical Law Enforcement Wireless Communications

The mission of Tactical Law Enforcement Wireless Communications is to provide secure, interoperable and reliable wireless communication services required by the Department of Justice law enforcement components (Bureau of Alcohol, Tobacco, Firearms and Explosives, Drug Enforcement Agency, Federal Bureau of Investigation, Federal Bureau of Prisons, Office of Inspector General, and the United States Marshals Service) and all Federal Agents and Officers engaged in the conduct of law enforcement, protective services, homeland defense, and disaster response missions. The Committee recommendation includes $81,353,000 for Tactical Law Enforcement Wireless Communications account within General Administration, the same as the request and $7,845,000 below the amounts provided in fiscal year 2007.

Administrative Review and Appeals supports the Executive Office of Immigration Review and the Office of the Pardon Attorney.

The mission of the Executive Office of Immigration Review (EOIR) is to provide the timely and uniform interpretation and application of immigration law, ensuring due process and fair treatment for all parties involved. EOIR includes the Board of Immigration Appeals, Immigration Judges, and Administrative Law Judges who decide through administrative hearings on the admission or exclusion of aliens seeking to enter the country, and the transportation and adjustment of status of aliens whose status has been challenged.

The Office of the Pardon Attorney (OPA) receives and reviews all petitions for executive clemency, conducts the necessary investigations and prepares recommendations to the President for action. The Committee recommendation includes $251,499,000 for Administrative Review and Appeals, the same as the request and $22,357,000 above fiscal year 2007, including $4,000,000 in fees collected by the Department of Homeland Security (DHS) and transferred to EOIR.

Detention Trustee

The Detention Trustee leads the development of DOJ detention policy and manages Federal detention resources with the goal to maximize available detention space and contain costs associated with the detention of criminal defendants and aliens awaiting adjudication and/or removal from the United States. The Committee recommendation includes $1,260,872,000 for the Detention Trustee, which is $35,056,000 above the level provided in fiscal year 2007 and $33,354,000 below the request.

The Office of Inspector General (OIG) conducts independent investigations, audits, inspections, and special reviews of DOJ personnel and programs to detect and deter waste, fraud, abuse, and misconduct, and to promote integrity, economy, efficiency, and effectiveness in Department of Justice operations. The Committee recommendation includes $74,708,000 for the OIG, which is $4,105,000 above fiscal year 2007 and $1,500,000 above the request.

 

The United States Parole Commission is an independent body within DOJ that makes decisions regarding requests for parole of Federal offenders who committed an offense before November 1, 1987, and District of Columbia Code offenders who committed an offense before August 5, 2005. In addition, the Commission has jurisdiction over the conditions of supervision of District of Columbia Code offenders who committed an offense after August 5, 2005, and certain other offenders. The Committee recommendation includes $12,194,000 for the United States Parole Commission, which is $685,000 above fiscal year 2007 and equal to the request.

 

General Legal Activities

This appropriation supports the establishment of litigation policy, conduct of litigation, and other legal responsibilities. The Committee recommendation includes a total of $750,584,000 for General Legal Activities, which is $73,430,000 above fiscal year 2007 and equal to the request. Justice rooted in law, not in politics or favor, is one of the founding principles of our Nation. The Committee is deeply troubled over the Administration's political interference in the work of the Justice Department, the most egregious example of which was the unprecedented firing of eight U.S. Attorneys without just cause in December, 2006.

Unfortunately, it is becoming clear that the Administration has engaged in far more widespread political tampering with Justice Department litigation cases, policy and personnel matters, including allegations of improper handling of voting rights cases and employment discrimination in the Civil Rights Division. The recent sworn testimony before Congress of a former advisor to Attorney General Gonzales sheds a harsh light on the depth of this problem.

Military Extraterritorial Jurisdiction Act (MEJA).--The Committee is aware that the Department has not prosecuted any cases of civilian misconduct under MEJA, despite numerous allegations of criminal misconduct by civilian contractors in Iraq and Afghanistan. The Department is directed to submit a report to the Committee on Appropriations within 30 days of enactment of this Act on its policy for prosecuting crimes under MEJA.

Civil Rights Division.--The Committee recommendation fully funds the Administration request for the Civil Rights Division's efforts to combat human trafficking, including an increase of $1,713,000 and 13 additional positions. The Committee directs the Department to continue to provide annual reports on its progress in addressing the scourge of human trafficking.

Civil Division.--The Committee recommendation includes a program increase of $14,124,000 and 163 positions to address the sharp rise in immigration cases due to enforcement actions of the Department of Homeland Security. The recommendation also includes $3,263,000 and 29 positions, as requested, for Guantanamo Bay detainee litigation.

Environment and Natural Resources Division.--The Committee recommendation includes the Administration's requested increase of $3,951,000 and 17 positions for tribal trust litigation.

INTERPOL-U.S. National Central Bureau (USNCB).--The Committee recommendation includes two programmatic increases for INTERPOL-USNCB: an additional $514,000 to improve Federal, State and local law enforcement authorities' access to INTERPOL international criminal information databases; and an increase of $69,000 and one position to strengthen enforcement against transnational violent gangs, including MS-13.

The National Childhood Vaccine Injury Act

The Vaccine Injury Compensation Trust Fund covers the Department of Justice's expenses associated with litigating cases under the National Childhood Vaccine Injury Act of 1986. The Committee recommendation includes $6,833,000 for the Vaccine Injury Compensation Trust Fund, the same as the request and $581,000 above in fiscal year 2007.

Anti Trust Division

The Antitrust Division acts on antitrust cases before the Supreme Court, represents the interests of the United States in cases brought under Federal antitrust laws, reviews decisions of regulatory commissions, and prepares and files amicus briefs. Appropriations for both the Division and the Federal Trade Commission are offset by Hart-Scott-Rodino Act pre-merger filing fee collections. The Committee recommendation includes $155,097,000 in budget authority for the Antitrust Division, $7,278,000 above fiscal year 2007 and equal to the request.

This appropriation supports the Executive Office of U.S. Attorneys and the 94 U.S. Attorney Offices, which serve as the principal litigators for the U.S. Government for criminal, civil, and debt collection matters. The Committee recommendation includes $1,747,822,000 for U.S. Attorneys, which is $92,936,000 above fiscal year 2007 and equal to the request.

Adam Walsh Act implementation.--The Committee recommendation includes $9,494,000 and 93 additional positions for Project Safe Childhood, an initiative to strengthen prosecutions of child exploitation cases, as authorized by the Adam Walsh Child Protection and Safety Act of 2006

Combating violent gangs and human trafficking.--In addition to inflationary and other base funding adjustments, the recommendation also includes the following program increases: $4,079,000 and 38 additional positions to combat violent gangs; and $7,400,000 and 72 additional positions to address the growing number of illegal immigration cases, particularly involving human traffickers.

 

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US Trustee System Fund

The mission of the United States Trustee System is to promote integrity and efficiency in the Nation's bankruptcy system by enforcing bankruptcy laws, and providing oversight of private trustees. The Committee recommendation includes $189,000,000 for the United States Trustee System Fund, to be entirely funded from offsetting collections.

 

The Foreign Claims Settlement Commission's mission is to protect the property rights of U.S. citizens abroad and promote the international rule of law through adjudication of claims by United States citizens against foreign governments. The Committee recommendation includes $1,709,000 for the Foreign Claims Settlement Commission, the same as the 2008 request and $148,000 above the amounts provided in fiscal year 2007.

 

US Marshal’s Service

Established in 1789, the United States Marshals Service (USMS) is the enforcement arm of the Federal courts. USMS is responsible to provide physical security to Federal judges and U.S. courthouses, to protect witnesses, jurors and members of the public, to safely and humanely transport and detain Federal prisoners, and to apprehend violent fugitives. The USMS has 94 district offices, corresponding with the 93 judicial districts and the D.C. Superior Court. The Committee recommendation includes $883,766,000 for the United States Marshals Service, Salaries and Expenses. The recommendation is $71,696,000 above fiscal year 2007 and $16,109,000 below the request.

The Committee recommendation includes $2,451,000 for the U.S. Marshals' Construction account. This funding level is equal to the request within the U.S. Marshals' Salaries and Expenses account for construction in fiscal year 2008, and is $4,395,000 below fiscal year 2007.

This appropriation, which is considered mandatory for scorekeeping purposes, provides for fees and expenses of witnesses who appear on behalf of the Government in cases in which the United States is a party, including fact and expert witnesses, mental competency examinations, and witness and informant protection. The Committee recommendation includes $168,300,000 for the Fees and Expenses of Witnesses account, including expenses of foreign counsel, as requested. The Committee also recommends bill language, as requested, which allows that: not to exceed $3,000,000 is for the purchase and maintenance of armored vehicles for witness security caravans; not to exceed $9,000,000 is for installation, operation, and upgrade of a secure automated network and secure telecommunications equipment; and not to exceed $10,000,000 is for construction of protected witness safe sites.

 

 

 

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Assets Forfeiture Fund

The Assets Forfeiture Fund provides funds for additional investigative expenses of the Federal Bureau of Investigation, Drug Enforcement Administration, Bureau of Alcohol, Tobacco, Firearms and Explosives, and the United States Marshals Service, such as purchase of evidence and investigative expenses leading to seizure. Funds for these activities are provided from receipts in the Assets Forfeiture Fund resulting from the forfeiture of assets. Expenses related to the management and disposal of assets are also provided from receipts in the Assets Forfeiture Fund by a permanent indefinite appropriation. The Committee recommendation includes $20,990,000 for the Assets Forfeiture Fund, which is $221,000 below fiscal year 2007 and equal to the request.

 

National Security Division

The mission of the National Security Division is to coordinate the Department's efforts in carrying out its core mission of combating terrorism and protecting national security. The Committee recommendation includes $78,056,000 for the National Security Division, the same as the request and $11,086,000 above fiscal year 2007. The Committee expects that consistent with the letter of January 17, 2007 of the Attorney General, approval for all wiretaps will be sought from the Foreign Intelligence Surveillance Court (FISA), as required by law.

 

Interagency Law Enforcement

The Interagency Crime and Drug Enforcement (ICDE) account seeks to `break' the drug market by making it more costly and less profitable, and aims to `reduce the threat, trafficking, use and related violence of illegal drugs.' The multi-agency enforcement program of the Organized Crime Drug Enforcement Task Forces (OCDETF) focuses participants squarely on the mission of attacking high-level organizations through coordinated, nationwide investigations. The Committee recommendation includes $509,154,000 for Interagency Crime and Drug Enforcement Account, the same as the request and $11,219,000 above fiscal year 2007.

The recommendation for the ICDE account totals 3,576 positions and 3,522 FTE.

In fiscal year 2008, the ICDE account will continue to encompass the multi-agency enforcement program of the Organized Crime Drug Enforcement Task Forces.

 

 

 

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FBI

The mission of the Federal Bureau of Investigation (FBI) is to protect and defend the United States against terrorism and foreign intelligence threats, to uphold and enforce the criminal laws of the United States, and to provide leadership and criminal justice services to federal, state, municipal, and international agencies and partners. The Committee recommendation includes $6,498,111,000 for the Federal Bureau of Investigation (FBI), $148,161,000 above the request and $508,930,000 above fiscal year 2007.

Program Changes.--The Committee recommendation provides the following program changes:

1. National Security Field Investigations--245 positions (150 agents and 95 support personnel) and $40,327,000 to increase the level of field resources dedicated to national security investigations.

2. Surveillance--50 positions (all support) and $11,997,000 to provide additional resources for the FBI to conduct surveillances in support of priority national security investigations.

3. National Security Branch Analytical Capabilities (NSAC)--36 positions (5 agents, 10 IAs, and 21 support) and $11,969,000 for the National Security Branch Analysis Center to fulfill the Foreign Terrorist Tracking Task Force (FTTTF) mission objectives outlined under Homeland Security Presidential Directive-2 (HSPD-2) and to support the FBI's National Security Branch (NSB) components, including the Counterintelligence and Counterterrorism Divisions and the Weapons of Mass Destruction (WMD) and Intelligence Directorates, in the detection, identification, and tracking of individuals or entities that pose threats to the United States and its interests through the use of advanced analytical techniques, technologies, and data resources.

4. Computer Intrusions--31 positions (25 agents and 6 support personnel) and $5,561,000 to support the Computer Intrusion Program (CIP), which is responsible for criminal, CT, and CI computer intrusion-related investigations where the Internet, computers, or networks are the primary tools or targets of the activity.

5. Crimes Against Children (CAC)/Innocent Images National Initiative (IINI)--14 positions (all support) and $2,356,000 to provide a coordinated investigative, operational, and intelligence effort to combat crimes against children (CAC) and to address child abductions, predators who sexually assault children, and child prostitution.

6. Computer Analysis Response Teams (CART)--$22,840,000 to address the challenge of collecting, examining, reviewing, and/or analyzing the ever-increasing amount of digital evidence obtained in intelligence and criminal investigations, such as terrorism and espionage, violent crimes, the trafficking of illegal drugs, crimes against children, bias motivated crimes and racial discrimination, corporate crime, cyber crime, and tax and identity fraud.

7. Regional Computer Forensics Laboratory (RCFL)--$6,000,000 to establish an additional RCFL to combine and leverage scarce technical resources and capabilities to combat terrorism, foreign counterintelligence operations, cyber crime, white collar crime, and other major criminal activity by a unique partnership that promotes quality computer forensics and strengthens the computer forensic capacity of all levels of government.

8. Weapons of Mass Destruction (WMD) Directorate--146 positions (29 agents, 48 IAs, and 69 support personnel) and $18,984,000 to develop the essential baseline capabilities to build a dedicated WMD program, designed to prevent, prepare for, and respond to the threat of WMD.

9. Headquarters (HQ) Infrastructure--$7,500,000 to address the shortfall of space at the FBIHQ facility by acquiring and building out an FBIHQ Annex in the Washington, D.C. area.

10. Data Intercept & Access Program--41 positions (6 agents and 35 support) and $37,795,000 to provide the technical expertise, training, and necessary equipment to execute lawfully authorized electronic surveillance of data network communications facilities under Title 50 U.S.C. 1801 (FISA) and Title 18 U.S.C. 2511 (Wiretap).

11. Communication Exploitation--18 positions (7 IAs and 11 support personnel) and $7,809,000 to enhance the FBI's ability to exploit terrorist communications by leveraging technical and analytical capabilities.

12. Operational Enterprise Services--$10,000,000 to provide operations and maintenance support to the FBI's information technology infrastructure.

13. Human Source Validation and Delta Enhancement--75 positions (56 IAs and 19 support personnel) and $12,729,000 to measure the accuracy, credibility, and reliability of information supplied by a human source and to reach a conclusion to continue, or discontinue, that source in the future.

14. DNA Upgrade--$14,644,000 to comply with the DNA Backlog Identification Act of 2000, the USA PATRIOT Act of 2001, the Justice for All Act of 2004, and the DNA Fingerprint Act of 2005.

15. Combined DNA Index System (CODIS)--$7,000,000 to upgrade CODIS software in order to avoid obsolescence problems.

16. Human Intelligence (HUMINT) Management--10 positions (6 agents and 4 support) and $9,525,000 to improve the FBI's HUMINT training capability through the delivery of the HUMINT Source Targeting and Development Course (HSTDC).

17. Digital Collection System (DCS) 5000--14 positions (all support) and $10,297,000 ($3,262,000 personnel and $7,035,000 to enhance the FBI's capacity to accomplish its audio and data collection in the furtherance of its foreign counterintelligence (FCI) and counterterrorism (CT) responsibilities.)

18. Tactical Operations Support Center (TOSC)--13 positions (6 agents and 7 support personnel) and $4,956,000 to address the increasing demand for the use of the covert entry/search technique in support of the FBI's intelligence/evidence collection requirements.

19. Prevention of IT Obsolescence--$5,000,000 (all non-personnel) to provide for the technical refreshment of the FBI's information technology infrastructure to prevent obsolescence.

20. Render Safe Mission (RSM)--9 positions (3 agents and 6 support personnel) and $11,047,000 to address the White House directive giving the FBI the mission to respond to devices involving Weapons of Mass Destruction (WMD) within the United States and its territories. The Committee also provided funds above the President's request in the 2007 Supplemental bill for this purpose. The Committee is concerned that the Administration has not requested sufficient funds for the FBI's responsibilities under the Render Safe Mission and expects that appropriate resources will be recurred and requested in the Administration's 2009 budget request.

21. Terrorist Screening Center (TSC)--14 positions (1 agent and 13 support personnel) and $1,342,000.

22. Central Records Complex (CRC)--$4,000,000 for costs to the General Services Administration (GSA) required for the permanent CRC facility.

23 and 24. CIO Management--$6,429,000 for consulting services required by the Office of Information Technology Program Management (OIPM); and $1,071,000 for investment management and project assurance operations of the Office of IT Policy and Planning's programs.

25. IDENT/IAFIS Interoperability--$10,000,000 to support the development of interoperability, to be derived from fees.

26. Next Generation Identification (NGI)--$25,000,000 to address increasing sophistication of fingerprint search algorithms, overall storage capacity, and peripheral systems by improving IAFIS speed and accuracy, by enhancing the criminal history record information (CHRI) database, and by enhancing latent palm print capabilities, to be derived from fees.

27. Regional Data Exchange (R-DEx)--$5,000,000 to support the development of additional functionality identified as part of the R-DEx requirement, to be derived from fees.

28. Open Source Program Staffing--3 support positions and $375,000 to staff the Open Source Program. These positions would be used to define the FBI's open source.

29. National Virtual Translation Center (NVTC)--3 support positions and $3,450,000 to provide resources to fund priority language technology initiatives at the NVTC, support NVTC program office management, and support the Intelligence Community Linguistic Exploitation Program.

 

 

 

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National Security Letters

The Committee is very concerned with the March 2007 Office of Inspector General (OIG) report that identified numerous FBI abuses and misuses of National Security Letter (NSL) authority. It shows that FBI reported to Congress false information on the numbers of NSLs. However, what is even more alarming to the Committee is the report that the FBI's own lawyers counseled against the illegal use of emergency letters requesting telephone and internet information, and still the practice continued for two years. The Committee includes a general provision prohibiting the use of funds to authorize a national security letter in contravention of the statutes authorizing the FBI to issue national security letters.

The OIG audit found that the FBI circumvented the NSL authority completely by using `exigent letters' to obtain information, with the promise that the agent had already requested a grand jury subpoena or an NSL. In 700 exigent letters requesting information on 3,000 phone numbers, the required and referred to subpoena or NSL was never sent. The companies receiving the `exigent letters' were asked to turn over sensitive customer information based on the presumption that the subpoena would follow. In fact no emergency existed, and no grand jury subpoenas or NSLs had been requested before the documents were obtained. The FBI Office of General Counsel (OGC) was aware of the illegal contracts with the phone companies that were requested to provide the information because, as with all FBI contracts, OGC attorneys were involved in reviewing and approving them. The OIG's review of the General Counsel email found that for two years attorneys counseled `officials to take a variety of actions, including discontinued use of exigent letters except in true emergencies' and myriad other options, none of which were taken. The Committee is not only concerned that this practice continued for two years despite counsel's recommendation to cease, but also that Congress only found out about the situation upon public release of the OIG report when the FBI's General Counsel has been briefing Special Agents in Charge on reversing practices for two months prior. The OIG `did not find any indication that FBI's misuses of NSL authorities constituted criminal misconduct; however, the OIG found that the FBI used NSLs in violation of applicable NSL statutes.' The Committee finds little comfort in the OIG's assurance that the FBI's actions did not constitute criminal misconduct. Therefore, the Committee directs the FBI to report within two months after enactment of this Act on what has been done to implement the OIG's recommendations, and what is being done to ensure that in the future when mistakes are caught through the processes in place as these mistakes were caught by FBI counsel, that something will be done and that Congress will be notified, before two years of illegal use of authorities continues.

SENTINEL.--The Committee recommendation includes $80,000,000, as requested, for SENTINEL, the FBI's new case management system. The Committee understands that the request would not have been sufficient to cover these costs absent the Committee's recommendation to provide increased funds to cover the Administration's requested shortfall. The Committee understands that the SENTINEL contract includes a set-aside of $8.3 million in appropriated funds for a `risk reserve.' Considering that the cost of the Trilogy project started at $379.8 million, but grew to $581.1 million, the Committee is circumspect about the need to tap into this risk reserve. The Committee expects the FBI to inform the Committee prior to the allocation of funds from the risk reserve. The Committee also expects that it will continue to be regularly briefed on SENTINEL

Intellectual Property Rights Enforcement.--Within the level of funds in the base budget for Intellectual Property, the FBI is directed to increase the number of agents dedicated to intellectual property investigations assigned to each of the Department's Computer Hacking and Intellectual Property Rights units in the field, and increase the number of agents dedicated to intellectual property investigations assigned to headquarters to support the Criminal Division's Computer Crime and Intellectual Property section and the National Intellectual Property Rights Coordination Center.

Innocent Images.--The Innocent Images National Initiative is an intelligence-driven, proactive, multi-agency investigative operation to combat the proliferation of child pornography and child sexual exploitation facilitated by an online computer. The program provides centralized coordination and analysis of case information that by its very nature, is national and international in scope, requiring unprecedented coordination with State, local, and international governments, and among FBI field offices and Legal Attaches. The Committee encourages the FBI to provide increased resources to child pornography crimes.

NGI-IAFIS and IDENT/IAFIS Interoperability.--The Committee supports the FBI's efforts to improve the speed and accuracy of IAFIS, expand the data available in the system, and improve its latent print capabilities. The Committee also supports the FBI's efforts to make the FBI's IAFIS system and the Department of Homeland Security's IDENT system fully interoperable. The recommendation provides a $47,000,000 increase

Anti Car Theft.--The Anti Car Theft Act of 1992 (Public Law 102-519) created the National Motor Vehicle Title Information System (NMVTIS). NMVTIS allows state titling agencies to verify the validity of ownership documents before they issue new titles. NMVTIS is an effective tool to prevent fraudulent use of title documents and investigate vehicle thefts. According to the latest data from Federal and international law enforcement agencies, auto theft is becoming an increasingly prevalent means of financing terrorist activity. The Committee directs the Department of Justice and the Federal Bureau of Investigation to comply with this provision of the Act and immediately draft rules for the reporting of junk and salvage vehicles by insurance carriers and salvage and junkyard operators and State Department of Motor Vehicles (DMVs) information by State DMVs into the National Motor Vehicle Title Information System.

 

 

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Drug Enforcement Administration

The Drug Enforcement Agency's (DEA) mission is to enforce the controlled substances laws and regulations of the United States and bring to the criminal and civil justice system of the United States, or any other competent jurisdiction, those organizations and principal members of organizations involved in the growing, manufacturing, or distribution of controlled substances appearing in or destined for illicit traffic in the United States; and to support non-enforcement programs aimed at reducing the availability of illicit controlled substances on the domestic and international markets.

The Committee recommendation includes $2,081,818,000 for the DEA, $40,000,000 above request and $124,851,000 above fiscal year 2007.

The recommendation includes the following program increases:

1. Southwest Border and Methamphetamine Enforcement--8 positions, 4 FTE, and $21,299,000 (non-personnel funding) to attack poly-drug trafficking organizations located along the Southwest Border by increasing DEA's intelligence gathering, detection, monitoring, and surveillance capabilities.

2. Counterterrorism and Intelligence Sharing--7 positions (including 1 Special Agent), 4 FTE, and $7,124,000 to improve information sharing with the Intelligence Community (IC) and other law enforcement agencies to enhance our Nation's efforts in reducing the supply of drugs, protecting our national security, and combating global terrorism; establish base-funding for DEA's Operation Breakthrough; and support the Department of Justice's new National Gang Targeting, Enforcement, and Coordination Center (GangTECC).

3. Online Investigations--$3,020,000 to support Internet investigations, Internet intercept capabilities, undercover Internet workstations, and computer forensics support.

The Committee is aware of concerns that anti-drug task forces may have engaged in activities that amount to racial or ethnic profiling. The Committee urges the agency to ensure that no Federal funding is used in such a manner as to unfairly target racial minorities. The Committee directs the Department of Justice to immediately examine its policies ensuring that individuals are not unjustly targeted due to their race, national origin, or limited English proficiency during drug law enforcement initiatives and prosecutions; to examine the implementation of such policies; and to report back in 90 days from enactment of this Act about its efforts to remedy this problem as soon as possible.

Methamphetamine- The Committee understands that 80 percent of all methamphetamine consumed in the United States is produced in laboratories located in Mexico or California, which is then distributed across the country using existing drug trafficking routes. To address this problem, the Committee includes $21,299,000 for Southwest Border and Methamphetamine Enforcement. Small domestic amateur labs, in home kitchens, motel rooms, or other similar spaces, produce methamphetamine within the United States.

 

Bureau of Alcohol. Tobacco, Firearms and Explosives

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is a principal law enforcement agency within the Department of Justice (DOJ) dedicated to preventing terrorism, reducing violent crime, and protecting our Nation. The men and women of ATF perform the dual responsibilities of enforcing Federal criminal laws and regulating the firearms and explosives industries. The combined efforts of special agents and industry operations investigators allow ATF to effectively identify, investigate, and recommend for prosecution violators of the Federal firearms and explosives laws; additionally, this teamwork enables ATF to ensure that licensees are operating within established laws and regulations. The Committee recommendation includes $1,013,980,000 for the ATF, the same as the request and $29,883,000 above fiscal year 2007.

 

 

 

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Federal Prison System

The Bureau of Prisons (BOP) is responsible to protect society by confining offenders in the controlled environments of prisons and community-based facilities that are safe, humane, cost-efficient, and appropriately secure, and that provide work and other self-improvement opportunities to assist offenders in becoming law-abiding citizens. The Committee recommendation includes $5,171,440,000 for the salaries and expenses of the Federal Prison System, which is $20,000,000 above the request and $176,007,000 above fiscal year 2007.

The Committee is concerned about the safety implications of overcrowding in Federal prisons. Today, there are more than 195,000 Federal inmates in 114 institutions, a six-fold population increase since 1980. The crowding rate is now 36 percent over capacity and is projected to grow.

The Committee is troubled by reports of a rising incidence of assaults by inmates on staff and other inmates. The Administration is strongly urged to examine these reports closely and to adjust staffing levels as warranted.

Reducing criminal recidivism.--The Committee strongly believes that inmate literacy, training, and substance abuse treatment programs are cost-effective tools in reducing the societal costs of criminal recidivism. Inmates who leave prison drug-free and with employable skills are less likely to commit new crimes.

Contracting out.--The Committee recommendation includes a general provision to prohibit the use of funds to conduct, process or approve a public-private competition under OMB Circular A-76 for personnel who are employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated. This provision does not prevent the Bureau of Prisons from meeting additional bed space needs using State, local, and private existing and new prison capacity.

Adam Walsh Act implementation.--The Committee recommendation includes funding to expand BOP offender management and treatment programs, as authorized by the Adam Walsh Child Protection and Safety Act of 2006.

Activation of FCI Pollock.--Within the amount provided, the Committee expects the BOP to begin activation of a new 1,152 bed, medium security prison in Pollock, Louisiana.

National Institute of Corrections (NIC).--To address deficiencies in corrections reporting identified by the U.S. Census Bureau, the Committee encourages the NIC to work with State corrections agencies to develop procedures and systems for collecting and maintaining corrections records.

The Committee recommendation includes $95,003,000 for the modernization, maintenance, and repair of prison and detention facilities housing Federal inmates, which is $337,422,000 below fiscal year 2007 and $115,000,000 below the request.

The Committee acknowledges the Administration's request for $115,000,000 to complete construction of a new Federal Correctional Institution in Mendota, California. The Congress included funding to complete Mendota and two other prisons in the fiscal year 2007 Appropriations Act, which was enacted in February 2007.

Created by Federal statute in 1934, Federal Prison Industries (FPI) operates as a wholly-owned, self-sustaining Government corporation. FPI employs and provides skills training to Federal inmates. The Committee recommendation includes a limitation on administrative expenses of $2,477,000 for Federal Prison Industries, Incorporated (FPI), which is $845,000 below fiscal year 2007 and equal to the request.

 

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Office of Violence Against Women

The Office on Violence Against Women (OVW) coordinates legislative and other initiatives relating to violence against women and administers grant programs to help prevent, detect, and stop violence against women, including domestic violence, sexual assault, and stalking. The Committee recommendation includes $430,000,000 to support grants under the Violence Against Women Act, which is $47,429,000 above fiscal year 2007 and $59,995,000 above the request.

Assistance to Victims of Sexual Assault.--Within the funds provided, the Committee recommends $10,000,000 for a new program of assistance to victims of sexual assault

Engaging Men and Youth in Prevention.--The Committee recommends $10,000,000 for Engaging Men and Youth in Prevention Efforts, a new program of violence prevention initiatives to teach respect and nonviolence in relationships, as authorized by Public Law 109-162.

OFFICE OF JUSTICE PROGRAMS

The Office of Justice Programs (OJP) was established to provide Federal leadership, coordination, and assistance needed to make the Nation's justice system more efficient and effective in preventing and controlling crime. OJP is responsible for collecting statistical data and conducting analyses; identifying emerging criminal justice issues; developing and testing promising approaches to address these issues; evaluating program results, and disseminating these findings and other information to State and local governments.

After a decade of decline, the FBI recently confirmed that violent crime, including murders, robberies, and gun crimes, has risen across the Nation for the second straight year. Despite this disturbing trend, the Administration once again proposes to cut State and local law enforcement and crime prevention funding by 52 percent below the current year level. The Committee rejects the Administration's reckless budget cuts

The Bureau of Justice Assistance provides funding, training, and technical assistance to State and local governments to combat violent and drug-related crime and help improve the criminal justice system. The Bureau of Justice Assistance provides funding, training, and technical assistance to State and local governments to combat violent and drug-related crime and help improve the criminal justice system.

National Institute of Justice.--The Committee recommendation provides $60,000,000 for the National Institute of Justice (NIJ). In addition, NIJ will receive funding under the Byrne Memorial Justice Assistance Grants program and the Violence Against Women Prevention and Prosecution programs. NIJ is the Nation's primary source of research and development in the field of criminal justice.

National Crime Victimization Survey (NCVS).--Within funds provided, the Committee directs the Bureau of Justice Statistics (BJS) to appropriately fund the continuation of the NCVS, which is a critical source of information on crime victimization across the country.

Ensuring objective BJS studies.--The Committee directs that any statistical studies undertaken by the Bureau of Justice Statistics, as well as press releases describing the results of these studies, shall be publicly released by the Bureau without alteration or clearance by persons outside the Bureau.

Missing Children.--The Committee recommendation provides $61,400,000 for the Missing Children Program for fiscal year 2008, which is $14,013,000 above the enacted level and $61,400,000 above the request. This program provides funds to combat crimes against children, particularly kidnapping and sexual exploitation.

Regional Information Sharing.--The Committee recommendation includes $50,000,000 for fiscal year 2008 for regional information sharing to ensure the efficient and effective automated exchange of crime and terrorism information among Federal, State, and local agencies. The recommendation is $10,281,000 above the enacted level and $11,531,000 above the request.

Justice for All Act/Victim Notification.--The recommendation includes $12,000,000 to increase enforcement of crime victims' rights and to support the Statewide Automated Victim Information Notification (SAVIN) program

Economic, high-tech and cybercrime prevention.--The recommendation includes $10,000,000 to support State and local law enforcement agencies in the prevention, investigation and prosecution of Internet, high-tech and economic crimes, including fraud, identity theft, anti-piracy and counterfeiting enforcement

 

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State and Local Law Enforcement

The Committee recommendation includes a total of $1,315,000,000 for State and Local Law Enforcement Assistance programs. This amount is $765,000,000 above the request and $78,196,000 above fiscal year 2007.

As discussed under the OJP general heading, the Committee rejects the Administration's reckless proposal to consolidate and drastically cut funding for State and local law enforcement and crime prevention programs.

Edward Byrne Memorial Justice Assistance Grant Program- The Committee recommendation includes $600,000,000 for formula grants.

Tribal Law Enforcement Assistance.--The recommendation provides a total of $31,000,000 for law enforcement assistance to Indian tribes.

State Criminal Alien Assistance Program.--The recommendation provides $405,000,000 for the State Criminal Alien Assistance Program (SCAAP) for reimbursement to States for the costs of incarceration of criminal aliens.

Southwest Border Prosecutions.--The Committee recommends $30,000,000 to provide assistance to State and local law enforcement agencies (including prosecutors, probation officers, courts, and detention facilities) along the southwest border

Victims of Trafficking.--The recommendation includes $15,000,000 to enhance State and local efforts to combat trafficking of persons.

State Prison Drug Treatment.--The recommendation includes $10,000,000 for State prison drug treatment programs, which is $10,000,000 more than the request and $128,000 above the current year.

Drug Courts.--The Committee strong believes that drug courts serve a vital role in our Nation's justice system. The recommendation includes $40,000,000 for this program, which is $30,128,000 above the current year. The Administration made no request for this program.

Hal Rogers Prescription Drug Monitoring Program.--The recommendation includes $7,500,000 for the Prescription Drug Monitoring Program to assist States in building or enhancing prescription drug monitoring systems, facilitating the exchange of information among States, and providing technical assistance and training on establishing and operating effective prescription drug monitoring programs

Prison Rape Prevention and Prosecution.--The Committee's recommendation provides $25,000,000 for prison rape prevention and prosecution programs

Improving State and Local Law Enforcement Intelligence Capabilities.--The recommendation includes $5,000,000 for training to improve State and local law enforcement intelligence capabilities.

Mentally-Ill Offenders.--The recommendation includes $10,000,000 for grants to mental health courts and adult and juvenile collaboration program grants.

Sex Offender Management Assistance.--The recommendation includes $10,000,000 for sex offender management programs and grants to help States and local jurisdictions to increase public safety by effectively managing sex offenders

 

Community Oriented Policing Services

The Office of Community Oriented Policing Services (COPS) was established to assist law enforcement agencies in enhancing public safety through the implementation of community policing strategies. COPS does so by providing training to enhance law enforcement officers' problem-solving and community interaction skills; encouraging law enforcement and community members to develop initiatives to prevent crime; substantially increasing the number of law enforcement officers directly interacting with the community; and supporting the development of new technologies to shift law enforcement's focus to preventing crime within their communities.

The Committee strongly believes that COPS programs play a critical role in crime prevention and suppression in our country. The Committee recommendation includes $725,000,000 for COPS programs for fiscal year 2008, which is $183,162,000 above the current year and $692,692,000 above the request.

Law Enforcement Technologies and Interoperable Communications.--The recommendation includes $128,000,000 for continued development of technologies and automated systems to assist State and local law enforcement agencies in investigating, responding to and preventing crimes, and gathering and analyzing information, and for the continued development of interoperable communications systems for State and local law enforcement entities.

Methamphetamine Enforcement and Clean-Up.--The production, trafficking, and abuse of methamphetamine--an extremely destructive and addictive synthetic drug--continues to be a serious national problem. The Committee recommends $85,000,000 for grants

Bulletproof Vests.--The Committee recommendation includes $30,000,000 for the Bulletproof Vest program to assist State and local law enforcement in purchasing bullet and stab resistant vests

Criminal History Record Upgrades.--The Committee recommendation includes $12,000,000 for the Criminal Records Upgrade program.

Tribal Law Enforcement.--The Committee recommendation includes $18,000,000 for tribal law enforcement efforts, which is $18,000,000 above the request.

DNA backlog reduction.--The Committee recommendation includes $175,000,000 for DNA analysis and forensic crime lab capacity enhancements, which is $17,184,000 above the current year level.

Violent Gang and Gun Crime Reduction.--The Committee recommends $80,000,000 for grant assistance to State and local law enforcement to combat violent crime throughout the Nation, with special emphasis on areas plagued by violent gangs. Of the amount provided, $55,000,000 shall be for areas of the country experiencing high gang activity.

Offender Re-entry.--The Committee recommends $15,000,000 for the law enforcement costs related to establishing offender re-entry programs, which is $121,000 above the enacted level

Weed and Seed Program.--The recommendation includes $49,692,000 to help communities build stronger, safer neighborhoods by implementing weed and seed strategies, a community-based, multidisciplinary approach to combating crime.

Juvenile Justice

The Office of Juvenile Justice and Delinquency Prevention (OJJDP) was established to provide Federal leadership, coordination, and resources to prevent and respond to juvenile delinquency and victimization. OJJDP is responsible for supporting states and communities in their efforts to develop and implement effective and coordinated prevention and intervention programs and to improve the juvenile justice system so that it protects public safety, holds offenders accountable, and provides treatment and rehabilitative services tailored to the needs of juveniles and their families. The Committee recommendation provides a total of $399,900,000 for Juvenile Justice Programs for fiscal year 2008, which is $61,539,000 above fiscal year 2007 and $119,900,000 above the request.

 

General Provisions

Section 201 provides that up to $60,000 of the funds appropriated to the Department of Justice shall be available to the Attorney General for reception and representation expenses, as requested.

Section 202 prohibits the use of funds to perform abortions in the Federal Prison System.

Section 203 prohibits the use of the funds to require any person to perform, or facilitate the performance of, an abortion.

Section 204 provides that nothing in the previous section removes the obligation of the Director of the Bureau of Prisons to provide escort services to female inmates who seek to obtain abortions outside a Federal facility.

Section 208 provides language prohibiting funds from being used to transport prisoners classified as a maximum or high security prisoner to a facility other than a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner.

Section 210 proposed for deletion in the budget request, prohibits the use of funds for SENTINEL or other major new or enhanced information technology programs unless the Deputy Attorney General and the Department IT Investment Review Board certify to the Committees on Appropriations that the information technology program has appropriate contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice.

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TITLE III---SCIENCE

The funds recommended by the Committee in Title III of the accompanying bill support the development of national science policy, as well as the operational, research, and education activities of the National Aeronautics and Space Administration and the National Science Foundation.

The recommendation in this title totals $24,137,015,000, $1,950,022,000 above fiscal year 2007 not including supplemental amounts, and $393,720,000 above the request.

 

Office of Science and Technology Policy

NASA

National Science Foundation

 

 

 

 

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Office of Science and Technology Policy

The Office of Science and Technology Policy (OSTP) was created under the National Science and Technology Policy, Organization, and Priorities Act of 1976. OSTP advises the President on science and technology policies and coordinates research and development programs for the Federal government. The Committee recommendation includes $5,515,000 for the Office of Science and Technology Policy. This is the same as the request and $13,000 below fiscal year 2007.

 

NASA

The National Aeronautics and Space Administration (NASA) was established by the National Aeronautics and Space Act of 1958, as amended, to conduct space and aeronautical research, development, and flight activities for peaceful purposes to benefit all mankind. The Act calls on NASA to expand human knowledge; develop and operate advanced aeronautical and space-faring vehicles; encourage commercial use of space; exchange with other U.S. agencies findings useful to each other to maximize research results; cooperate with other nations in research and applications; and preserve U.S. preeminence in aeronautics and space. NASA's unique mission is to pioneer the future in space exploration, scientific discovery, and aeronautics research. The Committee recommendation includes $17,622,500,000 for the National Aeronautics and Space Administration, $313,100,000 above the request and $1,358,200,000 above fiscal year 2007, not including emergency supplemental funding.

This recommendation provides for the continued efforts of NASA's Moon-Mars goals, but more importantly restores some of the cuts made by the Administration to the science, aeronautics, and education portfolios at the agency. The Administration requested the science and aeronautics programs at a level too low to adequately support important programs and projects. The cuts made to these programs are simply short-sighted. These additional funds should begin to achieve a balance of funding of NASA programs. Clearly, the agency has too many responsibilities and not enough resources to accomplish them all. Unfortunately, the Committee could not provide sufficient funds to fully restore all of the cuts made to these important programs.

NASA's Science Mission Directorate engages the Nation's science community, sponsors scientific research, and develops and deploys satellites and probes in collaboration with NASA's partners around the world to answer fundamental questions requiring the view from and into space. This directorate seeks to understand the origins, structure, evolution, and destiny of the universe and to understand the nature of the phenomena that shape it. The Committee recommendation includes $5,696,100,000 for the Science Mission Directorate, $180,000,000 above the request and $324,679,867 above fiscal year 2007.

Of the amounts provided above the request, the funds should be applied as follows:

+$60,000,000 for technology development of missions based on recommendations in the National Academies Earth Decadal Survey;

+$60,000,000 for the Research and Analysis program;

+$50,000,000 for the Space Interferometry Mission; and

+$10,000,000 for a mission to the outer planets.

NASA's Aeronautics Research Mission Directorate works to enhance the state of aeronautics for our Nation and is the leading government organization for aeronautical research. The directorate conducts cutting-edge, fundamental research in traditional aeronautical disciplines and emerging fields to help transform our Nation's air transportation system, and to support future air and space vehicles. The Committee recommendation includes $700,000,000 for the Aeronautics Research Mission Directorate, $146,000,000 above the request and $16,709,907 below fiscal year 2007.

The Exploration Systems Mission Directorate provides the organizational focus for developing new capabilities and supporting technologies that enable sustained and affordable human space exploration and promote international and commercial participation to further scientific, security, and economic interests. The Committee recommendation includes $3,923,800,000 for the Exploration Systems Mission Directorate, the same as the request and $466,657,450 above fiscal year 2007.

Within the amounts provided, NASA is directed to increase the amount for non-Exploration microgravity life and physical sciences research by $13,500,000. These funds are for non-Multi-User Support and Services activities.

The Education office has the responsibility for the education that contributes to the development of the science, technology, engineering and mathematics workforce in disciplines specifically related to NASA's mission. The Committee recommendation includes $220,300,000 for Education, $66,600,000 above the request and $80,600,000 above fiscal year 2007. Education has been broken out from the Cross-Agency Support Programs account to highlight both its importance and add to the transparency of this critical activity.

The increases above the budget request should be applied as follows:

+$3,243,000 for a total of $15,500,000 for the Experimental Program to Stimulate Competitiveness in Research (EPCSCoR). This will help the 27 EPSCoR jurisdictions contribute to the innovation and competitiveness initiatives and other efforts as well as fund the administrative costs of the program.

+$7,664,000 for a total of $43,000,000 for the Space Grant College and Fellowship program and the associated administrative costs of the program. The amount provided will fund 35 states at $750,000 each and 17 states at $550,000 each.

Cross-Agency Support Programs provides a focus for several ongoing activities and provides a strategic approach to maintain some of NASA's unique research facilities. This account consists of three themes: advanced business systems, innovative partnerships program, and the shared capabilities assets program. The Committee recommendation includes $335,500,000 for Cross-Agency Support Programs, the same as the request and $65,300,000 below the fiscal year 2007.

The Space Operations Mission Directorate includes the International Space Station (ISS), the Space Shuttle Program, and Space and Flight Support. The Directorate is responsible for providing mission critical space exploration services by flying the Space Shuttle to assemble the Space Station, ensuring safe and reliable access to space, maintaining secure and dependable communications between platforms across the solar system, and ensuring the health and safety of our Nation's astronauts. The Committee recommendation includes $6,691,700,000 for the Space Operations Mission Directorate, $100,000,000 below the request and $546,106,000 above fiscal year 2007.

 

Bill language is included continuing most previous and requested administrative provisions but adds one new provision: a provision to extend the moratorium on Reductions in Force to September 30, 2008.

 

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National Science Foundation

Established in 1950, the National Science Foundation's (NSF) primary purpose is to develop and implement a national policy on science, and support and promote basic research and education in the sciences. The Committee recommendation includes $6,509,000,000 for NSF, $80,000,000 above the request and $591,835,000 above fiscal year 2007. This level of funding will support the doubling of the NSF budget in 10 years as part of a long-term, sustained commitment to investment in basic research and development which provides the foundation for innovation and future technologies.

The Research and Related Activities Account supports activities that enable the United States to provide leadership and promote progress across the expanding frontiers of scientific and engineering research and education. These activities support areas of inquiry critical to long-term U.S. economic strength, security, and quality of life.

The major activities within this account include: Biological Sciences; Computer and Information Science and Engineering; Engineering; Geosciences; Mathematical and Physical Sciences; Social, Behavioral and Economic Sciences; Office of Cyberinfrastructure; Office of International Science and Engineering; Office of Polar Programs; Integrative Activities and the Experimental Program to Stimulate Competitive Research (EPSCoR). In addition, funding for the U.S. Arctic Research Commission is provided through this account. The Committee recommendation includes $5,139,690,000 for the Research and Related Activities account, $8,000,000 above the request and $473,740,000 above fiscal year 2007.

The Major Research Equipment and Facilities Construction account provides funding for the construction and acquisition of major research facilities that provide unique capabilities at the cutting edge of science and engineering. Operations and maintenance costs of the facilities are provided through the Research and Related Activities account. The Committee recommendation includes $244,740,000 for the Major Research Equipment and Facilities Construction account, the same as the request and $53,859,000 above fiscal year 2007.

The Foundation's Education and Human Resources activities support all levels of education and training from pre-kindergarten through career development; promotes public understanding of science, mathematics, engineering, and technology; and ensures the United States has world-class scientists, mathematicians, and engineers. This account supports a cohesive and comprehensive set of activities that encompass every level of education and every region of the country. The major components of this Directorate include: Research on Learning in Formal and Informal Settings; Undergraduate Education; Graduate Education; and Human Resource Development. The Committee recommendation includes $822,600,000 for Education and Human Resources, $72,000,000 above the fiscal year 2008 request and $25,907,000 above the fiscal year 2007. +$36,000,000 for a total of $46,000,000 for the Robert Noyce Scholarship program;

+$20,000,000 for a total of $66,000,000 for Math and Science Partnership program;

+$4,000,000 for a total of $86,850,000 for Undergraduate/Graduate Student Support account;

+$2,000,000 for a total of $49,000,000 for Graduate Teaching Fellowships in K-12; and

+$10,000,000 for a climate change education program.

The Agency Operations and Award Management Account includes funds for staff salaries, benefits, staff travel, training, rent, information technology, administrative contractual services, supplies, equipment, and other operating expenses necessary for management of NSF's research and education activities. This account supports full-time equivalents (FTEs), provides for current administrative services, and enhances the agency's investment in information technology to increase productivity. The Committee recommendation includes $285,590,000 for the Agency Operations and Awards Management, the same as the request and $37,345,000 above fiscal year 2007 level.

The Office of the National Science Board, established in 1950, establishes policies and assesses the quality, relevance and performance of the National Science Foundation's awards and capital investments. In addition, the Board provides advice to the President and the Congress on matters of science and engineering policy The Committee recommends $4,030,000 for the National Science Board, the same as the fiscal year 2008 request and $61,000 above the amounts provided in fiscal year 2007.

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TITLE IV---RELATED AGENCIES

Commission on Civil Rights

International Trade Commission

Legal Services Commission

Marine Mammal Commission

National Veterans Business Development Corporation

Office of the US Trade Representative

State Justice Institute

 

Commission on Civil Rights

The Commission on Civil Rights was established by the Civil Rights Act of 1957 and is directed by eight part-time Commissioners. The Commission was created to protect the civil rights of people within the United States and was intended to be an independent, bipartisan, fact-finding agency. The Commission investigates charges of citizens being deprived of voting and other civil rights and collects, studies, and disseminates information on the impact of Federal laws and policies on civil rights. The Committee recommendation includes $9,000,000 for the salaries and expenses of the Commission on Civil Rights, which is $200,000 above the request and $28,000 above fiscal year 2007.

The Equal Employment Opportunity Commission (EEOC) has jurisdiction over employment discrimination issues for the Federal government's role as an employer and also for private employers, State and local agencies, employment services, and labor organizations. The EEOC receives, reviews, investigates, and processes charges of employment discrimination, and files discrimination suits. The EEOC also provides guidance and information to both employers and employees concerning their rights and responsibilities under the laws we enforce. The Committee recommendation includes $332,748,000 for the EEOC for fiscal year 2008, which is $4,002,000 above fiscal year 2007 and $5,000,000 above the request.

 

 

 

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International Trade Commission

The International Trade Commission is an independent, quasi-judicial agency responsible for conducting trade-related investigations; providing the Congress and the President with independent, expert technical advice to assist in the development and implementation of U.S. international trade policy; responding to the Congress and the President on various matters affecting international trade; maintaining the Harmonized Commodity Description and Coding System of internationally accepted product nomenclature; providing technical assistance to eligible small businesses seeking remedies and benefits under the trade laws; and performing other specific statutory responsibilities ranging from research and analysis to quasi-judicial functions on trade-related matters. The Committee recommends $68,400,000 for the International Trade Commission (ITC) for fiscal year 2008, which is $6,950,000 above the amount provided in the current year and the same as the request.

 

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Legal Services Commission

The Legal Services Corporation (LSC) is a private, non-profit corporation that provides low-income individuals with access to legal assistance and information concerning civil legal problems. Created in 1974, the LSC is charged by Congress to provide assistance to those who would otherwise be unable to afford adequate legal counsel. The Committee strongly supports the LSC's mission `to promote equal access to justice in our Nation.' The Committee recommendation includes $377,000,000 for the LSC, which is $28,422,000 above fiscal year 2007 and $66,140,000 above the request.

 

 

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Marine Mammal Commission

The Marine Mammal Commission and its Committee of Scientific Advisors on Marine Mammals are charged with overseeing and advising on domestic and international actions to further the policies and provisions of the Marine Mammal Protection Act. The Commission provides objective, science-based advice to the Congress and the Executive Branch on issues related to the protection of marine mammals. Committee recommendation includes $3,000,000 for the necessary expenses, including the hiring of two additional FTEs, for the Marine Mammal Commission. This amount is $104,000 above the current year level and $701,000 above the request.

 

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National Veterans Business Development Corporation

The Corporation was established by Public Law 106-50 to foster entrepreneurship and business opportunities for Veterans, including access to capital, surety bonding, training, mentoring, and markets. The National Veterans Business Development Corporation (TVC) will provide members of the Guard and Reserves and their families with pre/post-deployment assistance to preserve family-owned businesses. The Committee recommendation includes $2,500,000 in total resources for the programs of the TVC for fiscal year 2008, which is $1,019,000 above fiscal year 2007. The President's budget did not include funding for the TVC.

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Office of the US Trade Representative

The Office of the U.S. Trade Representative (USTR) seeks to contribute to U.S. economic growth, competitiveness, and prosperity by opening markets and reducing trade and investment barriers around the world to create new commercial opportunities for U.S. goods and services industries, workers, ranchers, and farmers.

The USTR is a member of the President's Cabinet and serves as the President's principal trade advisor, negotiator, and spokesperson on trade issues. USTR is part of the Executive Office of the President. Through an interagency structure, USTR coordinates trade policy, resolves disagreements, and frames issues for presidential decision. The USTR is also the Vice-Chairman of the Overseas Private Investment Corporation, a member of the Board of the Millennium Challenge Corporation, an ex-officio member of the Export-Import Bank Board of Directors, and a member of the National Advisory Council on International Monetary and Financial Policies. The Committee recommendation includes $48,407,000 for the Office of the United States Trade Representative (USTR) for fiscal year 2008, $4,000,000 above the request, and $4,200,000 above fiscal year 2007.

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State Justice Institute

The State Justice Institute (SJI) is a non-governmental organization that awards grants to improve the administration of justice in State courts. Although SJI is currently authorized in Public Law 108-372 through 2008, the Administration's budget request has proposed the elimination of Federal funding for SJI. The Committee recommendation includes $4,640,000 for the State Justice Institute for fiscal year 2008, which is $1,185,000 above fiscal year 2007 and $4,640,000 above the request.

 

 

 

 

 

TITLE V---GENERAL PROVISIONS

Section 501 prohibits any appropriation contained in the Act from being used for publicity or propaganda purposes not authorized by the Congress.

Section 505(a) prohibits the reprogramming of funds which: (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 offices or employees; (5) reorganizes or renames offices; (6) reorganizes programs, or activities; or (7) contracts out or privatizes any function or activity presently performed by Federal employees unless the Appropriations Committee is notified 15 days in advance. Section 505(b) prohibits a reprogramming of funds in excess of $500,000 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. The Committee has again included carryover funds under the requirements of section 505 to clarify that agencies must follow reprogramming procedures with respect to carryover funds.

Section 510, proposed for deletion in the budget request, prohibits funds made available in this Act from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, provided that such restrictions are applied equally to all tobacco products or tobacco products of the same type. This provision is not intended to impact routine international trade services provided to all U.S. citizens, including the processing of applications to establish foreign trade zones.

Section 511 prohibits funds made available in this Act from being used to implement a Federal user fee for background checks conducted pursuant to the Brady Handgun Control Act of 1993, or to implement a background check system that does not require and result in the destruction of certain information within 24 hours.

Section 513 prohibits the use of Department of Justice funds for programs that discriminate against or denigrate the religious beliefs of students participating in such programs.

Section 520, proposed for deletion in the budget request, prohibits the use of funds in this Act to deny certain import applications regarding `curios or relics' firearms, parts, or ammunition.

Section 523 prohibits the use of funds to authorize a national security letter in contravention of the statutes authorizing the FBI to issue national security letters

Section 524, bill language is included prohibiting the use of funding in the bill to be used to implement a revision to the OMB~ A-76 circular made on May 29, 2003. Under this circular, Federal workers whose jobs are threatened by privatization are prohibited from appealing to the Government Accountability Office (GAO) if they lose job competitions under the Administration's `competitive sourcing' initiative. Only private contractors have the right to appeal to GAO and have judicial reviews in the United States Court of Federal Claims when their contract bid is rejected. This language would be applicable only to the Departments and agencies funded in this Act. The Committee is committed to ensuring that Federal employees have the same appeal rights as the contractors they are competing against.

Section 526 amends Section 605 of the Harmful Algal Bloom and Hypoxia Research and Control Act of 998, providing new authorized funding levels for 2008 through 2010.

Section 527 corrects two enrollment errors in P.L. 109-479 which amended the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a).

Section 528 prohibits the use of funds to contract with an entity that does not participate in the Basic Pilot Program of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

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AMENDMENTS

Amendments For H.R.3093

1. H.AMDT.643 to H.R.3093 An amendment numbered 4 printed in the Congressional Record to increase appropriations for the International Trade Administration (by transfer) by $6 million, and reduce appropriations for the Bureau of the Census.
Sponsor: Rep Rogers, Mike J. [MI-8] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment not agreed to. Status: On agreeing to the Rogers (MI) amendment Failed by recorded vote: 200 - 228 (Roll no. 720).


2. H.AMDT.644 to H.R.3093 An amendment to reduce appropriations for the Economic Development Assistance Programs by $100,000,000, and increase appropriations for the Federal Bureau of Investigation by $6,000,000.
Sponsor: Rep Sessions, Pete [TX-32] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment not agreed to. Status: On agreeing to the Sessions amendment (A002) Failed by recorded vote: 125 - 294 (Roll no. 721).


3. H.AMDT.645 to H.R.3093 An amendment to reduce appropriations (by transfer) for the Periodic Censuses and Programs by $10 million, and increase appropriations for the Office of Justice Programs.
Sponsor: Rep Capito, Shelley Moore [WV-2] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Capito amendment (A003) Agreed to by recorded vote: 229 - 196 (Roll no. 722).


4. H.AMDT.646 to H.R.3093 An amendment to increase appropriations (by transfer) for the National Telecommunications and Information Administration by $5 million, and reduce appropriations for General Administration.
Sponsor: Rep Shimkus, John [IL-19] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Shimkus amendment (A004) Agreed to by recorded vote: 340 - 87 (Roll no. 723).


5. H.AMDT.647 to H.R.3093 An amendment numbered 22 printed in the Congressional Record to reduce appropriations for the National Oceanic and Atmospheric Administration (NOAA) by $2 million, and increase appropriations for the International Trade Commission by $1 million.
Sponsor: Rep English, Phil [PA-3] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment not agreed to. Status: On agreeing to the English (PA) amendment (A005) Failed by recorded vote: 83 - 342 (Roll no. 724).


6. H.AMDT.648 to H.R.3093 An amendment numbered 17 printed in the Congressional Record to redirect appropriations for the National Oceanic and Atmospheric Administration (NOAA) of $500,000.
Sponsor: Rep Bordallo, Madeleine Z. [GU] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Bordallo amendment (A006) Agreed to by voice vote.


7. H.AMDT.649 to H.R.3093 An amendment numbered 27 printed in the Congressional Record to reduce appropriations (by transfer) for the National Oceanic and Atmosperic Administration (NOAA), and increase appropriations for a FBI pilot program by $16 million.
Sponsor: Rep Rogers, Mike J. [MI-8] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 Mr. Obey raised a point of order against the Rogers (MI) amendment (A007). Mr. Obey stated that the provisions of the Rogers (MI) amendment seek to appropriate funds for a program not authorized. The Chair sustained the point of order.


8. H.AMDT.650 to H.R.3093 An amendment to increase appropriations (by transfer) for the National Oceanic and Atmospheric Administration (NOAA), and reduce appropriations for Departmental Management.
Sponsor: Rep Mack, Connie [FL-14] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Mack amendment was withdrawn.


9. H.AMDT.651 to H.R.3093 An amendment to increase appropriations (by transfer) for the NOAA, and reduce appropriations for General Administration by $2 million.
Sponsor: Rep Jindal, Bobby [LA-1] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Jindal amendment was withdrawn.


10. H.AMDT.652 to H.R.3093 An amendment to reduce appropriations for Departmental Management of the Department of Commerce and General Administration of the Department of Justice, and increase appropriations for State and Local Law Enforcement Assistance programs, and the State Criminal Alien Assistance Program (SCAAP).
Sponsor: Rep Lofgren, Zoe [CA-16] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Lofgren, Zoe amendment (A010) Agreed to by recorded vote: 388 - 39 (Roll no. 725).


11. H.AMDT.653 to H.R.3093 An amendment numbered 26 printed in the Congressional Record to reduce appropriations (by transfer) for the Departmental Management (Salaries and Expenses account), and increase appropriations for Education and Human Resources by $2 million.
Sponsor: Rep Price, Tom [GA-6] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Price (GA) amendment was withdrawn.


12. H.AMDT.654 to H.R.3093 An amendment to reduce appropriations for General Administration, and increase appropriations for United States Attorneys and the FBI.
Sponsor: Rep Biggert, Judy [IL-13] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Biggert amendment (A012) Agreed to by voice vote.


13. H.AMDT.655 to H.R.3093 An amendment to reduce appropriations for General Administraion, Justice Information Sharing Technology, Tactical Law Enforcement Wireless Communications, Administrative Review and Appeals, and Detention Trustee; and increase appropriations for Community Oriented Policing Services.
Sponsor: Rep Weiner, Anthony D. [NY-9] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Weiner amendment was withdrawn.


14. H.AMDT.656 to H.R.3093 An amendment to redirect appropriations for the FBI by $1 million.
Sponsor: Rep King, Steve [IA-5] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment not agreed to. Status: On agreeing to the King (IA) amendment (A014) Failed by recorded vote: 19 - 389, 16 voted 'Present' (Roll no. 726).


15. H.AMDT.657 to H.R.3093 An amendment numbered 5 printed in the Congressional Record.
Sponsor: Rep Rogers, Mike J. [MI-8] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 Mr. Obey raised a point of order against the Rogers (MI) amendment (A015). Mr. Obey stated that the provisions of the Rogers (MI) amendment seek to appropriate funds for a program not authorized. The Chair sustained the point of order.


16. H.AMDT.658 to H.R.3093 An amendment numbered 6 printed in the Congressional Record to provide that funds be available for annuity protection for Special Agents of the FBI who had completed a total of 3 or more years in field supervisory positions as of June 3, 2004 who are subsequently transferred to positions at a lower grade because they chose not to accept transfers within the FBI.
Sponsor: Rep Rogers, Mike J. [MI-8] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Rogers (MI) amendment was withdrawn.


17. H.AMDT.659 to H.R.3093 An amendment to increase appropriations (by transfer) for the Violence Against Women Prevention and Prosecution Programs, and reduce appropriations for the National Science Foundation operations and award management program by $10 million.
Sponsor: Rep Capito, Shelley Moore [WV-2] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Capito amendment (A017) Agreed to by recorded vote: 243 - 186 (Roll no. 727).


18. H.AMDT.660 to H.R.3093 An amendment to redirect appropriations within the Office of Justice Programs by $34 million.
Sponsor: Rep Biggert, Judy [IL-13] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Biggert amendment was withdrawn.


19. H.AMDT.661 to H.R.3093 An amendment to increase appropriations for the Office of Justice Programs by $1,747,111.
Sponsor: Rep Etheridge, Bob [NC-2] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Etheridge amendment (A019) Agreed to by recorded vote: 421 - 2 (Roll no. 728).


20. H.AMDT.662 to H.R.3093 An amendment to redirect $15 million of appropriation funding for Community Oriented Policing Services by.
Sponsor: Rep Chabot, Steve [OH-1] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Chabot amendment was withdrawn.


21. H.AMDT.663 to H.R.3093 An amendment numbered 9 printed in the Congressional Record to strike section 213.
Sponsor: Rep Sessions, Pete [TX-32] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment not agreed to. Status: On agreeing to the Sessions amendment (A021) Failed by recorded vote: 162 - 267 (Roll no. 729).


22. H.AMDT.664 to H.R.3093 An amendment to revise amounts appropriated for the "General Administration--Salaries and Expenses" account, and increasing the amount made available for the "Office on Violence Against Women--Violence Against Women Prevention and Prosecution Programs".
Sponsor: Rep Inslee, Jay [WA-1] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Inslee amendment (A022) Agreed to by recorded vote: 412 - 18 (Roll no. 730).


23. H.AMDT.665 to H.R.3093 An amendment inserting a new section (SEC. 214) for "Office of Justice Programs--State and Local Law Enforcement Assistance".
Sponsor: Rep Lipinski, Daniel [IL-3] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Lipinski amendment was withdrawn.


24. H.AMDT.666 to H.R.3093 An amendment inserting, ", of which not less than $70,700,00 shall be for the Minority University Research and Education Programs," after the dollar amount.
Sponsor: Rep Johnson, Eddie Bernice [TX-30] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Johnson, E. B. amendment was withdrawn.


25. H.AMDT.667 to H.R.3093 An amendment to make funds available for the Internet Crimes Against Children Task Force program.
Sponsor: Rep Biggert, Judy [IL-13] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Biggert amendment was withdrawn.


26. H.AMDT.668 to H.R.3093 An amendment to strike "$625 million" and insert, "$635 million" on page 75, line 24.
Sponsor: Rep Poe, Ted [TX-2] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Poe amendment (A026) Agreed to by recorded vote: 395 - 34 (Roll no. 731).


27. H.AMDT.669 to H.R.3093 An amendment to add a new section pertaining to reducing the amount available for Departmental Management-Salaries and Expenses and increasing the amount made available for Office on Violence Against Women-Violence Against Women Prevention and Prosecution Programs.
Sponsor: Rep Reichert, David G. [WA-8] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Reichert amendment (A027) Agreed to by recorded vote: 405 - 25 (Roll no. 732).


28. H.AMDT.670 to H.R.3093 An amendment to prohibit the use of funds to be used for business-class or first-class airline travel by employees of the Department of Commerce in contravention.
Sponsor: Rep Lampson, Nick [TX-22] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Lampson amendment (A028) Agreed to by voice vote.


29. H.AMDT.671 to H.R.3093 An amendment to reduce the amount made available by this Act for the "Department of Justice--General Administration--salaries and expenses" account, and increasing funds for the "Department of Justice--Office of Justice Programs--community oriented policing services" account.
Sponsor: Rep Boswell, Leonard L. [IA-3] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Boswell amendment was withdrawn.


30. H.AMDT.672 to H.R.3093 An amendment numbered 23 printed in the Congressional Record to prohibit the use of funds to be used by the Director of the Bureau of Alcohol. Tobacco, Firearms and Explosives to pay the compensation of employees of the Bureau of Alcohol, Tobacco, Firearms and Explosives to test and examine firearms without written and published testing standards.
Sponsor: Rep Gingrey, Phil [GA-11] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Gingrey amendment was withdrawn.


31. H.AMDT.673 to H.R.3093 An amendment to fund the appropriation in this Act for State and Local Law Enforcement Assistance, $2 million shall be available to provide grants to develop, expand, and strengthen victim service programs for victims of trafficking.
Sponsor: Rep Sali, Bill [ID-1] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 By unanimous consent, the Sali amendment was withdrawn.


32. H.AMDT.674 to H.R.3093 An amendment to prohibit the use of funds made available in this Act to the Department of Justice may be used, with respect to certain states, to prevent such States from implementing their own State laws that authorize the use, distribution, possession, or cultivation of medical marijuana.
Sponsor: Rep Hinchey, Maurice D. [NY-22] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment not agreed to. Status: On agreeing to the Hinchey amendment (A032) Failed by recorded vote: 165 - 262 (Roll no. 733).


33. H.AMDT.675 to H.R.3093 An amendment to prohibit the use of funds to enforce the judgement of the U.S. District Court for the Western District of Texas in the case of United States v. Ignacio Ramos, Et Al. decided March 8, 2006; or the sentences imposed.
Sponsor: Rep Poe, Ted [TX-2] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Poe amendment (A033) Agreed to by voice vote.


34. H.AMDT.676 to H.R.3093 An amendment to prohibit the use of funds to be used in contravention of section 642(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Sponsor: Rep Drake, Thelma D. [VA-2] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Drake amendment (A034) Agreed to by voice vote.


35. H.AMDT.677 to H.R.3093 An amendment to prohibit the use of funds be used in contravention of section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Sponsor: Rep Capito, Shelley Moore [WV-2] (introduced 7/25/2007)      Cosponsors (None)
Latest Major Action: 7/25/2007 House amendment agreed to. Status: On agreeing to the Capito amendment (A035) Agreed to by voice vote.


36. H.AMDT.678 to H.R.3093 An amendment numbered 1 printed in the Congressional Record to prohibit use of funds for the EEOC may be used for litigation expenses incurred in connection with cases commenced after the date of the enactment of this Act against employers on the grounds that such employers require employees to speak English.
Sponsor: Rep Stearns, Cliff [FL-6] (introduced 7/26/2007)      Cosponsors (None)
Latest Major Action: 7/26/2007 The amendment failed 202 to 212  RC 734


 

Amendment offered by Mr. Flake.

An amendment to strike the $200,000 appropriation in the bill for the Lobster Institute at the University of Maine in Orono, Maine.

The amendment failed 87 to 328  RC 735


Amendment offered by Mr. Flake.

An amendment to strike the $720,000 appropriation in the bill for meteorological equipment at Valparaiso University in Valparaiso, Indiana.

The amendment failed  by voice vote


Amendment offered by Mr. Flake.

An amendment to prohibit use of funds in the bill for the National Textile Centers.

  The amendment failed  by voice vote


Amendment offered by Mr. Pence.

An amendment numbered 25 printed in the Congressional Record to prohibit use of funds in the bill to enforce the amendments made by subtitle A of title II of Public Law 107-155.

agreed to 215 to 205 RC 737


Amendment offered by Mr. Nadler.

An amendment to increase funding for the Jessica Gonzales Victims Assistance Program by $5 million.

Withdrawn


Amendment offered by Mr. Flake.

An amendment to limit the use of funds to be used for the East Coast Shellfish Research Institute at the East Coast Shellfish Growers Association, Toms River, New Jersey.

The amendment failed 77 to 337  RC 736


Amendment offered by Mr. Fossella.

An amendment to prohibit the use of funds to be used to carry out the decision of the United States Court of Appeals for the Second Circuit in Lin, et al. v. United States Department of Justice rendered on July 16, 2007.

Agreed to by voice vote


Amendment offered by Mr. Mack. (FL)

An amendment to prohibit the use of funds be used to carry out the composition and delivery of exigent circumstances letters, that indicate that a grand jury subpoena is forthcoming where none has been convened or where there is no reasonable likelihood that one will be convened, to United States citizens, businesses, banks, firms or any other entity that retains personal identity information about citizens

Withdrawn


Amendment offered by Ms. Jackson-Lee (TX).

An amendment to reduce the amount made available for the Department of Justice-Office of Justice Programs-state and local law enforcement assistance and by increasing the amount made available for the Department of Justice-Office of Justice Programs-state and local law enforcement assistance by $10 million.

Withdrawn


Amendment offered by Ms. Jackson-Lee (TX).

An amendment to redirect $10 million in funding regarding the Department of Justice.

Agreed to by voice vote


Amendment offered by Ms. Jackson-Lee (TX).

An amendment to prohibit the funds made available in this Act may be used in violation of Subtitle A of Title VIII (International Space Station Independent Safety Taskforce) of the NASA Authorization Act of 2005.

agreed to by voice vote


Amendment offered by Mr. Upton.

An amendment to prohibit funds to be used to purchase light bulbs unless the light bulb have the "ENERGY STAR" or "Federal Energy Management Program" designation.

Agreed to404 to 16 RC 738


Amendment offered by Mr. Jordan.

An amendment to provide that each amount appropriated or otherwise made available by this Act that is not required to be appropriated or otherwise made available by a provision of law is reduced by 3.0 percent.

Failed 138 to 282 RC 739


Amendment offered by Mr. Price (GA).

An amendment to make the total appropriations made in this Act (other than appropriations required to be made by a provision of law) are hereby reduced by $750,000,000.

Failed 159 to 261 RC 740


Amendment offered by Mr. King (IA).

An amendment to prohibit use of funds in the bill for the hiring of illegal aliens.

Agreed to by voice vote


Amendment offered by Mrs. Musgrave.

An amendment to reduce funds in the bill by 0.5 percent.

Failed186 to 235 RC 741


Amendment offered by Mr. Campbell (CA).

An amendment numbered 37 printed in the Congressional Record to reduce the total amount appropriated in this Act by 0.05 percent.

Failed 192 to 228 RC 742


Amendment offered by Mr. Conaway.

An amendment to express the sense of the House that any reduction in the amount appropriated by this Act achieved as a result of amendments adopted by the House should be dedicated to deficit reduction.

Withdrawn


Amendment offered by Mr. Garrett (NJ).

An amendment to prohibit the use of funds to be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency at any single conference occurring outside the United States.

Agreed to by voice vote


 

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