H.R.5672 - Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2007109th Congress (2005-2006)
Summary: H.R.5672 — 109th Congress (2005-2006)
Reported to Senate amended (07/13/2006)
Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2007 - Title I: Department of Justice - Department of Justice Appropriations Act, 2007 - Makes appropriations for the Department of Justice for FY2007 for: (1) general administration, including for carrying out the activities of the National Security Division (including for information technology systems), Department information sharing technology, conversion to narrowband communications, administration of pardon and clemency petitions and immigration-related activities, the Federal Detention Trustee (including transfer of funds), and the Department of Justice Inspector General; (2) the U.S. Parole Commission; (3) legal activities, including reimbursement from the Vaccine Injury Compensation Trust Fund for processing cases under the National Childhood Vaccine Injury Act of 1986, for antitrust enforcement, the Offices of U.S. Attorneys, the U.S. Trustee Program, and the Foreign Claims Settlement Commission; (4) the U.S. Marshals Service (including for courthouse security equipment), construction, fees and expenses of witnesses, the Community Relations Service, and for certain uses of the Assets Forfeiture Fund; (5) interagency crime and drug enforcement; (6) the Federal Bureau of Investigation (FBI), including for expenses arising out of contractual or reimbursable agreements with state and local law enforcement agencies while engaged in cooperative activities related to violent crime, terrorism, cybercrime, child pornography, and drug investigations; (7) the Drug Enforcement Administration (DEA); (8) the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), including expenses necessary for the construction of the National Center for Explosives Training and Research; (9) the federal prison system, including for the construction of new buildings and facilities and the Federal Prison Industries, Incorporated (subject to certain limitations on administrative expenses); (10) Office on Violence Against Women for violence against women prevention and prosecution programs; and (11) Office of Justice Programs, including state and local law enforcement assistance, for necessary expenses to implement "Weed and Seed" program activities, community-oriented policing services (including transfer of funds), juvenile justice programs, and public safety officers benefits.
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 102) Prohibits the use of funds appropriated by this title to: (1) pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape; or (2) require any person to perform or facilitate an abortion.
(Sec. 104) Declares that nothing in the prohibition against the use of funds for abortions shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive an abortion outside of a Federal facility.
(Sec. 105) Prohibits more than 5% of any appropriation made available for the current fiscal year for the Department of Justice in this Act from being transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10% by any such transfers. Prohibits the transfer of any of the funds appropriated to "Buildings and Facilities, Federal Prison System" in this or any other Act to "Salaries and Expenses, Federal Prison System", or any other Department of Justice account, unless the President certifies that such a transfer is necessary to U.S. national security interests. Bars such authority from being delegated and subjects that authority to section 505 of this Act.
(Sec. 106) Authorizes the Attorney General to extend through FY2008 the Personnel Management Demonstration Project for certain positions of the ATF Bureau without limitation on the number of employees or the positions covered.
(Sec. 107) Extends certain authorities for FBI and DEA undercover investigative operations to the ATF Bureau in the conduct of undercover investigative operations and makes such authorities applicable with respect to any such operation initiated by the ATF Bureau that is necessary for the detection and prosecution of crimes against the United States.
(Sec. 108) Prohibits the use of funds made available to the Department of Justice in this Act for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under state or federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner.
(Sec. 109) Prohibits funds appropriated by this Act from being used by federal prisons to purchase cable television services, to rent or purchase videocassettes, videocassette recorders, or other audiovisual or electronic equipment used primarily for recreational purposes. Excludes from such prohibition the renting, maintaining, or purchasing of audiovisual or electronic equipment for inmate training, religious, or educational programs.
(Sec. 110) Provides for the Department of Justice Department Investment Review Board to be headed by the Deputy Attorney General. Requires the Department of Justice to submit to the Senate Committee on Appropriations all projects to be reviewed by the Board in FY2007, all projects reviewed in FY2006, and the outcomes of those reviews and any corrective actions taken by the Board.
(Sec. 111) Requires funds provided within this Act for security details for Department leadership to be budgeted for within the general administration account. Makes the U.S. Marshals Service responsible for all security details for officials occupying Department leadership positions. Requires the Department of Justice to submit a classified funding justification for all security details with each future budget submission.
(Sec. 112) Subjects any deviation from the amounts designated for specific activities in this Act and accompanying report or any use of deobligated balances of funds provided under this title in previous years to the procedures set forth in section 505 of this Act.
(Sec. 113) Prohibits any of the funds made available to the Department of Justice in this Act from being obligated for the FBI's Sentinel procurement until the Government Accountability Office (GAO) has certified to the Senate Committee on Appropriations that a performance measurement baseline has been established and the FBI is using a performance-based management system that complies with the American National Standards Institute/Electronic Industries Alliance Standard 748-A, as required by Office of Management and Budget (OMB) "Circular A-11, Part 7" to measure achievement of the cost, schedule, and performance goals.
(Sec 114) Prohibits the use of funds for any work, development, or procurement of the Sentinel information technology program phases II, III, or IV until the GAO certifies to the Senate Committee on Appropriations that the phase under construction has reached 70% completion of the planned work and that the estimated cost to complete such phase does not exceed 35% of the budgeted cost for it.
(Sec. 115) Requires funds appropriated by this Act for the federal prison system to be in the amounts and accounts specified in the report accompanying this Act, provided that the Bureau of Prisons submits a comprehensive financial plan for such system to the Senate Committee on Appropriations. Prohibits any funds appropriated for the federal prison system in this or any other appropriations Act for the construction of new facilities from being rescinded, canceled, or used for any other purpose.
(Sec. 116) Amends section 112 of title I as contained in division B of the Consolidated Appropriations Act, 2004, to: (1) require the Alaska Rural Justice and Law Enforcement Commission to add as members of the Commission the Commissioner of Health & Social Services for Alaska and a representative of an Alaska Native healthcare provider; (2) permit the chief judge for the Federal District Court for the District of Alaska to appoint a non-voting judge to also provide technical support to the Commission; and (3) authorize the Chief Justice of the Alaska Supreme Court to appoint a non-voting representative of the Alaska Supreme Court to provide such support to the Commission.
Title II: Department of Commerce and Related Agencies - Department of Commerce and Related Agencies Appropriations Act, 2007 - Makes appropriations for FY2007 for: (1) the Office of the U.S. Trade Representative; (2) the International Trade Commission; (3) the International Trade Administration (ITA); (4) the Bureau of Industry and Security; (5) the Economic Development Administration; (6) the Minority Business Development Agency; (7) economic and statistical analysis programs; (8) the Bureau of the Census; (9) the National Telecommunications and Information Administration; (10) public telecommunications facilities planning and construction grants; (11) the U.S. Patent and Trademark Office; (12) the Under Secretary for Technology; (13) the National Institute of Standards and Technology (NIST), including amounts for the Hollings Manufacturing Extension Partnership of NIST and for construction of new research facilities; (14) the National Oceanic and Atmospheric Administration (NOAA), including transfers of funds and an amount for procurement, acquisition, and construction of capital assets; (15) restoration of Pacific salmon populations; (16) the Coastal Zone Management Fund (including transfer of funds); (17) the fisheries finance program account; and (18) departmental management, including for the Department of Commerce Office of Inspector General.
Declares that, with regard to the Office of the U.S. Trade Representative and the ITA, negotiations shall be conducted within the World Trade Organization (WTO) to recognize the right of members to distribute monies collected from antidumping and countervailing duties. Instructs that the negotiations be conducted within the WTO consistent with the negotiating objectives contained in the Trade Act of 2002.
Exempts the ITA from the requirements of Circular A-25 (or any successor administrative regulation or policy) issued by OMB.
Directs the Secretary of Commerce to include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget an estimate for each NIST construction project having a total multi-year program cost of more than $5 million and, simultaneously, requires the budget justification materials to include an estimate of the budgetary requirements for each such project for each of the five subsequent fiscal years.
Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 203) Prohibits more than 5% of any appropriation made available for the current fiscal year for the Department of Commerce in this Act from being transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10% by any such transfers. Provides that, for NOAA, this section shall provide for transfers among appropriations made only to NOAA. Prohibits such appropriations from being transferred and reprogrammed to other Department of Commerce bureaus and appropriation accounts.
(Sec. 205) States that funds made available for salaries and expenses to administer the Emergency Steel Loan Guarantee Program under Public Law 108-199 (Consolidated Appropriations Act, 2004) shall remain available until expended.
(Sec. 206) Prohibits the use of any funds under this Act to register, issue, transfer, or enforce any trademark of the phrase "Last Best Place."
(Sec. 207) Provides, from the amount made available from the fund entitled "Promote and Develop Fishery Products and Research Pertaining to American Fisheries", specified amounts to be provided to: (1) the Alaska Fisheries Marketing Board; and (2) the Southern Shrimp Alliance for its "Wild American Shrimp Marketing Program."
(Sec. 208) Requires, from the amounts made available elsewhere in this title for the "National Institute of Standards and Technology, Construction of Research Facilities," specified amounts be made available for: (1) the Research Technology and Economic Development Park at Mississippi State University; (2) the Biotechnology Research Park the University of Mississippi; (3) ) the Alabama State University Science and Education Building; (4) Tuscaloosa, Alabama, revitalization; (5) the Biomedical Research Center at the University of Alabama at Birmingham; (6) the University of Alabama for the design and construction of the Science and Engineering Center; (7) a cooperative agreement with the Medical University of South Carolina; and (8) biodefense research facility construction and renovation.
(Sec. 209) Permits the Secretary of Commerce to prescribe and enforce standards or regulations affecting safety and health in the context of scientific and occupational diving within the NOAA.
(Sec. 210) Requires, if at any time during any quarter, the program manager of a major Department of Commerce contract totaling more than $50 million has reasonable cause to believe that the total program cost has increased by 10%, such manager to immediately inform the Secretary of Commerce. Requires such Secretary to notify the Senate Committee on Appropriations within 30 days in writing of such increase.
Title III: Science - Science Appropriations Act, 2007 - Makes appropriations for FY2007 for: (1) the Office of Science and Technology Policy; (2) the National Aeronautics and Space Administration (NASA), including for expenses in carrying out return to flight activities associated with the space shuttle (including transfer of funds), expenses related to the consequences of Hurricane Katrina and other hurricanes of the 2005 season (including transfer of funds), and the Office of Inspector General; and (3) the National Science Foundation (NSF), including for carrying out science and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950, the Office of the National Science Board, and the Office of Inspector General.
Prohibits the use of any funds under the heading "Office of Science and Technology Policy" for the Office of Director for Legislative Affairs.
Requires, for FY2008 and each year thereafter, NASA to provide, at a minimum, specified information in its annual budget justification, including: (1) the actual, current, and proposed funding level and estimated budgets for the next five fiscal years by directorate, theme, program, project, and activity within each appropriations account; (2) concurrent with the submission of the budget to Congress, that an accompanying volume be provided only to the Committee on Appropriations containing specified information for each center and federally funded research and development center operated by NASA; and (3) sufficient narrative be provided to explain the request for each program, project, and activity, and explanation for any deviation to adopted baselines for all volumes provided to such Committee.
States that funding made available under the headings "Exploration Capabilities" and "Science, Aeronautics and Exploration" in this Act shall be governed by the terms and conditions specified in the statement of managers accompanying the conference report for this Act.
Title IV: Related Agencies - Makes appropriations for FY2007 for: (1) the Commission on Civil Rights; (2) the Equal Employment Opportunity Commission (EEOC); (3) the Federal Communications Commission (FCC); (4) the Federal Trade Commission (FTC); (5) the Legal Services Corporation; (6) the Marine Mammal Commission; (7) the National Veterans Business Development Corporation; (8) the Securities and Exchange Commission (SEC); (9) the Small Business Administration (SBA), including the Office of Inspector General, the Surety Bond Guarantees Revolving Fund, the Business Loans Program Account (including transfers of funds), and the Disaster Loans Program Account (including transfers of funds); and (10) the State Justice Institute.
Prohibits the use of any funds made available under the heading "Salaries and Expenses" (of the EEOC) to: (1) fund the position of Chief Operating Officer; and (2) operate the National Contact Center.
Bars the EEOC from taking any action to implement any workforce repositioning, restructuring, or reorganization until such time as the Senate Committee on Appropriations has been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act.
Prohibits, hereafter, any funds appropriated in this or any other Act from being expended to remove the FTC from its headquarters building (the Federal Trade Commission Building) to render such building appropriate for occupation by another federal agency.
Authorizes the SBA to award grants under the Women's Business Center Sustainability Pilot Program. Requires that, of amounts provided for Women's Business Centers, not less than 40% shall be available to continue such Centers in sustainability status.
Directs the Administrator of the SBA to assign or hire staff with primary responsibility for: (1) developing and implementing the comprehensive disaster response plan of the SBA; (2) conducting and coordinating training for all employees involved in disaster response; and (3) conducting and coordinating disaster training exercises with other federal agencies. Allows such Administrator, in the event of a major disaster, to authorize a district office of the SBA to process disaster loans under the Small Business Act.
Title V: General Provisions - Specifies certain uses and limits on or prohibitions against the use of funds appropriated by this Act.
(Sec. 501) Requires the Departments of Commerce and Justice, the NSF, NASA, FCC, SEC, and SBA to provide the House and Senate Appropriations Committees with a quarterly accounting of the cumulative balances of any unobligated funds that were made available to any such agency in any previous appropriations Act.
(Sec. 502) Prohibits any part of any appropriation contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided herein.
(Sec. 505) Prohibits the reprogramming of funds as specified, including any reprogramming that either creates a new program or eliminates an existing program, unless the Appropriations Committees of the House and Senate are notified 15 days in advance.
(Sec. 506) Prohibits, hereafter, the use of any of the funds made available in this Act or any other Act for the construction, repair (other than emergency repair), overhaul, conversion, or modernization of vessels for NOAA in shipyards located outside of the United States.
(Sec. 507) Provides that, if it has been finally determined by a court or federal agency that any person intentionally affixed a label bearing a "Made in America" inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, such person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in the Code of Federal Regulations.
(Sec. 508) Requires any costs incurred by a department or agency funded under this Act resulting from personnel actions taken in response to funding reductions included in this Act to be absorbed within the total budgetary resources available to such department or agency.
(Sec. 509) Prohibits the use of funds in this Act to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products (except for the reduction or removal of restrictions which are not applied equally to all tobacco or tobacco products of the same type).
(Sec. 511) Bars amounts deposited or available in the Crime Victims Fund in any fiscal year in excess of $625 million from being available for obligation until the following fiscal year.
(Sec. 512) Prohibits any of the funds made available to the Department of Justice in this Act from being used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.
(Sec. 514) Requires all disaster loans issued in Alaska or North Dakota to be administered by the SBA and to not be sold during FY2007.
(Sec. 515) Declares that the Secretary of Commerce, with the consent of the President, shall represent the U.S. Government in negotiating and monitoring international agreements regarding fisheries, marine mammals, or sea turtles. Makes such Secretary responsible for the development and interdepartmental coordination of U.S. policies with respect to such negotiations and agreements.
(Sec. 516) Subjects any funds provided by this Act to implement E-Government initiatives to the procedures set forth in sec. 505 of this Act. Requires any reprogramming request related to any E-Government Initiative to include a cost-benefit analysis, the business metrics used by the department or agency to measure successful implementation, and all savings achieved by the department or agency from its contributions to E-Government Initiatives. States that all reprogramming requests must demonstrate that benefits from the transfer for an E-Government Initiative are greater than the original purpose for which the funds were appropriated. Makes these requirements applicable to future budget submissions and reprogramming requests for the current and future fiscal years. Provides for the reprogramming request to also include a certification by the department or agency inspector general that the documentation validates the outcomes of the E-Government Initiative cost-benefit analysis.
(Sec. 517) Requires the ATF Bureau to include certain disclaimers in data releases on the limitations of data in firearms tracing studies with respect to firearms-related crime.
(Sec. 518) Prohibits the use of any of the funds appropriated or otherwise made available under this Act to issue patents on claims directed to or encompassing a human organism.
(Sec. 519) Prohibits the use of funds under this Act for the support or justification of the use of torture by any official or contract employee of the . U.S. government.
(Sec. 520) Prohibits any funds made available under this Act or any other Act from being spent to pay administrative expenses or to compensate a U.S. officer or employee in connection with requiring an export license for the export to Canada of components, parts, accessories, or attachments for certain firearms with a total value not exceeding $500 wholesale in any transaction, provided that specified conditions are met by the exporting party. Requires the District Directors of Customs and postmasters to permit the export without a license of any such unclassified articles to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen. Allows the President to require export licenses on a temporary basis under this section if, the Government of Canada has inadequate import controls for the articles specified in this section, such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation.
(Sec. 521) Bars any department, agency, or U.S. instrumentality receiving appropriated funds under this Act or any other Act from obligating or spending such funds to pay administrative expenses or the compensation of any U.S. officer or employee to deny any application for a permit to import U.S. origin "curios or relics" firearms, parts, or ammunition.
(Sec. 522) Prohibits any funds from being reprogrammed within or transferred between appropriations after June 30, except in extraordinary circumstances.
(Sec. 523) Deems funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities to be specifically authorized by Congress for the purposes of the funding of such activities pursuant to the National Security Act of 1947 during FY2007 until the enactment of the Intelligence Authorization Act for Fiscal Year 2007.
(Sec. 524) Directs the Office of Inspector Generals funded under this Act to forward copies of all audit reports to the Senate Committee on Appropriations immediately after they are issued and immediately make such Committee aware of any review that recommends cancellation of, or modification to, any major acquisition project or grant, or that recommends significant budgetary savings. Instructs such Office of Inspector Generals to withhold from public distribution, for a 15-day period, any final audit or investigation report that was requested by such Committee.
(Sec. 525) Prohibits, hereafter, the use of any of the funds made available by Congress to implement, administer, or enforce any guidelines of the EEOC covering harassment based on religion when it is made known to the federal entity or official to which such funds are made available that such guidelines do not differ in any respect from the proposed guidelines published by the EEOC on October 1, 1993.
(Sec. 526) Prohibits the use of any of the funds in this Act or prior Acts making appropriations for the Department of Justice to make a grant allocation, a discretionary grant award, or a discretionary contract award that is specified in the report accompanying this Act, or to publicly announce the intention to make such an award, unless the Attorney General, Secretary, Administrator, or Director of the appropriate agency or bureau notifies the Senate Committee on Appropriations, at least three full business days in advance. Bars any notification from involving funds that are not available for obligation.
(Sec. 527) Amends the Universal Service Antideficiency Temporary Suspension Act to extend, for an additional year, the Universal Service Fund exemption from the Antideficiency Act.
(Sec. 528) Provides a specified amount from funds previously appropriated to the SBA in Public Law 109-108 (Science, State, Justice, Commerce, and Related Agencies Appropriations Act, 2006) for the town of Millry to be used for the Millry Improvements Association as reimbursement for the costs of the previously constructed Millry Area Veterans Memorial.
(Sec. 529) Amends the Communications Act of 1934 to prohibit the FCC, in implementing the requirements of such Act with respect to the distribution and use of federal universal service support, from limiting such distribution and use to a single connection or primary line. Makes all residential and business lines served by an eligible telecommunications carrier eligible for such support.
(Sec. 530) Prohibits the use of any of the funds provided in this Act to implement an involuntary reduction in force at any NASA center during FY2007.
(Sec. 531) Prohibits any of the funds appropriated by this Act from being used by the FCC to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004, recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on such payments.
(Sec. 532) Contact Lens Consumer Protection Act - Amends the Fairness to Contact Lens Consumers Act to require contact lens manufacturers to make the lenses available in a commercially reasonable and nondiscriminatory manner to: (1) prescribers and associated entities; and (2) alternative channels of distribution. (Excludes specified types of lenses, including lenses that are custom designed and manufactured for an individual patient and are not mass produced or marketed.)
Prohibits any such entities from knowingly filling a prescription that is expired.
Requires the FTC to prescribe rules to carry out this section. Treats violations of this section or the rules required under such prohibition as unfair or deceptive acts or practices.
(Sec. 533) Amends the Crime Control Act of 1990 to increase fines applicable to providers of electronic communication services or remote computing services who knowingly and willfully fail to report knowledge of facts or circumstances of violations of certain sex-related crimes to the Cyber Tip Line at the National Center for Missing and Exploited Children.
Makes it unlawful for the operator of a website that is primarily operated for commercial purposes knowingly, and with knowledge of the character of the material, to place sexually explicit material on such website unless: (1) the first page of the website viewable on the Internet does not include any sexually explicit material; and (2) each page or screen of the website that does contain such material also displays the matter prescribed by the FTC pursuant to this section. Excepts from such prohibition any website access which is restricted to a specific set of individuals through a password or other access restriction mechanism.
Directs the FTC to promulgate regulations establishing clearly identifiable marks or notices to be included in the code or on the pages or screens of a website that contains sexually explicit material to inform any person who accesses that website of the nature of the material and to facilitate the filtering of such pages or screens. Excludes from such requirement telecommunications carriers and other specified service providers.
Prohibits multichannel video programming distributors from distributing child pornography.
Makes it unlawful for any person to embed deceptive words, symbols, or images in a website to deceive: (1) another person into viewing obscene material; and (2) a minor into viewing material that is harmful to minors.
Revises provisions allowing victims of certain sex-related crimes to seek civil remedies to: (1) allow adults as well as minors to sue for injuries; and (2) increase from $50,000 to $150,000 the minimum level of damages.
Title VI: Rescissions - Rescinds certain unobligated balances available to the Department of Justice for: (1) the Violent Crime Reduction Trust Fund; (2) general administration (Telecommunications Carrier Compliance Fund); (3) the Counterterrorism Fund; (4) legal activities (Assets Forfeiture Fund); (5) U.S. Attorneys (salaries and expenses) and (6) the Office of Justice programs for justice assistance and community oriented policing services.
Rescinds certain unobligated balances available to the SBA for: (1) salaries and expenses; (2) the business loans program account; and (3) the disaster loans program account.