To waive certain matching requirements for counties and parishes in which the President declared a major disaster in response to Hurricane Katrina of 2005 or Hurricane Rita of 2005.

TEXT OF AMENDMENTS

SA 3208. Mr. BINGAMAN (for himself, Mr. Smith, Ms. Cantwell, Mr.
Feingold, Mr. Salazar, Mr. Baucus, and Mr. Dorgan) submitted an
amendment intended to be proposed by him to the bill 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; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. NATIVE AMERICAN METHAMPHETAMINE ENFORCEMENT AND
TREATMENT ACT OF 2007.

(a) Short Title.--This section may be cited as the ``Native
American Methamphetamine Enforcement and Treatment Act of
2007''.
(b) Native American Participation in Methamphetamine
Grants.--
(1) In general.--Section 2996(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc(a)) is
amended--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``, territories, and Indian tribes (as defined in section
2704)'' after ``to assist States''; and
(ii) in subparagraph (B), by striking ``and local'' and
inserting ``, territorial, Tribal, and local'';
(B) in paragraph (2), by inserting ``, territories, and
Indian tribes'' after ``make grants to States''; and
(C) in paragraph (3)(C), by inserting ``, Tribal,'' after
``support State''.
(2) Grant programs for drug endangered children.--Section
755(a) of the USA PATRIOT Improvement and Reauthorization Act
of 2005 (42 U.S.C. 3797cc-2(a)) is amended by inserting ``,
territories, and Indian tribes (as defined in section 2704 of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797d))'' after ``make grants to States''.
(3) Grant programs to address methamphetamine use by
pregnant and parenting women offenders.--Section 756 of the
USA PATRIOT Improvement and Reauthorization Act of 2005 (42
U.S.C. 3797cc-3) is amended--
(A) in subsection (a)(2), by inserting ``, territorial, or
Tribal'' after ``State'';
(B) in subsection (b)--
(i) in paragraph (1)--

(I) by inserting ``, territorial, or Tribal'' after
``State''; and
(II) by striking ``and/or'' and inserting ``or'';

(ii) in paragraph (2)--

(I) by inserting ``, territory, Indian tribe,'' after
``agency of the State''; and
(II) by inserting ``, territory, Indian tribe,'' after
``criminal laws of that State''; and

(iii) by adding at the end the following:
``(C) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 2704 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797d).'';
and
(C) in subsection (c)--
(i) in paragraph (3), by striking ``Indian Tribes'' and
inserting ``Indian tribes''; and
(ii) in paragraph (4)--

(I) in the matter preceding subparagraph (A)--

(aa) by striking ``State's''; and
(bb) by striking ``and/or'' and inserting ``or'';

(II) in subparagraph (A), by striking ``State'';
(III) in subparagraph (C), by inserting ``, Indian
tribes,'' after ``involved counties''; and
(IV) in subparagraph (D), by inserting ``, Tribal'' after
``Federal, State''.

______

SA 3209. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill 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; which
was ordered to lie on the table; as follows:

On page 97, between lines 9 and 10, insert the following:
Sec. 528.  Section 504(a)(11)(E) of the Omnibus
Consolidated Rescissions and Appropriations Act of 1996
(Public Law 104-134; 110 Stat. 1321-55) is amended by
inserting before ``an alien'' the following: ``a nonimmigrant
worker admitted to, or permitted to remain in, the United
States under section 101(a)(15)(H)(ii)(b) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) for
forestry labor or''.
______

SA 3210. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill 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; as
follows:

On page 26, after line 24, add the following:

SEC. 114. INTANGIBLE ASSETS INVESTMENT STUDY.

(a) In General.--Not later than 60 days after the date of
the enactment of this Act, the Director of the Bureau of
Economic Analysis of the Department of Commerce shall enter
into an agreement with the Council of the National Academy of
Sciences to conduct a study, which shall--
(1) recommend steps to improve the measurement of
intangible assets and their incorporation in the National
Income and Product Accounts;
(2) identify and estimate the size of the Federal
Government's investment in intangible assets;
(3) survey other countries' efforts to measure and promote
investments in intangible assets; and
(4) recommend policies to accelerate private and public
investment in the types of intangible assets most likely to
contribute to economic growth.
(b) Completion.--The National Academy of Sciences shall
complete the study described in subsection (a) not later than
18 months after the date on which the agreement described in
subsection (a) was signed.
(c) Funding.--From the funds appropriated for economic and
statistical analysis under this title, the Secretary of
Commerce shall set aside sufficient amounts to complete the
study described in subsection (a).
______

SA 3211. Ms. MIKULSKI (for herself and Mr. Shelby) proposed an
amendment to the bill 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;
as follows:

That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008, and for other purposes, namely:

TITLE I

DEPARTMENT OF COMMERCE

International Trade Administration

operations and administration

For necessary expenses for international trade activities
of the Department of Commerce provided for by law, and for
engaging in trade promotional activities abroad, including
expenses of grants and cooperative agreements for the purpose
of promoting exports of United States firms, without regard
to 44 U.S.C. 3702 and 3703; full medical coverage for
dependent members of immediate families of employees
stationed overseas and employees temporarily posted overseas;
travel and transportation of employees of the United States
and Foreign Commercial Service between two points abroad,
without regard to 49 U.S.C. 40118; employment of Americans
and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of
alteration, repair, or improvement; purchase or construction
of temporary demountable exhibition structures for use
abroad; payment of tort claims, in the manner authorized in
the first paragraph of 28 U.S.C. 2672 when such claims arise
in foreign countries; not to exceed $327,000 for official
representation expenses abroad; purchase of passenger motor
vehicles for official use abroad, not to exceed $45,000 per
vehicle; obtaining insurance on official motor vehicles; and
rental of tie lines, $425,431,000, to remain available until
September 30, 2009, of which $8,000,000 is to be derived from
fees to be retained and used by the International Trade
Administration, notwithstanding 31 U.S.C. 3302: Provided,
That $49,564,000 shall be for Manufacturing and Services;
$44,960,000 shall be for Market Access and Compliance;
$66,601,000 shall be for the Import Administration;
$229,702,000 shall be for the United States and Foreign
Commercial Service; and $26,604,000 shall be for Executive
Direction and Administration: Provided further, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities without regard to
section 5412 of the Omnibus Trade and Competitiveness Act of
1988 (15 U.S.C. 4912); and that for the purpose of this Act,
contributions under the provisions of the Mutual Educational
and Cultural Exchange Act of 1961 shall include payment for
assessments for services provided as part of these
activities: Provided further, That the International Trade
Administration shall be exempt from the requirements of
Circular A-25 (or any successor administrative regulation or
policy) issued by the Office of Management and Budget:
Provided further, That negotiations shall be conducted within
the World Trade Organization to recognize the right of
members to distribute monies collected from antidumping

[[Page S12789]]

and countervailing duties: Provided further, That
negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210.

Bureau of Industry and Security

operations and administration

For necessary expenses for export administration and
national security activities of the Department of Commerce,
including costs associated with the performance of export
administration field activities both domestically and abroad;
full medical coverage for dependent members of immediate
families of employees stationed overseas; employment of
Americans and aliens by contract for services abroad; payment
of tort claims, in the manner authorized in the first
paragraph of 28 U.S.C. 2672 when such claims arise in foreign
countries; not to exceed $15,000 for official representation
expenses abroad; awards of compensation to informers under
the Export Administration Act of 1979, and as authorized by
22 U.S.C. 401(b); and purchase of passenger motor vehicles
for official use and motor vehicles for law enforcement use
with special requirement vehicles eligible for purchase
without regard to any price limitation otherwise established
by law, $78,776,000, to remain available until expended, of
which $14,767,000 shall be for inspections and other
activities related to national security: Provided, That the
provisions of the first sentence of section 105(f) and all of
section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall
apply in carrying out these activities: Provided further,
That payments and contributions collected and accepted for
materials or services provided as part of such activities may
be retained for use in covering the cost of such activities,
and for providing information to the public with respect to
the export administration and national security activities of
the Department of Commerce and other export control programs
of the United States and other governments.

Economic Development Administration

economic development assistance programs

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

salaries and expenses

For necessary expenses of administering the economic
development assistance programs as provided for by law,
$32,800,000: Provided, That these funds may be used to
monitor projects approved pursuant to title I of the Public
Works Employment Act of 1976, title II of the Trade Act of
1974, and the Community Emergency Drought Relief Act of 1977.

Minority Business Development Agency

minority business development

For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business
enterprise, including expenses of grants, contracts, and
other agreements with public or private organizations,
$30,200,000.

Economic and Information Infrastructure

Economic and Statistical Analysis

salaries and expenses

For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of
Commerce, $85,000,000, to remain available until September
30, 2009.

Bureau of the Census

salaries and expenses

For expenses necessary for collecting, compiling,
analyzing, preparing, and publishing statistics, provided for
by law, $226,238,000.

periodic censuses and programs

For expenses to collect and publish statistics for periodic
censuses and programs provided for by law, $1,020,406,000, to
remain available until September 30, 2009.

National Telecommunications and Information Administration

salaries and expenses

For necessary expenses, as provided for by law, of the
National Telecommunications and Information Administration
(NTIA), $18,581,000, to remain available until September 30,
2009: Provided, That, notwithstanding 31 U.S.C. 1535(d), the
Secretary of Commerce shall charge Federal agencies for costs
incurred in spectrum management, analysis, and operations,
and related services and such fees shall be retained and used
as offsetting collections for costs of such spectrum
services, to remain available until expended: Provided
further, That the Secretary of Commerce is authorized to
retain and use as offsetting collections all funds
transferred, or previously transferred, from other Government
agencies for all costs incurred in telecommunications
research, engineering, and related activities by the
Institute for Telecommunication Sciences of NTIA, in
furtherance of its assigned functions under this paragraph,
and such funds received from other Government agencies shall
remain available until expended.

public telecommunications facilities, planning and construction

For the administration of grants authorized by section 392
of the Communications Act of 1934, $20,000,000, to remain
available until expended: Provided, That not to exceed
$2,000,000 shall be available for program administration as
authorized by section 391 of the Act: Provided further, That,
notwithstanding the provisions of section 391 of the Act, the
prior year unobligated balances may be made available for
grants for projects for which applications have been
submitted and approved during any fiscal year.

TECHNOLOGY OPPORTUNITIES PROGRAM

For grants authorized by sections 391 and 392 of the
Communications Act of 1934, as amended, $10,000,000, to
remain available until expended: Provided, That funds
provided under this heading shall be for competitive grants
for the construction of broadband services.

United States Patent and Trademark Office

salaries and expenses

For necessary expenses of the United States Patent and
Trademark Office provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the United States
Patent and Trademark Office, $1,915,500,000, to remain
available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as
offsetting collections assessed and collected pursuant to 15
U.S.C. 1113 and 35 U.S.C. 41 and 376 are received during
fiscal year 2008, so as to result in a fiscal year 2008
appropriation from the general fund estimated at $0: Provided
further, That during fiscal year 2008, should the total
amount of offsetting fee collections be less than
$1,915,500,000, this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$1,915,500,000 in fiscal year 2008, in an amount up to
$100,000,000, shall remain available until expended: Provided
further, That not less than 1,020 full-time equivalents,
1,082 positions and $214,150,000 shall be for the examination
of trademark applications; and not less than 8,522 full-time
equivalents, 9,000 positions and $1,701,402,000 shall be for
the examination and searching of patent applications:
Provided further, That not less than $18,000,000 shall be for
training of personnel: Provided further, That any deviation
from the full-time equivalent, position, and funding
designations set forth in the preceding provisos shall be
subject to the procedures set forth in section 505 of this
Act: Provided further, That from amounts provided herein, not
to exceed $5,000 shall be made available in fiscal year 2008
for official reception and representation expenses: Provided
further, That notwithstanding section 1353 of title 31,
United States Code, no employee of the United States Patent
and Trademark Office may accept payment or reimbursement from
a non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an employee to attend
and participate in a convention, conference, or meeting when
the entity offering payment or reimbursement is a person or
corporation subject to regulation by the Office, or
represents a person or corporation subject to regulation by
the Office, unless the person or corporation is an
organization exempt from taxation pursuant to section
501(c)(3) of the Internal Revenue Code of 1986: Provided
further, That in fiscal year 2008, from the amounts made
available for ``Salaries and Expenses'' for the United States
Patent and Trademark Office (PTO), the amounts necessary to
pay: (1) the difference between the percentage of basic pay
contributed by the PTO and employees under section 8334(a) of
title 5, United States Code, and the normal cost percentage
(as defined by section 8331(17) of that title) of basic pay,
of employees subject to subchapter III of chapter 83 of that
title; and (2) the present value of the otherwise unfunded
accruing costs, as determined by the Office of Personnel
Management, of post-retirement life insurance and post-
retirement health benefits coverage for all PTO employees,
shall be transferred to the Civil Service Retirement and
Disability Fund, the Employees Life Insurance Fund, and the
Employees Health Benefits Fund, as appropriate, and shall be
available for the authorized purposes of those accounts:
Provided further, That sections 801, 802, and 803 of Division
B, Public Law 108-447 shall remain in effect during fiscal
year 2008: Provided further, That the Director may reduce
patent filing fees payable in 2008 for documents filed
electronically consistent with Federal regulation.

National Institute of Standards and Technology

scientific and technical research and services

For necessary expenses of the National Institute of
Standards and Technology, $502,117,000, to remain available
until expended, of which not to exceed $12,500,000 may be
transferred to the ``Working Capital Fund'': Provided, That
not to exceed $7,500 shall be for official reception and
representation expenses.

industrial technology services

For necessary expenses of the Hollings Manufacturing
Extension Partnership of the National Institute of Standards
and Technology, $110,000,000, to remain available until
expended.
In addition, for necessary expenses of the Advanced
Technology Program of the National Institute of Standards and
Technology, $100,000,000, to remain available until expended,
of which not to exceed $1,500,000 shall be for Institutional
Support: Provided,

[[Page S12790]]

That no single applicant awards shall be made to companies
with revenues greater than $1,000,000,000: Provided further,
That funds shall not support Standards Development pursuant
to 15 U.S.C. 278n(h).

construction of research facilities

For construction of new research facilities, including
architectural and engineering design, and for renovation and
maintenance of existing facilities, including agency
recreational and welfare facilities, not otherwise provided
for the National Institute of Standards and Technology, as
authorized by 15 U.S.C. 278c-278e, $150,900,000, to remain
available until expended: Provided, That the Secretary of
Commerce shall include in the budget justification materials
that the Secretary submits to Congress in support of the
Department of Commerce budget (as submitted with the budget
of the President under section 1105(a) of title 31, United
States Code) an estimate for each National Institute of
Standards and Technology construction project having a total
multi-year program cost of more than $5,000,000 and
simultaneously the budget justification materials shall
include an estimate of the budgetary requirements for each
such project for each of the five subsequent fiscal years:
Provided further, That notwithstanding any other provision of
law, of the amount made available for construction of
research facilities, $8,000,000 shall be for the University
of Mississippi Medical Center Biotechnology Research Park;
$8,000,000 shall be for the Mississippi State University
Research, Technology and Economic Development Park;
$2,000,000 shall be for the University of Southern
Mississippi Innovation and Commercialization Park
Infrastructure and Building Construction and Equipage;
$5,000,000 shall be for the Alabama State University Life
Sciences Building; and $30,000,000 shall be for laboratory
and research space at the University of South Alabama
Engineering and Science Center.

National Oceanic and Atmospheric Administration

operations, research, and facilities

(including transfers of funds)

For necessary expenses of activities authorized by law for
the National Oceanic and Atmospheric Administration,
including maintenance, operation, and hire of aircraft and
vessels; grants, contracts, or other payments to nonprofit
organizations for the purposes of conducting activities
pursuant to cooperative agreements; and relocation of
facilities, $3,036,888,000, to remain available until
September 30, 2008, except for funds provided for cooperative
enforcement, which shall remain available until September 30,
2009: Provided, That fees and donations received by the
National Ocean Service for the management of national marine
sanctuaries may be retained and used for the salaries and
expenses associated with those activities, notwithstanding 31
U.S.C. 3302: Provided further, That in addition, $3,000,000
shall be derived by transfer from the fund entitled ``Coastal
Zone Management'' and in addition $77,000,000 shall be
derived by transfer from the fund entitled ``Promote and
Develop Fishery Products and Research Pertaining to American
Fisheries'': Provided further, That of the $3,121,888,000
provided for in direct obligations under this heading
$3,036,888,000 is appropriated from the general fund,
$80,000,000 is provided by transfer, and $5,000,000 is
derived from recoveries of prior year obligations: Provided
further, That of the funds provided under this heading,
$250,000 is made available until expended subject to
procedures set forth in section 209 of Public Law 108-447:
Provided further, That no general administrative charge shall
be applied against an assigned activity included in this Act
or the report accompanying this Act: Provided further, That
the total amount available for the National Oceanic and
Atmospheric Administration corporate services administrative
support costs shall not exceed $209,179,000: Provided
further, That payments of funds made available under this
heading to the Department of Commerce Working Capital Fund
including Department of Commerce General Counsel legal
services shall not exceed $34,425,000: Provided further, That
any deviation from the amounts designated for specific
activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act: Provided further, That grants to
States pursuant to sections 306 and 306A of the Coastal Zone
Management Act of 1972, as amended, shall not exceed
$2,000,000, unless funds provided for ``Coastal Zone
Management Grants'' exceed funds provided in the previous
fiscal year: Provided further, That if funds provided for
``Coastal Zone Management Grants'' exceed funds provided in
the previous fiscal year, then no State shall receive more
than 5 percent or less than 1 percent of the additional
funds: Provided further, That for fiscal year 2008 and
hereafter the Administrator of the National Oceanic and
Atmospheric Administration may engage in formal and informal
education activities, including primary and secondary
education, related to the agency's mission goals: Provided
further, That in accordance with section 215 of Public Law
107-372 the number of officers in the NOAA Commissioned
Officer Corps shall increase to 321: Provided further, That
for fiscal year 2009 and hereafter the National Oceanic and
Atmospheric Administration shall submit its budget request to
Congress concurrently with its submission to the Office of
Management and Budget: Provided further, That of the funds
provided, $15,000,000 is provided for the alleviation of
economic impacts associated Framework 42 on the Massachusetts
groundfish fishery.
In addition, for necessary retired pay expenses under the
Retired Serviceman's Family Protection and Survivor Benefits
Plan, and for payments for the medical care of retired
personnel and their dependents under the Dependents Medical
Care Act (10 U.S.C. ch. 55), such sums as may be necessary.

procurement, acquisition and construction

For procurement, acquisition and construction of capital
assets, including alteration and modification costs, of the
National Oceanic and Atmospheric Administration,
$1,089,000,000, to remain available until September 30, 2009,
except funds provided for construction of facilities which
shall remain available until expended: Provided, That of the
amounts provided for the National Polar-orbiting Operational
Environmental Satellite System, funds shall only be made
available on a dollar-for-dollar matching basis with funds
provided for the same purpose by the Department of Defense:
Provided further, That except to the extent expressly
prohibited by any other law, the Department of Defense may
delegate procurement functions related to the National Polar-
orbiting Operational Environmental Satellite System to
officials of the Department of Commerce pursuant to section
2311 of title 10, United States Code: Provided further, That
any deviation from the amounts designated for specific
activities in the report accompanying this Act, or any use of
deobligated balances of funds provided under this heading in
previous years, shall be subject to the procedures set forth
in section 505 of this Act.

pacific coastal salmon recovery

For necessary expenses associated with the restoration of
Pacific salmon populations, $90,000,000.

coastal zone management fund

(including transfer of funds)

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

fisheries finance program account

Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2008, obligations of direct loans
may not exceed $8,000,000 for Individual Fishing Quota loans
as authorized by the Merchant Marine Act of 1936.

Other

Departmental Management

salaries and expenses

For expenses necessary for the departmental management of
the Department of Commerce provided for by law, including not
to exceed $5,000 for official entertainment, $53,193,000.

HCHB RENOVATION AND MODERNIZATION

For expenses necessary for the renovation and modernization
of the Herbert C. Hoover Building, $5,100,000, to remain
available until expended.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (5 U.S.C. App.), $23,426,000.

NATIONAL INTELLECTUAL PROPERTY LAW ENFORCEMENT COORDINATION COUNCIL

For necessary expenses of the National Intellectual
Property Law Enforcement Coordination Council to coordinate
domestic and international intellectual property protection
and law enforcement relating to intellectual property among
Federal and foreign entities, $1,000,000.

General Provisions--Department of Commerce

(including transfer of funds)

Sec. 101. During the current fiscal year, applicable
appropriations and funds made available to the Department of
Commerce by this Act shall be available for the activities
specified in the Act of October 26, 1949 (15 U.S.C. 1514), to
the extent and in the manner prescribed by the Act, and,
notwithstanding 31 U.S.C. 3324, may be used for advanced
payments not otherwise authorized only upon the certification
of officials designated by the Secretary of Commerce that
such payments are in the public interest.
Sec. 102. During the current fiscal year, appropriations
made available to the Department of Commerce by this Act for
salaries and expenses shall be available for hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; services as authorized by 5 U.S.C. 3109; and uniforms
or allowances therefor, as authorized by law (5 U.S.C. 5901-
5902).
Sec. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Commerce in this Act may be transferred between such
appropriations, but no such appropriation shall be increased
by more than 10 percent by any such transfers: Provided, That
any transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section:
Provided further, That the Secretary of Commerce shall notify
the Senate

[[Page S12791]]

Committee on Appropriations at least 15 days in advance of
the acquisition or disposal of any capital asset (including
land, structures, and equipment) not specifically provided
for in this or any other Departments of Commerce, Justice,
Science, and Related Agencies Appropriations Act: Provided
further, That for the National Oceanic and Atmospheric
Administration this section shall provide for transfers among
appropriations made only to the National Oceanic and
Atmospheric Administration and such appropriations may not be
transferred and reprogrammed to other Department of Commerce
bureaus and appropriation accounts.
Sec. 104. Any costs incurred by a department or agency
funded under this title resulting from personnel actions
taken in response to funding reductions included in this
title or from actions taken for the care and protection of
loan collateral or grant property shall be absorbed within
the total budgetary resources available to such department or
agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry
out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of
funds to carry out this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
Sec. 105. Extension of Guarantee Authority. (a) In
General.--Section 101(k) of the Emergency Steel Loan
Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by
striking ``2007'' and inserting ``2009''.
(b) Conforming Amendments.--Paragraphs (1) and (2) of
section 101(b) of the Emergency Steel Loan Guarantee Act of
1999 (15 U.S.C. 1841 note) are each amended by striking ``in
1998'' and inserting ``since 1998''.
(c) Definition of Qualified Steel Company.--Subparagraph
(C) of section 101(c)(3) of the Emergency Steel Loan
Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by
striking ``, in 1998'' and inserting ``in 1998, and
thereafter,''.
(d) Salaries and Administrative Expenses.--The Emergency
Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note) is
amended by adding at the end the following:

``SEC. 103. SALARIES AND ADMINISTRATIVE EXPENSES.

``(a) In addition to funds made available under section
101(j) of the Emergency Steel Loan Guarantee Act of 1999 (15
U.S.C. 1841 note), up to $1,000,000 in funds made available
under section 101(f) of such Act may be used for salaries and
administrative expenses to administer the Emergency Steel
Loan Guarantee Program.
``(b) Funds made available for salaries and administrative
expenses to administer the Emergency Steel Loan Guarantee
Program shall remain available until expended.''.
Sec. 106. Notwithstanding any other provision of law, no
funds appropriated under this Act shall be used to register,
issue, transfer, or enforce any trademark of the phrase
``Last Best Place''.
Sec. 107. Section 3315(b) of title 19, United States Code,
is amended by inserting ``, including food when
sequestered,'' following ``for the establishment and
operations of the United States Section and for the payment
of the United States share of the expenses''.
Sec. 108. Notwithstanding the requirements of subsection
4703(d), the personnel management demonstration project
established by the Department of Commerce pursuant to 5
U.S.C. 4703 may be expanded to involve more than 5,000
individuals, and is extended indefinitely.
Sec. 109. (a) The Stevenson-Wydler Technology Innovation
Act of 1980 (Public Law 96-480), as amended, is amended by:
(1) deleting section 5;
(2) deleting paragraphs (1) and (3) of section 4; and
(3) redesignating paragraphs (2) and (4) through (13) as
paragraphs (1) through (11).
(b) Section 212(b) of the National Technical Information
Act of 1988 (Public Law 100-519), as amended, is amended by
striking ``Under Secretary of Commerce for Technology'' and
inserting ``Director of the National Institute of Standards
and Technology''.
Sec. 110. The Secretary of Commerce is permitted to
prescribe and enforce standards or regulations affecting
safety and health in the context of scientific and
occupational diving within the National Oceanic and
Atmospheric Administration.
Sec. 111. NOAA Pacific Regional Center. (a) In General.--
The National Oceanic and Atmospheric Administration (NOAA) is
authorized to engage in planning, design, acquisition,
renovation, construction and related activities to complete
NOAA's Pacific Regional Center on Ford Island, Hawaii,
consisting of the following: adaptive re-use and renovation
of hangars 175 and 176, and construction of a new
interconnecting building and other related structures. Funds
are hereby authorized to be appropriated for fiscal years
beginning after September 2007 for purposes of completing the
Center.
(b) Incremental Funding.--Of the funds appropriated
elsewhere in this Act, $20,250,000 are available for
obligation and expenditure as an additional increment to
funds previously appropriated for the NOAA Pacific Regional
Center. These funds may be expended incrementally through
multiple year contracts for design, construction and related
activities for the Center; and remain available until
expended.
Sec. 112. Papahanaumokuakea Fishery Reduction. (a) In
General.--The Papahanaumokuakea Marine National Monument was
created by Presidential proclamation on June 15, 2006 to
protect more than 7,000 marine and terrestrial species
including protection for the habitat for the endangered
Hawaiian monk seal, threatened Hawaiian green sea turtle and
other marine species. The Presidential proclamation will
phase out all commercial fishing by June 15, 2011. The
Secretary of Commerce is authorized to conduct a voluntary
capacity reduction program to remove all commercial fishing
capacity in the area prior to that date.
(b) Regulations.--The Secretary shall promulgate
regulations for the voluntary capacity reduction program
that:
(1) identifies eligible participants as those individuals
engaged in commercial fishing in the designated waters within
the Papahanaumokuakea Marine National Monument pursuant to a
valid commercial Federal fishing permit in the 2006 fishing
season;
(2) provides a mechanism to compensate eligible
participants for no more than the economic value of their
permits, their vessels or vessel endorsements, and fishing
gear;
(3) ensures that commercial fishing vessels of eligible
participants cannot be used in fishing anywhere in the world;
(4) for the commercial fishing vessels of eligible
participants, ensures
(A) that documentation be provided showing that such vessel
has been scrapped or scuttled or,
(B) that the Secretary of the department in which the Coast
Guard is operating places a title restriction on the fishing
vessel permanently prohibiting and effectively preventing its
use in fishing, and
(C) that the vessel must remain in Federal documentation
and that the Maritime Administration will prohibit the
reflagging of the vessel.
(c) Authorization.--There is authorized no more than
$7,500,000 and there is appropriated $7,500,000 of the amount
provided in this Act for National Oceanic and Atmospheric
Administration's ``Operations, research, and facilities'' to
implement this program.
(d) Clarification.--Nothing in this section is intended to
enlarge or diminish Federal or State title, jurisdiction, or
authority with respect to the waters of the Northwestern
Hawaiian Islands or the tidal or submerged lands under any
provision of State or Federal law.
Sec. 113. NIST Building 1 Extension. Of the funds
appropriated elsewhere in this Act, $28,000,000 are available
for obligation and expenditure as an additional increment to
funds previously appropriated for this project. These funds
may be expended incrementally through multiple year contracts
for design, construction and related activities for the
Building 1 Extension; and remain available until expended.
This title may be cited as the ``Department of Commerce
Appropriations Act, 2008''.

TITLE II

DEPARTMENT OF JUSTICE

General Administration

salaries and expenses

For expenses necessary for the administration of the
Department of Justice, $104,777,000, of which not to exceed
$3,317,000 is for security and construction of Department of
Justice facilities, to remain available until expended:
Provided, That the Attorney General is authorized to transfer
funds appropriated within General Administration to any
office in this account: Provided further, That no
appropriations for any office within General Administration
shall be increased or decreased by more than 5 percent by all
such transfers: Provided further, That $12,684,000 is for
Department Leadership; $7,664,000 is for Intergovernmental
Relations/External Affairs; $11,832,000 is for Executive
Support/Professional Responsibility; and $72,597,000 is for
the Justice Management Division: Provided further, That any
change in funding greater than 5 percent shall be submitted
for approval to the Senate Committee on Appropriations
consistent with the terms of section 505 of this Act:
Provided further, That this transfer authority is in addition
to transfers authorized under section 505 of this Act:
Provided further, That not to exceed $30,000 shall be
available for official reception and representation expenses.

justice information sharing technology

For necessary expenses for information sharing technology,
including planning, development, deployment and Departmental
direction, $95,795,000, to remain available until expended:
Provided, That, of the funds available, up to $21,000,000 is
for the unified financial management system to be
administered by the Unified Financial Management System
Executive Council.

tactical law enforcement wireless communications

For the costs of conversion to narrowband communications,
including the cost for operation and maintenance of Land
Mobile Radio legacy systems, $76,353,000, to remain available
until September 30, 2009: Provided, That the Attorney General
shall transfer to this account all funds made available to
the Department of Justice for the purchase of portable and
mobile radios: Provided further, That any transfer made under
the preceding proviso shall be subject to section 505 of this
Act: Provided further, That the Attorney General shall
transfer to the ``Narrowband Communications/Integrated
Wireless Network'' account all funds made available in this
Act to the Department of Justice for the purchase of portable
and mobile radios and

[[Page S12792]]

related infrastructure and any transfer made under this
section shall be subject to section 505 of this Act.

administrative review and appeals

For expenses necessary for the administration of pardon and
clemency petitions and immigration-related activities,
$251,499,000, of which $4,000,000 shall be derived by
transfer from the Executive Office for Immigration Review
fees deposited in the ``Immigration Examinations Fee''
account: Provided, That $4,000,000 shall be expended on the
Executive Office for Immigration Review's Legal Orientation
Programs.

detention trustee

For necessary expenses of the Federal Detention Trustee,
$1,265,872,000: Provided, That the Trustee shall be
responsible for managing the Justice Prisoner and Alien
Transportation System and for overseeing housing related to
such detention: Provided further, That any unobligated
balances available in prior years from the funds appropriated
under the heading ``Federal Prisoner Detention'' shall be
transferred to and merged with the appropriation under the
heading ``Detention Trustee'' and shall be available until
expended: Provided further, That funds not to exceed
$5,000,000 shall be considered ``funds appropriated for State
and local law enforcement assistance'' pursuant to 18 U.S.C.
4013(b).

office of inspector general

For necessary expenses of the Office of Inspector General,
$73,700,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character.

United States Parole Commission

salaries and expenses

For necessary expenses of the United States Parole
Commission as authorized, $12,194,000.

Legal Activities

general legal activities

salaries and expenses

(INCLUDING TRANSFER OF FUNDS)

For expenses necessary for the legal activities of the
Department of Justice, not otherwise provided for, including
not to exceed $20,000 for expenses of collecting evidence, to
be expended under the direction of, and to be accounted for
solely under the certificate of, the Attorney General; and
rent of private or Government-owned space in the District of
Columbia, $753,000,000, of which not to exceed $10,000,000 is
for litigation support contracts and shall remain available
until expended: Provided, That of the total amount
appropriated, not to exceed $1,000 shall be available to the
United States National Central Bureau, INTERPOL, for official
reception and representation expenses: Provided further, That
notwithstanding section 105 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for litigation activities of the Civil
Division, the Attorney General may transfer such amounts to
``Salaries and Expenses, General Legal Activities'' from
available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant
to the previous proviso shall be treated as a reprogramming
under section 505 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
in addition there is hereby appropriated $6,833,000 for
reimbursement of expenses of the Department of Justice
associated with processing cases under the National Childhood
Vaccine Injury Act of 1986, to be appropriated from the
Vaccine Injury Compensation Trust Fund.

antitrust division

salaries and expenses

For expenses necessary for the enforcement of antitrust and
kindred laws, $155,097,000, to remain available until
expended: Provided, That, notwithstanding any other provision
of law, not to exceed $139,000,000 of offsetting collections
derived from fees collected for premerger notification
filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of
collection, shall be retained and used for necessary expenses
in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated
from the general fund shall be reduced as such offsetting
collections are received during fiscal year 2008, so as to
result in a final fiscal year 2008 appropriation from the
general fund estimated at not more than $16,097,000.

united states attorneys

salaries and expenses

For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements, $1,747,822,000: Provided, That of the total
amount appropriated, not to exceed $8,000,000 shall be
available for official reception and representation expenses:
Provided further, That not to exceed $20,000,000 shall remain
available until expended.

united states trustee system fund

For necessary expenses of the United States Trustee
Program, as authorized, $231,899,000, to remain available
until expended and to be derived from the United States
Trustee System Fund: Provided, That, notwithstanding any
other provision of law, deposits to the Fund shall be
available in such amounts as may be necessary to pay refunds
due depositors: Provided further, That, notwithstanding any
other provision of law, $184,000,000 of offsetting
collections pursuant to 28 U.S.C. 589a(b) shall be retained
and used for necessary expenses in this appropriation and
shall remain available until expended: Provided further, That
the sum herein appropriated from the Fund shall be reduced as
such offsetting collections are received during fiscal year
2008, so as to result in a final fiscal year 2008
appropriation from the Fund estimated at $0.

foreign claims settlement commission

salaries and expenses

For expenses necessary to carry out the activities of the
Foreign Claims Settlement Commission, including services as
authorized by section 3109 of title 5, United States Code,
$1,709,000.

United States Marshals Service

salaries and expenses

For necessary expenses of the United States Marshals
Service, $896,860,000; of which not to exceed $20,000 shall
be available for official reception and representation
expenses; of which not to exceed $4,000,000 shall be for
information technology systems and shall remain available
until expended: Provided, That not less than $12,397,000
shall be available for the costs of courthouse security
equipment, including furnishings, relocations, and telephone
systems and cabling, and shall remain available until
expended.

construction

For construction in space controlled, occupied, or utilized
by the United States Marshals Service, $8,015,000, to remain
available until expended.

fees and expenses of witnesses

For fees and expenses of witnesses, for expenses of
contracts for the procurement and supervision of expert
witnesses, for private counsel expenses, including advances,
and for expenses of foreign counsel, $168,300,000, to remain
available until expended: Provided, That, not to exceed
$10,000,000 may be made available for construction of
buildings for protected witness safesites: Provided further,
That not to exceed $3,000,000 may be made available for the
purchase and maintenance of armored and other vehicles for
witness security caravans: Provided further, That not to
exceed $9,000,000 may be made available for the purchase,
installation, maintenance, and upgrade of secure
telecommunications equipment and a secure automated
information network to store and retrieve the identities and
locations of protected witnesses.

community relations service

salaries and expenses

For necessary expenses of the Community Relations Service,
$10,230,000: Provided, That notwithstanding section 105 of
this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for
conflict resolution and violence prevention activities of the
Community Relations Service, the Attorney General may
transfer such amounts to the Community Relations Service,
from available appropriations for the current fiscal year for
the Department of Justice, as may be necessary to respond to
such circumstances: Provided further, That any transfer
pursuant to the previous proviso shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance
with the procedures set forth in that section.

assets forfeiture fund

For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code,
$20,990,000, to be derived from the Department of Justice
Assets Forfeiture Fund.

National Security Division

salaries and expenses

For expenses necessary to carry out the activities of the
National Security Division, $78,056,000; of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That
notwithstanding section 204 of this Act, upon a determination
by the Attorney General that emergent circumstances require
additional funding for the activities of the National
Security Division, the Attorney General may transfer such
amounts to this heading from available appropriations for the
current fiscal year for the Department of Justice, as may be
necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the previous proviso shall be
treated as a reprogramming under section 505 of this Act and
shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.

Interagency Law Enforcement

interagency crime and drug enforcement

For necessary expenses for the identification,
investigation, and prosecution of individuals associated with
the most significant drug trafficking and affiliated money
laundering organizations not otherwise provided for, to
include inter-governmental agreements with State and local
law enforcement agencies engaged in the investigation and
prosecution of individuals involved in organized crime drug
trafficking, $509,154,000, of which $50,000,000 shall remain
available until expended: Provided, That any amounts
obligated from appropriations under this heading may be used
under authorities available to the organizations reimbursed
from this appropriation.

[[Page S12793]]

Federal Bureau of Investigation

salaries and expenses

For necessary expenses of the Federal Bureau of
Investigation for detection, investigation, and prosecution
of crimes against the United States, $6,372,250,000; of which
not to exceed $150,000,000 shall remain available until
expended; and of which $2,308,580,000 shall be for
counterterrorism investigations, foreign counterintelligence,
and other activities related to national security: Provided,
That not to exceed $205,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $170,000 shall be available for expenses
associated with the celebration of the 100th anniversary of
the FBI.

construction

For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of Federally-owned buildings; and preliminary
planning and design of projects; $206,400,000, to remain
available until expended: Provided, That $63,700,000 shall be
available for Sensitive Compartmented Information Facilities
(SCIFs).

Drug Enforcement Administration

salaries and expenses

For necessary expenses of the Drug Enforcement
Administration, including not to exceed $70,000,000 to meet
unforeseen emergencies of a confidential character pursuant
to section 530C of title 28, United States Code; expenses for
conducting drug education and training programs, including
travel and related expenses for participants in such programs
and the distribution of items of token value that promote the
goals of such programs, $1,854,157,000; of which not to
exceed $75,000,000 shall remain available until expended; and
of which not to exceed $100,000 shall be available for
official reception and representation expenses.

Bureau of Alcohol, Tobacco, Firearms, and Explosives

salaries and expenses

For necessary expenses of the Bureau of Alcohol, Tobacco,
Firearms, and Explosives, including not to exceed $50,000 for
official reception and representation expenses; for training
of State and local law enforcement agencies with or without
reimbursement, including training in connection with the
training and acquisition of canines for explosives and fire
accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with
or without reimbursement, $1,013,980,000, of which not to
exceed $1,000,000 shall be available for the payment of
attorneys' fees as provided by section 924(d)(2) of title 18,
United States Code; and of which $10,000,000 shall remain
available until expended: Provided, That no funds
appropriated herein shall be available for salaries or
administrative expenses in connection with consolidating or
centralizing, within the Department of Justice, the records,
or any portion thereof, of acquisition and disposition of
firearms maintained by Federal firearms licensees: Provided
further, That no funds appropriated herein shall be used to
pay administrative expenses or the compensation of any
officer or employee of the United States to implement an
amendment or amendments to 27 CFR 178.118 or to change the
definition of ``curios or relics'' in 27 CFR 178.11 or remove
any item from ATF Publication 5300.11 as it existed on
January 1, 1994: Provided further, That none of the funds
appropriated herein shall be available to investigate or act
upon applications for relief from Federal firearms
disabilities under 18 U.S.C. 925(c): Provided further, That
such funds shall be available to investigate and act upon
applications filed by corporations for relief from Federal
firearms disabilities under section 925(c) of title 18,
United States Code: Provided further, That no funds made
available by this or any other Act may be used to transfer
the functions, missions, or activities of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives to other agencies
or Departments in fiscal year 2008: Provided further, That no
funds appropriated under this or any other Act with respect
to any previous fiscal year, fiscal year 2008, and any fiscal
year thereafter may be used to disclose all or part of any
information received or generated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives in connection with any
request to trace a firearm, or information required to be
kept by licensees pursuant to 923(g) of title 18, United
States Code, or required to be reported pursuant to
paragraphs (3) and (7) of title 18, United States Code,
except--
(1) to an official of a Federal, State, tribal, local, or
foreign law enforcement agency or a Federal, State, or local
prosecutor, who certifies that the information is sought
solely in connection with and for use in a bona fide criminal
investigation or bona fide criminal prosecution, or for
national security or intelligence purposes, and will not be
used or disclosed for any other purpose;
(2) for use in an action or proceeding commenced by the
Attorney General to enforce the provisions of chapter 44 of
title 18, United States Code; chapter 53 of title 26, United
States Code; chapter 3 of the Arms Export Control Act; or a
review of such an action or proceeding; or
(3) for use in an action or proceeding commenced by the
Secretary of the Treasury to enforce part III of subchapter D
of chapter 32 of the Internal Revenue Code of 1986, or a
review of such an action or proceeding:

Provided further, That nothing in the previous proviso shall
be construed to prevent the sharing or exchange of such
information among and between Federal, State, tribal, local
or foreign law enforcement agencies or Federal, State, or
local prosecutors, or national security, intelligence, or
counterterrorism officials, provided that such information,
regardless of its source, is shared, exchanged, or used
solely in connection with bona fide criminal investigations
or bona fide criminal prosecutions or for national security
or intelligence purposes: Provided further, That information
in the Firearms Trace System database maintained by the
National Trace Center, including all information received or
generated by of the Bureau of Alcohol, Tobacco, Firearms and
Explosives shall be immune from legal process, shall not be
subject to subpoena or other discovery, shall not be used,
relied on, or disclosed in any manner, and, regardless of
when disclosed including previously disclosed information,
shall not be admissible as evidence, nor shall testimony or
other evidence based on such data be admissible as evidence,
in any civil action pending on or filed after the effective
date of this subparagraph in any State or Federal court
(including any court in the District of Columbia), or in any
administrative proceeding other than a proceeding commenced
by the Bureau of Alcohol, Tobacco, Firearms and Explosives to
enforce the provisions of chapter 44 of title 18, United
States Code; chapter 53 of title 26, United States Code;
chapter 3 of the Arms Export Control Act; a proceeding
commenced by the Secretary of the Treasury to enforce part
III of subchapter D of chapter 32 of the Internal Revenue
Code of 1986; or judicial review of such actions or
proceedings. This provision shall not be construed to prevent
the disclosure of statistical information concerning total
production, importation, and exportation by each licensed
importer (as defined in section 921(a)(19) of title 18) and
licensed manufacturer (as defined in section 921(a)(10) of
title 18): Provided, That no funds made available by this or
any other Act shall be expended to promulgate or implement
any rule requiring a physical inventory of any business
licensed under section 923 of title 18, United States Code:
Provided further, That no funds under this Act may be used to
electronically retrieve information gathered pursuant to 18
U.S.C. 923(g)(4) by name or any personal identification code:
Provided further, That no funds authorized or made available
under this or any other Act may be used to deny any
application for a license under section 923 of title 18,
United States Code, or renewal of such a license due to a
lack of business activity, provided that the applicant is
otherwise eligible to receive such a license, and is eligible
to report business income or to claim an income tax deduction
for business expenses under the Internal Revenue Code of
1986: Provided further, That notwithstanding any other
provision of law, home to work transportation currently
allotted to Bureau of Alcohol, Tobacco, Firearms and
Explosives field operations is extended to headquarters
executive Special Agents and designees.

CONSTRUCTION

For necessary expenses to construct or acquire buildings
and sites by purchase, or as otherwise authorized by law
(including equipment for such buildings); conversion and
extension of federally-owned buildings; and preliminary
planning and design or projects; $35,000,000, to remain
available until expended.

Federal Prison System

salaries and expenses

For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal
and correctional institutions, including purchase (not to
exceed 640, of which 605 are for replacement only) and hire
of law enforcement and passenger motor vehicles, and for the
provision of technical assistance and advice on corrections
related issues to foreign governments, $5,151,440,000:
Provided, That the Attorney General may transfer to the
Health Resources and Services Administration such amounts as
may be necessary for direct expenditures by that
Administration for medical relief for inmates of Federal
penal and correctional institutions: Provided further, That
the Director of the Federal Prison System, where necessary,
may enter into contracts with a fiscal agent or fiscal
intermediary claims processor to determine the amounts
payable to persons who, on behalf of the Federal Prison
System, furnish health services to individuals committed to
the custody of the Federal Prison System: Provided further,
That not to exceed $6,000 shall be available for official
reception and representation expenses: Provided further, That
not to exceed $50,000,000 shall remain available for
necessary operations until September 30, 2009: Provided
further, That, of the amounts provided for Contract
Confinement, not to exceed $20,000,000 shall remain available
until expended to make payments in advance for grants,
contracts and reimbursable agreements, and other expenses
authorized by section 501(c) of the Refugee Education
Assistance Act of 1980 (8 U.S.C. 1522 note), for the care and
security in the United States of Cuban and Haitian entrants:
Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to
the operation of the prison card program from a not-for-
profit entity

[[Page S12794]]

which has operated such program in the past notwithstanding
the fact that such not-for-profit entity furnishes services
under contracts to the Federal Prison System relating to the
operation of pre-release services, halfway houses, or other
custodial facilities.

buildings and facilities

For planning, acquisition of sites and construction of new
facilities; purchase and acquisition of facilities and
remodeling, and equipping of such facilities for penal and
correctional use, including all necessary expenses incident
thereto, by contract or force account; and constructing,
remodeling, and equipping necessary buildings and facilities
at existing penal and correctional institutions, including
all necessary expenses incident thereto, by contract or force
account, $495,000,000, to remain available until expended, of
which not to exceed $14,000,000 shall be available to
construct areas for inmate work programs: Provided, That
labor of United States prisoners may be used for work
performed under this appropriation.

federal prison industries, incorporated

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

limitation on administrative expenses, federal prison industries,
incorporated

Not to exceed $2,477,000 of the funds of the Federal Prison
Industries, Incorporated shall be available for its
administrative expenses, and for services as authorized by
section 3109 of title 5, United States Code, to be computed
on an accrual basis to be determined in accordance with the
corporation's current prescribed accounting system, and such
amounts shall be exclusive of depreciation, payment of
claims, and expenditures which such accounting system
requires to be capitalized or charged to cost of commodities
acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition,
construction, operation, maintenance, improvement,
protection, or disposition of facilities and other property
belonging to the corporation or in which it has an interest.

Office on Violence Against Women

violence against women prevention and prosecution programs

For grants, contracts, cooperative agreements, and other
assistance for the prevention and prosecution of violence
against women as authorized by the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 4711 et seq.) (``the 1968
Act''); the Violent Crime Control and Law Enforcement Act of
1994 (Public Law 103-322; 108 Stat. 1796) (``the 1994 Act'');
the Prosecutorial Remedies and Other Tools to End the
Exploitation of Children Today Act of 2003 (Public Law 108-
21; 117 Stat. 650); the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (``the 1974
Act''); the Victims of Trafficking and Violence Protection
Act of 2000 (Public Law 106-386; 114 Stat. 1464) (``the 2000
Act''); and the Violence Against Women and Department of
Justice Reauthorization Act of 2005 (Public Law 109-162; 119
Stat. 2960) (``the 2005 Act''); $390,000,000, including
amounts for administrative costs, to remain available until
expended: Provided, That except as otherwise provided by law,
not to exceed 3 percent of funds made available under this
heading may be used for expenses related to evaluation,
training, and technical assistance: Provided further, That of
the amount provided--
(1) $1,500,000 is for grants for televised testimony, as
authorized by part N of the 1968 Act;
(2) $186,500,000 is for grants to combat violence and
violent crimes against women, as authorized by part T of the
1968 Act, of which--
(A) $2,000,000 shall be for the National Institute of
Justice for research and evaluation of violence against
women; and
(B) $17,000,000 shall be for transitional housing
assistance grants for victims of domestic violence, stalking,
or sexual assault as authorized by section 40299(a) of the
1994 Act;
(3) $55,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act;
(4) $39,500,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(5) $5,500,000 is for training programs to assist probation
and parole officers as authorized by section 40152 of the
1994 Act, and for related local demonstration projects;
(6) $3,900,000 is for grants to improve the stalking and
domestic violence databases, as authorized by section 40602
of the 1994 Act;
(7) $10,000,000 to reduce violent crimes against women on
campus, as authorized by section 304(a) of the 2005 Act;
(8) $46,000,000 is for legal assistance for victims, as
authorized by section 1201(c) of the 2000 Act;
(9) $4,500,000 is for enhancing protection for older and
disabled women from domestic violence and sexual assault, as
authorized by section 40802(a) of the 1994 Act;
(10) $14,500,000 is for the safe havens for children pilot
program, as authorized by section 1301(a) of the 2000 Act;
(11) $7,100,000 is for education and training to end
violence against and abuse of women with disabilities, as
authorized by section 1402(a) of the 2000 Act;
(12) $10,000,000 is for sexual assault services, as
authorized by section 202 of the 2005 Act;
(13) $2,000,000 is for services to advocate and respond to
youth, as authorized by section 401 of the 2005 Act;
(14) $2,000,000 is for grants to assist children and youth
exposed to violence, as authorized by section 303 of the 2005
Act;
(15) $1,000,000 is for analysis and research on violence
against Indian women, as authorized by section 904 of the
2005 Act; and
(16) $1,000,000 is for tracking of violence against Indian
women, as authorized by section 905 of the 2005 Act.

Office of Justice Programs

justice assistance

For grants, contracts, cooperative agreements, and other
assistance authorized by title I of the Omnibus Crime Control
and Safe Streets Act of 1968; the Missing Children's
Assistance Act (42 U.S.C. 5771 et seq.); including salaries
and expenses in connection therewith, the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children
Today Act of 2003 (Public Law 108-21); the Justice for All
Act of 2004 (Public Law 108-405; 108 Stat. 2260); the Victims
of Child Abuse Act of 1990 (Public Law 101-647; 104 Stat.
4792) (``the 1990 Act''); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109-162); and the Victims of Crime Act of 1984 (Public Law
98-473; 98 Stat. 2170), $240,000,000, to remain
available until expended: Provided, That grants under
subparagraphs (1)(A) and (B) of Public Law 98-473 are
issued pursuant to rules or guidelines that generally
establish a publicly-announced, competitive process:
Provided further, That not more than $35,000,000 of
balances made available as a result of prior year
deobligations may be obligated for program management and
administration: Provided further, That any balances made
available as a result of prior year deobligations in
excess of $35,000,000 shall only be obligated in
accordance with section 505 of this Act: Provided further,
That amounts under this heading, or amounts transferred to
and merged with this account, for salaries and expenses
are for not less than 590 permanent positions and not less
than 600 full-time equivalent workyears.

state and local law enforcement assistance

For grants, contracts, cooperative agreements, and other
assistance authorized by the Violent Crime Control and Law
Enforcement Act of 1994 (Public Law 103-322) (``the 1994
Act''); the Omnibus Crime Control and Safe Streets Act of
1968 (``the 1968 Act''); the Justice for All Act of 2004
(Public Law 108-405); the Victims of Child Abuse Act of 1990
(Public Law 101-647; 104 Stat. 9792) (``the 1990 Act''); the
Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109-164; 119 Stat. 3558); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109-162); and the Victims of Trafficking and
Violence Protection Act of 2000 (Public Law 106-386); and
other programs; $1,400,000,000 (including amounts for
administrative costs, which shall be transferred to and
merged with the ``Justice Assistance'' account): Provided,
That funding provided under this heading shall remain
available until expended, as follows--
(1) $660,000,000 for the Edward Byrne Memorial Justice
Assistance Grant Program as authorized by subpart 1 of part E
of title I of the 1968 Act, as amended by section 1111 of
Public Law 109-162, of which--
(A) $60,000,000 for Boys and Girls Clubs in public housing
facilities and other areas in cooperation with State and
local law enforcement, as authorized by section 401 of the
Economic Espionage Act of 1996 (42 U.S.C. 13751 note); and
(B) $5,000,000 is for a program to improve State and local
law enforcement intelligence capabilities including
antiterrorism training and training to ensure that
constitutional rights, civil liberties, civil rights, and
privacy interests are protected throughout the intelligence
process;
(2) $400,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(i)(5)), of
which $30,000,000 for the Southwest Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments only for costs associated with the
prosecution of criminal cases declined by local United States
Attorneys offices;
(3) $190,000,000 for discretionary grants, notwithstanding
the provisions of section 505 of the 1968 Act;
(4) $15,000,000 for victim services programs for victims of
trafficking, as authorized by section 107(b)(2) of Public Law
106-386;
(5) $25,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act;
(6) $10,000,000 for grants for residential substance abuse
treatment for State prisoners, as authorized by part S of the
1968 Act;
(7) $25,000,000 for the Capital Litigation Improvement
Grant Program as authorized by sections 421, 422, and 426 of
Public Law 108-405, to be equally divided between the Capital
Prosecution Improvement Grants and Capital Representation
Improvement Grants;

[[Page S12795]]

(8) $10,000,000 for mental health courts and adult and
juvenile collaboration program grants, as authorized by parts
V and HH of title I of the 1968 Act;
(9) $2,000,000 for the National Sex Offender Public
Registry;
(10) $1,000,000 for the Missing Alzheimer's Disease Patient
Alert Program, as authorized by section 240001(c) of Public
Law 106-386;
(11) $28,000,000 for assistance to Indian tribes, of
which--
(A) $15,000,000 shall be available for grants under section
201109(a)(2) of subtitle A of title II of the 1994 Act;
(B) $8,000,000 shall be available for the Tribal Courts
Initiative; and
(C) $5,000,000 shall be available for demonstration
projects on alcohol and crime in Indian County;
(12) $5,000,000 for prison rape prevention and prosecution
programs, as authorized by the Prison Rape Elimination Act of
2003 (Public Law 108-79);
(13) $15,000,000 is for the court appointed advocate
program, as authorized by section 217 of the 1990 Act;
(14) $4,000,000 is for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act; and
(15) $5,000,000 for prescription drug monitoring program:

Provided further, That, if a unit of local government uses
any of the funds made available under this title to increase
the number of law enforcement officers, the unit of local
government shall achieve a net gain in the number of law
enforcement officers who perform nonadministrative public
safety service.

weed and seed program fund

For necessary expenses, including salaries and related
expenses of the Executive Office for Weed and Seed, to
implement ``Weed and Seed'' program activities, $50,000,000,
to remain available until September 30, 2008, for inter-
governmental agreements, including grants, cooperative
agreements, and contracts, with State and local law
enforcement agencies, nonprofit organizations, and agencies
of local government engaged in the investigation and
prosecution of violent and gang-related crimes and drug
offenses in ``Weed and Seed'' designated communities, and for
either reimbursements or transfers to appropriation accounts
of the Department of Justice and other Federal agencies which
shall be specified by the Attorney General to execute the
``Weed and Seed'' program strategy: Provided, That funds
designated by Congress through language for other Department
of Justice appropriation accounts for ``Weed and Seed''
program activities shall be managed and executed by the
Attorney General through the Executive Office for Weed and
Seed: Provided further, That the Attorney General may direct
the use of other Department of Justice funds and personnel in
support of ``Weed and Seed'' program activities only after
the Attorney General notifies the Senate Committee on
Appropriations in accordance with section 505 of this Act:
Provided further, That of the funds appropriated for the
Executive Office for Weed and Seed, not to exceed $2,000,000
shall be directed for comprehensive community development
training and technical assistance.

community oriented policing services

(including transfer of funds)

For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103-322) (including
administrative costs), the Omnibus Crime Control and Safe
Streets Act of 1968 (``the 1968 Act''), the Justice for All
Act of 2004 (Public Law 108-405), the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public
Law 109-162), the USA PATRIOT Improvement and Reauthorization
Act (Public Law 109-177; 120 Stat. 192) (including
administrative costs), the Prosecutorial Remedies and Other
Tools to End the Exploitation of Children Today Act of 2003
(Public Law 108-21), $550,000,000, to remain available until
expended: Provided, That of the funds under this heading, not
to exceed $2,575,000 shall be available for the Office of
Justice Programs for any and all reimbursable services,
functions and activities associated with programs
administered by the Office of Community Oriented Policing
Services including activities authorized by sections 1158 and
1159 of Public Law 109-162: Provided further, That section
1703(b) and (c) of the 1968 Act shall not apply to non-hiring
grants made pursuant to part Q of title I (42 U.S.C. 3796dd
et seq.): Provided further, That the $15,000,000 provided to
the National Institute of Standards and Technology's Office
of Law Enforcement Standards under this section shall be
transferred directly to the National Institute of Standards
and Technology's Office of Law Enforcement Standards from the
Community Oriented Policing Services Office: Provided
further, That of the amounts provided--
(1) $25,000,000 is for the matching grant program for law
enforcement armor vests as authorized by section 2501 of part
Y of the 1968 Act;
(2) $80,000,000 is for policing initiatives to combat
illegal methamphetamine production, sale and use in ``drug
hot spots'' as authorized by section 754 of Public Law 109-
177;
(3) $110,000,000 is for law enforcement technologies;
(4) $5,000,000 is for grants to upgrade criminal records,
as authorized under the Crime Identification Technology Act
of 1998 (42 U.S.C. 14601);
(5) $10,000,000 is for an offender re-entry program;
(6) $169,000,000 is for DNA analysis and capacity
enhancement program, and for other State, local and Federal
forensic activities, of which--
(A) $151,000,000 for the Debbie Smith DNA Backlog Grants as
authorized by Public Law 108-405 section 202;
(B) $5,000,000 for the Kirk Bloodsworth Post-Conviction DNA
Testing Grant Program as authorized by Public Law 108-405
section 412 and section 413;
(C) $6,000,000 for DNA Training and Education for Law
Enforcement, Correctional Personnel, and Court Officers as
authorized by Public Law 108-405 section 303;
(D) $5,000,000 for DNA Research and Development as
authorized by Public Law 108-405 section 305;
(E) $2,000,000 for the DNA Identification of Missing
Persons as authorized by Public Law 108-405 section 308;
(7) $35,000,000 is for improving tribal law enforcement,
including equipment and training assistance to Indian tribes;
(8) $6,000,000 is for training and technical assistance;
(9) $40,000,000 is for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act
(42 U.S.C. 3797j et seq.);
(10) $5,000,000 is for the National District Attorneys
Association to conduct prosecutorial training by the National
Advocacy Center;
(11) $55,000,000 is for a national grant program to arrest
and prosecute child predators as authorized by section
1701(d) of part Q of title I of the 1968 Act as amended by
section 341 of Public Law 108-21; and
(12) Funds not to exceed $11,000,000 is for program
management and administration.

juvenile justice programs

For grants, contracts, cooperative agreements, and other
assistance authorized by the Juvenile Justice and Delinquency
Prevention Act of 1974 (``the 1974 Act''), the Omnibus Crime
Control and Safe Streets Act of 1968 (``the 1968 Act''), the
Violence Against Women and Department of Justice
Reauthorization Act of 2005 (Public Law 109-162), and other
juvenile justice programs, including salaries and expenses in
connection therewith to be transferred to and merged with the
appropriations for Justice Assistance, $340,000,000, to
remain available until expended, as follows--
(1) $500,000 is for coordination of Federal efforts, as
authorized by section 204 of the 1974 Act;
(2) $73,000,000 is for State and local programs authorized
by section 221 of the 1974 Act, including training and
technical assistance to assist small, non-profit
organizations with the Federal grants process;
(3) $76,500,000 is for demonstration projects, as
authorized by sections 261 and 262 of the 1974 Act;
(4) $5,000,000 is for juvenile mentoring programs;
(5) $65,000,000 is for delinquency prevention, as
authorized by section 505 of the 1974 Act, of which--
(A) $10,000,000 shall be for the Tribal Youth Program; and
(B) $25,000,000 shall be for grants of $360,000 to each
State and $6,640,000 shall be available for discretionary
grants to States, for programs and activities to enforce
State laws prohibiting the sale of alcoholic beverages to
minors or the purchase or consumption of alcoholic beverages
by minors, prevention and reduction of consumption of
alcoholic beverages by minors, and for technical assistance
and training;
(6) $10,000,000 is for the Secure Our Schools Act as
authorized by part AA of the 1968 Act;
(7) $20,000,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(8) $80,000,000 for the Juvenile Accountability Block
Grants program as authorized by part R of the 1968 Act and
Guam shall be considered a State for the purpose of that
program; and
(9) $10,000,000 shall be for gang resistance education and
training and programs:
Provided, That not more than 2 percent of each amount may be
used for research, evaluation, and statistics activities
designed to benefit the programs or activities authorized:
Provided further, That not more than 2 percent of each amount
may be used for training and technical assistance: Provided
further, That the previous two provisos shall not apply to
demonstration projects, as authorized by sections 261 and 262
of the 1974 Act.

public safety officers benefits

For payments and expenses authorized by part L of title I
of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3796), such sums as are necessary, as authorized by
section 6093 of Public Law 100-690 (102 Stat. 4339-4340)
(including amounts for administrative costs, which amounts
shall be paid to the ``Justice Assistance'' account), to
remain available until expended; and $5,000,000 for payments
authorized by section 1201(b) of such Act; and $4,100,000 for
educational assistance, as authorized by section 1212 of such
Act: Provided, That, hereafter, funds available to conduct
appeals under section 1205(c) of the 1968 Act, which includes
all claims processing, shall be available also for the same
under subpart 2 of such part L and under any statute
authorizing payment of benefits described under subpart 1
thereof, and for appeals from final decisions of the Bureau
(under such part or any such statute)

[[Page S12796]]

to the Court of Appeals for the Federal Circuit, which shall
have exclusive jurisdiction thereof (including those
pending), and for expenses of representation of hearing
examiners (who shall be presumed irrebuttably to enjoy quasi-
judicial immunity in the discharge of their duties under such
part or any such statute) in connection with litigation
against them arising from such discharge.

General Provisions--Department of Justice

Sec. 201. None of the funds appropriated by this title
shall be available to pay for an abortion, except where the
life of the mother would be endangered if the fetus were
carried to term, or in the case of rape: Provided, That
should this prohibition be declared unconstitutional by a
court of competent jurisdiction, this section shall be null
and void.
Sec. 202. None of the funds appropriated under this title
shall be used to require any person to perform, or facilitate
in any way the performance of, any abortion.
Sec. 203. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to
provide escort services necessary for a female inmate to
receive such service outside the Federal facility: Provided,
That nothing in this section in any way diminishes the effect
of section 202 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 204. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
Justice in this Act may be transferred between such
appropriations, but no such appropriation, except as
otherwise specifically provided, shall be increased by more
than 10 percent by any such transfers: Provided, That any
transfer pursuant to this section shall be treated as a
reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance
with the procedures set forth in that section: Provided
further, That none of the funds appropriated to ``Buildings
and Facilities, Federal Prison System'' in this or any other
Act may be transferred to ``Salaries and Expenses, Federal
Prison System'', or any other Department of Justice account,
unless the President certifies that such a transfer is
necessary to the national security interests of the United
States, and such authority shall not be delegated, and shall
be subject to section 505 of this Act.
Sec. 205. The Attorney General is authorized to extend
through September 30, 2009, the Personnel Management
Demonstration Project transferred to the Attorney General
pursuant to section 1115 of the Homeland Security Act of
2002, Public Law 107-296 (6 U.S.C. 533) without limitation on
the number of employees or the positions covered.
Sec. 206. Notwithstanding any other provision of law,
Public Law 102-395 section 102(b) shall extend to the Bureau
of Alcohol, Tobacco, Firearms and Explosives in the conduct
of undercover investigative operations and shall apply
without fiscal year limitation with respect to any undercover
investigative operation initiated by the Bureau of Alcohol,
Tobacco, Firearms and Explosives that is necessary for the
detection and prosecution of crimes against the United
States.
Sec. 207. None of the funds made available to the
Department of Justice in this Act may be used for the purpose
of transporting an individual who is a prisoner pursuant to
conviction for crime under State or Federal law and is
classified as a maximum or high security prisoner, other than
to a prison or other facility certified by the Federal Bureau
of Prisons as appropriately secure for housing such a
prisoner.
Sec. 208. (a) None of the funds appropriated by this Act
may be used by Federal prisons to purchase cable television
services, to rent or purchase videocassettes, videocassette
recorders, or other audiovisual or electronic equipment used
primarily for recreational purposes.
(b) Subsection (a) shall not preclude the renting,
maintenance, or purchase of audiovisual or electronic
equipment for inmate training, religious, or educational
programs.
Sec. 209. Any deviation from the amounts designated for
specific activities in this Act and accompanying report, or
any use of deobligated balances of funds provided under this
title in previous years, shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 210. Section 112 of title I as contained in division B
of the Consolidated Appropriations Act, 2004 (Public Law 108-
199) is amended as follows:
(1) by inserting in paragraph (a)(2)(A) ``the Commissioner
of Health & Social Services for Alaska, a representative of
an Alaska Native healthcare provider'' after ``Village Public
Safety Officer programs,'';
(2) by inserting in paragraph (a)(2)(A) ``and a non-voting
judge'' after ``non-voting representative''; and
(3) by inserting in paragraph (a)(2)(A) ``The Chief Justice
of the Alaska Supreme Court may appoint a non-voting
representative of the Alaska Supreme Court to provide
technical support.'' at the end of the paragraph.
Sec. 211. Section 589a of title 28, United States Code, is
amended in subsection (b) by--
(1) striking ``and'' in paragraph (8);
(2) striking the period in paragraph (9) and inserting ``;
and''; and
(3) adding the following new paragraph:
``(10) fines imposed under section 110(l)(4)(A) of title
11, United States Code.''.
Sec. 212. (a) Section 1930(a) of title 28, United States
Code, is amended in paragraph (6) by striking everything
after ``whichever occurs first.'' and inserting in lieu
thereof: ``The fee shall be $325 for each quarter in which
disbursements total less than $15,000; $650 for each quarter
in which disbursements total $15,000 or more but less than
$75,000; $975 for each quarter in which disbursements total
$75,000 or more but less than $150,000; $1,625 for each
quarter in which disbursements total $150,000 or more but
less than $225,000; $1,950 for each quarter in which
disbursements total $225,000 or more but less than $300,000;
$4,875 for each quarter in which disbursements total $300,000
or more but less than $1,000,000; $6,500 for each quarter in
which disbursements total $1,000,000 or more but less than
$2,000,000; $9,750 for each quarter in which disbursements
total $2,000,000 or more but less than $3,000,000; $10,400
for each quarter in which disbursements total $3,000,000 or
more but less than $5,000,000; $13,000 for each quarter in
which disbursements total $5,000,000 or more but less than
$15,000,000; $20,000 for each quarter in which disbursements
total $15,000,000 or more but less than $30,000,000; $30,000
for each quarter in which disbursements total more than
$30,000,000. The fee shall be payable on the last day of the
calendar month following the calendar quarter for which the
fee is owed.''.
(b) This section and the amendment made by this section
shall take effect January 1, 2008, or the date of the
enactment of this Act, whichever is later.
Sec. 213. Notwithstanding any other provision of law,
during fiscal year 2008, Federal reimbursement to the
District of Columbia for felons newly sentenced by the
District of Columbia Superior Court shall commence no later
than the date of sentencing for such felons; and Federal
reimbursement to the District of Columbia for recommitted
District of Columbia parolees shall commence no later than
the date of the commitment of such parolees to prison:
Provided, That no more than $8,000,000 shall be made
available for such reimbursements from funds made available
in this Act.
Sec. 214. Notwithstanding any other provision of law, no
funds shall be available for the salary, benefits, or
expenses of any United States Attorney assigned dual or
additional responsibilities by the Attorney General or his
designee that exempt that United States Attorney from the
residency requirements of 28 U.S.C. 545.
Sec. 215. None of the funds made available to the
Department of Justice in this Act may be obligated for the
Federal Bureau of Investigation's Sentinel procurement until
the Government Accountability Office has certified to the
Senate Committee on Appropriations and the Senate Committee
on the Judiciary that a performance measurement baseline has
been established and the Federal Bureau of Investigation is
using a performance-based management system that complies
with the American National Standards Institute/Electronics
Industries Alliance Standard 748-A, as required by Office of
Management and Budget Circular A-11, Part 7 to measure
achievement of the cost, schedule and performance goals.
Sec. 216. None of the funds appropriated in this or any
other Act shall be obligated for any work, development or
procurement of the Sentinel information technology program
phases III or IV until the Government Accountability Office
certifies to the Senate Committee on Appropriations and the
Senate Committee on the Judiciary that the phase under
construction has reached 70 percent completion of the planned
work and the estimated cost to complete the phase does not
exceed 35 percent of the budgeted cost for such phase.
This title may be cited as the ``Department of Justice
Appropriations Act, 2008''.

TITLE III

SCIENCE

Office of Science and Technology Policy

For necessary expenses of the Office of Science and
Technology Policy, in carrying out the purposes of the
National Science and Technology Policy, Organization, and
Priorities Act of 1976 (42 U.S.C. 6601-6671), hire of
passenger motor vehicles, and services as authorized by 5
U.S.C. 3109, not to exceed $2,500 for official reception and
representation expenses, and rental of conference rooms in
the District of Columbia, $5,715,000.

National Aeronautics and Space Administration

science, aeronautics and exploration

For necessary expenses in the conduct and support of
science, aeronautics and exploration research and development
activities, including research, development, operations,
support and services; space flight, spacecraft control and
communications activities including operations, production,
and services; program management; personnel and related
costs, including uniforms or allowances therefor, as
authorized by 5 U.S.C. 5901-5902; travel expenses; purchase
and hire of passenger motor vehicles; not to exceed $35,000
for official reception and representation expenses; and
purchase, lease, charter, maintenance and operation of
mission and administrative aircraft, $10,633,000,000, of
which $119,100,000 shall remain available until expended and
$10,513,900,000 shall remain available until September 30,
2009: Provided, That, of the amounts provided under this
heading, $5,655,110,000 shall be for science, $554,030,000
shall be for aeronautics research, $3,972,490,000 shall be
for exploration systems, and $521,380,000 shall be for cross-
agency support programs: Provided further, That the amounts
in the previous proviso shall be

[[Page S12797]]

reduced by $70,000,000 in corporate and general
administrative expenses and the reduction shall be applied
proportionally to each amount therein: Provided further, That
within the amounts provided under this heading, management
and operations of National Aeronautics and Atmospheric
Administration centers shall not exceed $1,150,800,000;
corporate general and administrative costs shall not exceed
$345,000,000; and institutional investments, including
planning, design, maintenance, repair, rehabilitation and
modification of existing facilities, construction of new
facilities, acquisition and condemnation of real property as
authorized by law, and environmental compliance and
restoration shall not exceed $195,500,000: Provided further,
That funds provided under this heading shall be available
only according to the terms and conditions specified in the
committee report of the Senate accompanying this Act.

exploration capabilities

For necessary expenses in the conduct and support of
exploration capabilities research and development activities,
including research, development, operations, support and
services; space flight, spacecraft control and communications
activities including operations, production, and services;
program management; personnel and related costs, including
uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902; travel expenses; purchase and hire of passenger
motor vehicles; not to exceed $35,000 for official reception
and representation expenses; and purchase, lease, charter,
maintenance and operation of mission and administrative
aircraft, $6,792,000,000, of which $5,200,000 shall remain
available until expended and $6,786,800,000 shall remain
available until September 30, 2009: Provided, That of the
amounts provided under this heading, $4,007,760,000 shall be
for Space Shuttle operations, production, research,
development, and support and $2,238,610,000 shall be for
International Space Station operations, production, research,
development, and support: Provided further, That within the
amounts provided under this heading, management and
operations of National Aeronautics and Atmospheric
Administration centers shall not exceed $862,200,000;
corporate general and administrative costs shall not exceed
$263,700,000; and institutional investments, including
planning, design, maintenance, repair, rehabilitation and
modification of existing facilities, construction of new
facilities, acquisition and condemnation of real property as
authorized by law, and environmental compliance and
restoration shall not exceed $124,200,000: Provided further,
That funds provided under this heading shall be available
only according to the terms and conditions specified in the
committee report of the Senate accompanying this Act.

office of inspector general

For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978, as
amended, $34,600,000.

Administrative Provision

For fiscal year 2009 and hereafter, the National
Aeronautics and Space Administration shall provide, at a
minimum, the following information in its annual budget
justification:
(1) The actual, current, proposed funding level, and
estimated budgets for the next five fiscal years by
directorate, theme, program, project and activity within each
appropriations account.
(2) The budget for headquarters including--
(A) the budget by office for the actual, current, proposed
funding level, and estimated budgets for the next five fiscal
years;
(B) the travel budget for each office for the actual,
current, and proposed funding level; and
(C) the civil service full time equivalent assignments per
headquarters office including the number of Senior Executive
Service, noncareer, detailee, and contract personnel per
office.
(3) Concurrent with the submission of the budget to the
Congress an accompanying volume shall be provided to the
Committee on Appropriations containing the following
information for each center and federally funded research and
development center operated by the National Aeronautics and
Space Administration:
(A) the actual, current, proposed funding level, and
estimated budgets for the next five fiscal years by
directorate, theme, program, project, and activity;
(B) The proposed programmatic and non-programmatic
construction of facilities;
(C) The number of civil service full time equivalent
positions per center for each identified fiscal year;
(D) The number of civil service full time equivalent
positions considered to be uncovered capacity at each
location for each identified fiscal year.
(4) Sufficient narrative shall be provided to explain the
request for each program, project, and activity, and an
explanation for any deviation to previously adopted baselines
for all justification materials provided to the Committee.

National Science Foundation

research and related activities

For necessary expenses in carrying out the National Science
Foundation Act of 1950, as amended (42 U.S.C. 1861-1875), and
the Act to establish a National Medal of Science (42 U.S.C.
1880-1881); services as authorized by 5 U.S.C. 3109;
maintenance and operation of aircraft and purchase of flight
services for research support; acquisition of aircraft; and
authorized travel; $5,156,090,000, to remain available until
September 30, 2009, of which not to exceed $510,000,000 shall
remain available until expended for Polar research and
operations support, and for reimbursement to other Federal
agencies for operational and science support and logistical
and other related activities for the United States Antarctic
program: Provided, That from funds specified in the fiscal
year 2008 budget request for icebreaking services, up to
$57,000,000 shall be available for the procurement of polar
icebreaking services: Provided further, That the National
Science Foundation shall only reimburse the Coast Guard for
such sums as are agreed to according to the existing
memorandum of agreement: Provided further, That receipts for
scientific support services and materials furnished by the
National Research Centers and other National Science
Foundation supported research facilities may be credited to
this appropriation.

major research equipment and facilities construction

For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment,
facilities, and other such capital assets pursuant to the
National Science Foundation Act of 1950, as amended,
including authorized travel, $244,740,000, to remain
available until expended.

education and human resources

For necessary expenses in carrying out science and
engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of
1950, as amended (42 U.S.C. 1861-1875), including services as
authorized by 5 U.S.C. 3109, authorized travel, and rental of
conference rooms in the District of Columbia, $850,600,000,
to remain available until September 30, 2009.

agency operations and award management

For salaries and expenses necessary in carrying out the
National Science Foundation Act of 1950, as amended (42
U.S.C. 1861-1875); services authorized by 5 U.S.C. 3109; hire
of passenger motor vehicles; not to exceed $9,000 for
official reception and representation expenses; uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
rental of conference rooms in the District of Columbia; and
reimbursement of the General Services Administration for
security guard services; $285,590,000: Provided, That
contracts may be entered into under ``Agency Operations and
Award Management'' in fiscal year 2008 for maintenance and
operation of facilities, and for other services, to be
provided during the next fiscal year.

office of the national science board

For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms in the District of Columbia, and
the employment of experts and consultants under section 3109
of title 5, United States Code) involved in carrying out
section 4 of the National Science Foundation Act of 1950 (42
U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880 et seq.),
$4,030,000: Provided, That not to exceed $9,000 shall be
available for official reception and representation expenses.

office of inspector general

For necessary expenses of the Office of Inspector General
as authorized by the Inspector General Act of 1978, as
amended, $12,350,000, to remain available until September 30,
2009.
This title may be cited as the ``Science Appropriations
Act, 2008''.

TITLE IV

RELATED AGENCIES

Commission on Civil Rights

salaries and expenses

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

Equal Employment Opportunity Commission

salaries and expenses

For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964 (29 U.S.C. 206(d) and 621-634), the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
including services as authorized by 5 U.S.C. 3109; hire of
passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
non-monetary awards to private citizens; and not to exceed
$37,000,000 for payments to State and local enforcement
agencies for services to the Commission pursuant to title VII
of the Civil Rights Act of 1964, sections 6 and 14 of the Age
Discrimination in Employment Act, the Americans with
Disabilities Act of 1990, and the Civil Rights Act of 1991,
$378,000,000: Provided, That funds made available under this
heading shall only be allocated in the manner specified in
the report accompanying this Act: Provided further, That no
funds made available under this heading may be used to
operate the National Contact Center: Provided further, That
the Commission may take no

[[Page S12798]]

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.

International Trade Commission

salaries and expenses

For necessary expenses of the International Trade
Commission, including hire of passenger motor vehicles, and
services as authorized by 5 U.S.C. 3109, and not to exceed
$2,500 for official reception and representation expenses,
$68,400,000, to remain available until expended.

Legal Services Corporation

payment to the legal services corporation

For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$390,000,000, of which $373,000,000 is for basic field
programs and required independent audits; $3,200,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $13,800,000 is for management and administration;
$3,000,000 is for client self-help and information
technology: Provided, That the Legal Services Corporation may
continue to provide locality pay to officers and employees at
a rate no greater than that provided by the Federal
Government to Washington, DC-based employees as authorized by
5 United States Code 5304, notwithstanding section 1005(d) of
the Legal Services Corporation Act, 42 United States Code
2996(d).

administrative provision--legal services corporation

None of the funds appropriated in this Act to the Legal
Services Corporation shall be expended for any purpose
prohibited or limited by, or contrary to any of the
provisions of, sections 501, 502, 503, 504, 505, and 506 of
Public Law 105-119, and all funds appropriated in this Act to
the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that
all references in sections 502 and 503 to 1997 and 1998 shall
be deemed to refer instead to 2006 and 2007, respectively.

Marine Mammal Commission

salaries and expenses

For necessary expenses of the Marine Mammal Commission as
authorized by title II of Public Law 92-522, $3,000,000.

Office of the United States Trade Representative

salaries and expenses

For necessary expenses of the Office of the United States
Trade Representative, including the hire of passenger motor
vehicles and the employment of experts and consultants as
authorized by 5 U.S.C. 3109, $47,800,000, of which $1,000,000
shall remain available until expended: Provided, That not to
exceed $124,000 shall be available for official reception and
representation expenses: Provided further, That negotiations
shall be conducted within the World Trade Organization to
recognize the right of members to distribute monies collected
from antidumping and countervailing duties: Provided further,
That negotiations shall be conducted within the World Trade
Organization consistent with the negotiating objectives
contained in the Trade Act of 2002, Public Law 107-210.

State Justice Institute

salaries and expenses

For necessary expenses of the State Justice Institute, as
authorized by the State Justice Institute Authorization Act
of 1992 (Public Law 102-572), $3,500,000: Provided, That not
to exceed $2,500 shall be available for official reception
and representation expenses.

TITLE V

GENERAL PROVISIONS

Sec. 501. The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Senate Committee on
Appropriations a quarterly accounting of the cumulative
balances of any unobligated funds that were made available to
any such agency in any previous appropriations Act.
Sec. 502. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current
fiscal year unless expressly so provided herein.
Sec. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract,
pursuant to 5 U.S.C. 3109, shall be limited to those
contracts where such expenditures are a matter of public
record and available for public inspection, except where
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.
Sec. 504. If any provision of this Act or the application
of such provision to any person or circumstances shall be
held invalid, the remainder of the Act and the application of
each provision to persons or circumstances other than those
as to which it is held invalid shall not be affected thereby.
Sec. 505. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies
funded by this Act that remain available for obligation or
expenditure in fiscal year 2008, or provided from any
accounts in the Treasury of the United States derived by the
collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure through
a reprogramming of funds that: (1) creates new programs; (2)
eliminates a program, project, or activity; (3) increases
funds or personnel by any means for any project or activity
for which funds have been denied or restricted; (4) relocates
an office or employees; (5) reorganizes or renames offices,
programs, or activities; or (6) contracts out or privatizes
any functions or activities presently performed by Federal
employees; unless the Senate Committee on Appropriations is
notified 15 days in advance of such reprogramming of funds.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by
this Act that remain available for obligation or expenditure
in fiscal year 2008, or provided from any accounts in the
Treasury of the United States derived by the collection of
fees available to the agencies funded by this Act, shall be
available for obligation or expenditure for activities,
programs, or projects through a reprogramming of funds in
excess of $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
Senate Committee on Appropriations is notified 15 days in
advance of such reprogramming of funds.
Sec. 506. Hereafter, none of the funds made available in
this Act or any other Act may be used for the construction,
repair (other than emergency repair), overhaul, conversion,
or modernization of vessels for the National Oceanic and
Atmospheric Administration in shipyards located outside of
the United States.
Sec. 507. If it has been finally determined by a court or
Federal agency that any person intentionally affixed a label
bearing a ``Made in America'' inscription, or any inscription
with the same meaning, to any product sold in or shipped to
the United States that is not made in the United States, the
person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act,
pursuant to the debarment, suspension, and ineligibility
procedures described in sections 9.400 through 9.409 of title
48, Code of Federal Regulations.
Sec. 508. Any costs incurred by a department or agency
funded under this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to
such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be
necessary to carry out this section is provided in addition
to authorities included elsewhere in this Act: Provided
further, That use of funds to carry out this section shall be
treated as a reprogramming of funds under section 505 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
Sec. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco
products, or to seek the reduction or removal by any foreign
country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not
applied equally to all tobacco or tobacco products of the
same type.
Sec. 510. None of the funds appropriated pursuant to this
Act or any other provision of law may be used for--
(1) the implementation of any tax or fee in connection with
the implementation of subsection 922(t) of title 18, United
States Code; and
(2) any system to implement subsection 922(t) of title 18,
United States Code, that does not require and result in the
destruction of any identifying information submitted by or on
behalf of any person who has been determined not to be
prohibited from possessing or receiving a firearm no more
than 24 hours after the system advises a Federal firearms
licensee that possession or receipt of a firearm by the
prospective transferee would not violate subsection (g) or
(n) of section 922 of title 18, United States Code, or State
law.
Sec. 511. Notwithstanding any other provision of law,
amounts deposited or available in the Fund established under
42 U.S.C. 10601 in any fiscal year in excess of $625,000,000
shall not be available for obligation until the following
fiscal year.
Sec. 512. None of the funds made available to the
Department of Justice in this Act may be used to discriminate
against or denigrate the religious or moral beliefs of
students who participate in programs for which financial
assistance is provided from those funds, or of the parents or
legal guardians of such students.
Sec. 513. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 514. With the consent of the President, the Secretary
of Commerce shall represent the United States Government in
negotiating and monitoring international agreements regarding
fisheries, marine mammals,

[[Page S12799]]

or sea turtles: Provided, That the Secretary of Commerce
shall be responsible for the development and
interdepartmental coordination of the policies of the United
States with respect to the international negotiations and
agreements referred to in this section.
Sec. 515. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures
set forth in section 505 of this Act.
Sec. 516. Accountability and Transparency of Activities
Carried out With Funds Provided by This Act. (a) Audit
Progress Reports.--The Inspectors General of the Department
of Commerce, the Department of Justice, the National
Aeronautics and Space Administration, and the National
Science Foundation shall conduct audits, pursuant to the
Inspector General Act (5 U.S.C. App.), of grants or contracts
for which funds are appropriated by this Act, and shall
submit reports to Congress on the progress of such audits,
which may include preliminary findings and a description of
areas of particular interest, within 180 days after
initiating such an audit and every 180 days thereafter until
any such audit is completed.
(b) Availability to the Public.--Within 60 days after the
date on which an audit described in subsection (a) by an
Inspector General is completed, the Secretary, Attorney
General, Administrator, or Director, as appropriate, shall
make the results of the audit available to the public on the
Internet website maintained by the Department,
Administration, or Foundation, respectively. The results
shall be made available in redacted form to exclude--
(1) any matter described in section 552(b) of title 5,
United States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Prohibited Use of Funds.--A grant or contract funded by
amounts appropriated by this Act may not be used for the
purpose of defraying the costs of a banquet or conference
that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as
a banquet or conference held in connection with planning,
training, assessment, review, or other routine purposes
related to a project funded by the grant or contract.
(d) Conflict of Interest Statement.--Any person awarded a
grant or contract funded by amounts appropriated by this Act
shall submit a statement to the Secretary of Commerce, the
Attorney General, the Administrator, or the Director, as
appropriate, certifying that no funds derived from the grant
or contract will be made available through a subcontract or
in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
(e) Application to Other Federal Grants and Contracts.--The
provisions of the preceding subsections of this section shall
take effect 30 days after the date on which the Director of
the Office and Management and Budget, in consultation with
the Director of the Office of Government Ethics, determines
that a uniform set of rules and requirements, substantially
similar to the requirements in such subsections, consistently
apply under the executive branch ethics program to all
Federal departments, agencies, and entities.
Sec. 517. None of the funds appropriated or otherwise made
available under this Act may be used to issue patents on
claims directed to or encompassing a human organism.
Sec. 518. If at any time during any quarter, the program
manager of a project within the jurisdiction of the
Departments of Commerce or Justice, the National Aeronautics
and Space Administration, or the National Science Foundation
totaling more than $75,000,000 has reasonable cause to
believe that the total program cost has increased by 10
percent, the program manager shall immediately inform the
Secretary, Administrator, or Director. The Secretary,
Administrator, or Director shall notify the Senate Committee
on Appropriations within 30 days in writing of such increase,
and shall include in such notice: the date on which such
determination was made; a statement of the reasons for such
increases; the action taken and proposed to be taken to
control future cost growth of the project; changes made in
the performance or schedule milestones and the degree to
which such changes have contributed to the increase in total
program costs or procurement costs; new estimates of the
total project or procurement costs; and a statement
validating that the project's management structure is
adequate to control total project or procurement costs.
Sec. 519. None of the funds made available in this Act
shall be used in any way whatsoever to support or justify the
use of torture by any official or contract employee of the
United States Government.
Sec. 520. Notwithstanding section 505 of this Act, no funds
shall be reprogrammed within or transferred between
appropriations after June 30, except in extraordinary
circumstances.
Sec. 521. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or
intelligence related activities are deemed to be specifically
authorized by the Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 414) during fiscal
year 2008 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2008.
Sec. 522. The Offices of Inspectors General funded under
this Act shall forward copies of all audit reports to the
Senate Committee on Appropriations immediately after they are
issued and immediately make the Committee aware of any review
that recommends cancellation of, or modification to, any
major acquisition project or grant, or that recommends
significant budgetary savings: Provided, That the Offices of
Inspectors General funded under this Act shall withhold from
public distribution for a period of 15 days any final audit
or investigation report that was requested by the Senate
Committee on Appropriations.
Sec. 523. Hereafter, none of the funds made available by
the Congress may be used to implement, administer, or enforce
any guidelines of the Equal Employment Opportunity Commission
covering harassment based on religion, when it is made known
to the Federal entity or official to which such funds are
made available that such guidelines do not differ in any
respect from the proposed guidelines published by the
Commission on October 1, 1993 (58 Fed. Reg. 51266).
Sec. 524. None of the funds in this Act or prior Acts
making appropriations for the Department of Justice may be
used to make a grant allocation, a discretionary grant award,
or a discretionary contract award that is specified in the
report accompanying this Act, or to publicly announce the
intention to make such an award, unless the Attorney General,
Secretary, Administrator or Director of the appropriate
agency or bureau notifies the Senate Committee on
Appropriations, at least three full business days in advance:
Provided, That no notification shall involve funds that are
not available for obligation.
Sec. 525. None of the funds provided in this Act may be
used to implement an involuntary reduction in force at any
NASA center during fiscal year 2008.
Sec. 526. (a) Modification of Enhanced-Use Lease Authority
for NASA.--Subsection (a) of section 315 of the National
Aeronautics and Space Administration Act of 1958 (42 U.S.C.
2459j) is amended--
(1) by striking ``Notwithstanding any other provision of
law, the Administrator'' and inserting ``The Administrator'';
and
(2) by striking ``any real property'' and inserting ``any
non-excess real property and related personal property''; and
(3) by striking ``at no more than two (2) National
Aeronautics and Space Administration (NASA) centers''.
(b) Consideration.--Subsection (b) of such section is
amended--
(1) in paragraph (1), by striking ``consideration'' and all
that follows through the end of the paragraph and inserting
``cash consideration for the lease at fair market value as
determined by the Administrator.'';
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as paragraph (2); and
(4) in paragraph (2), as redesignated by paragraph (3) of
this subsection--
(A) in subparagraph (B), by striking ``maintenance'' and
all that follows through ``centers selected for this
demonstration program'' and inserting ``capital
revitalization and construction projects and improvements of
real property assets and related personal property under the
jurisdiction of the Administrator''; and
(B) by adding at the end the following new subparagraph:
``(C) Amounts utilized under subparagraph (B) may not be
utilized for daily operating costs.''.
(c) Lease Restrictions.--Subsection (e) of such section is
amended--
(1) by striking ``Lease Restrictions.--NASA'' and inserting
the following: ``Lease Restrictions.--
``(1) NASA''; and
(2) by adding at the end the following new paragraph:
``(2) NASA is not authorized to enter into an out-lease
under this section unless the Administrator certifies that
such out-lease will not have a negative impact on NASA's
mission.''.
(d) Repeal of Plan and Reporting Requirements.--Such
section is further amended by striking subsection (f).
(e) Sunset.--Such section is further amended by adding at
the end the following new subsection (f):
``(f) Sunset.--The authority to enter into leases under
this section shall expire on the date that is ten years after
the date of the enactment of the Commerce, Justice, Science,
and Related Agencies Appropriations Act of 2008. The
expiration under this subsection of authority to enter into
leases under this section shall not affect the validity or
term of leases or NASA's retention of proceeds from leases
entered into under this section before the date of the
expiration of such authority.''.
(f) Conforming Amendment.--The heading of such section is
amended by striking ``Enhanced-use lease of real property
demonstration'' and inserting ``Lease of non-excess
property''.
Sec. 527. Limitation. (a) In General.--None of the funds
made available in this Act shall be used to initiate or
participate in a civil action by or on the behalf of the
Equal Employment Opportunity Commission against an entity on
the grounds that the entity requires an employee to speak
English while engaged in work.
(b) Effective Date.--Subsection (a) shall apply with
respect to all civil actions that commence on or after the
date of enactment of this Act.

[[Page S12800]]

TITLE VI

RESCISSIONS

DEPARTMENT OF COMMERCE

National Institute of Standards and Technology

INDUSTRIAL TECHNOLOGY SERVICES

(RESCISSION)

Of the unobligated balances available under this heading,
$10,000,000 are rescinded.

DEPARTMENT OF JUSTICE

General Administration

Working Capital Fund

(Rescission)

Of the unobligated balances available under this heading,
$41,000,000 are rescinded.

DETENTION TRUSTEE

(RESCISSION)

Of the unobligated balances available under this heading,
$135,000,000 are rescinded.

Legal Activities

Assets Forfeiture Fund

(Rescission)

Of the unobligated balances available under this heading,
$240,000,000 are rescinded.

Office of Justice Programs

Justice Assistance

(Rescission)

Of the unobligated balances available under this heading,
$87,500,000 are rescinded.

Community Oriented Policing Services

(Rescission)

Of the unobligated balances available under this heading,
$37,500,000 are rescinded.
This Act may be cited as the ``Departments of Commerce and
Justice, Science, and Related Agencies Appropriations Act,
2008''.
______

SA 3212. Mr. McCONNELL (for Mr. Domenici) submitted an amendment
intended to be proposed by Mr. McConnell to the bill 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; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:
Sec. __.  Not later than 180 days after the date of the
enactment of this Act, the Secretary of Homeland Security
shall issue regulations that authorize a national of Mexico,
who enters the United States at a port of entry in New Mexico
with a valid Border Crossing Card (as described in section
212.1(c)(1)(i) of title 8, Code of Federal Regulations), to
travel in New Mexico within 75 miles of the international
border between the United States and Mexico.
______

SA 3213. Mr. McCONNELL (for Mr. Domenici) submitted an amendment
intended to be proposed by him to the bill 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; as follows:

At the appropriate place, insert the following:

SEC. __. DEPUTY UNITED STATES MARSHALS.

(a) Increase Positions.--In each of the fiscal years 2008
through 2012, the Attorney General, subject to the
availability of appropriations, shall increase by not less
than 50 the number of positions for full-time active duty
Deputy United States Marshals assigned to work on
immigration-related matters, including transporting prisoners
and working in Federal courthouses.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General such sums as may
be necessary for each of the fiscal years 2008 through 2012
to carry out subsection (a).
______

SA 3214. Mr. INOUYE submitted an amendment intended to be proposed by
him to the bill 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; as follows:

At the appropriate place, insert the following:
Sec. __. (a) This section may be cited as the ``Commission
on Wartime Relocation and Internment of Latin Americans of
Japanese Descent Act''.
(b) The purpose of this section is to establish a fact-
finding Commission to extend the study of the Commission on
Wartime Relocation and Internment of Civilians to investigate
and determine facts and circumstances surrounding the
relocation, internment, and deportation to Axis countries of
Latin Americans of Japanese descent from December 1941
through February 1948, and the impact of those actions by the
United States, and to recommend appropriate remedies, if any,
based on preliminary findings by the original Commission and
new discoveries.
(c)(1) There is established the Commission on Wartime
Relocation and Internment of Latin Americans of Japanese
descent (referred to in this section as the ``Commission'').
(2) The Commission shall be composed of 9 members, who
shall be appointed not later than 60 days after the date of
enactment of this Act, of whom--
(A) 3 members shall be appointed by the President;
(B) 3 members shall be appointed by the Speaker of the
House of Representatives, on the joint recommendation of the
majority leader of the House of Representatives and the
minority leader of the House of Representatives; and
(C) 3 members shall be appointed by the President pro
tempore of the Senate, on the joint recommendation of the
majority leader of the Senate and the minority leader of the
Senate.
(3) Members shall be appointed for the life of the
Commission. A vacancy in the Commission shall not affect its
powers, but shall be filled in the same manner as the
original appointment was made.
(4)(A) The President shall call the first meeting of the
Commission not later than the later of--
(i) 60 days after the date of enactment of this Act; or
(ii) 30 days after the date of enactment of legislation
making appropriations to carry out this section.
(B) Except as provided in subparagraph (A), the Commission
shall meet at the call of the Chairperson.
(5) Five members of the Commission shall constitute a
quorum, but a lesser number of members may hold hearings.
(6) The Commission shall elect a Chairperson and Vice
Chairperson from among its members. The Chairperson and Vice
Chairperson shall serve for the life of the Commission.
(d)(1) The Commission shall--
(A) extend the study of the Commission on Wartime
Relocation and Internment of Civilians, established by the
Commission on Wartime Relocation and Internment of Civilians
Act--
(i) to investigate and determine facts and circumstances
surrounding the United States' relocation, internment, and
deportation to Axis countries of Latin Americans of Japanese
descent from December 1941 through February 1948, and the
impact of those actions by the United States; and
(ii) in investigating those facts and circumstances, to
review directives of the United States armed forces and the
Department of State requiring the relocation, detention in
internment camps, and deportation to Axis countries of Latin
Americans of Japanese descent; and
(B) recommend appropriate remedies, if any, based on
preliminary findings by the original Commission and new
discoveries.
(2) Not later than 1 year after the date of the first
meeting of the Commission pursuant to subsection (c)(4)(A),
the Commission shall submit a written report to Congress,
which shall contain findings resulting from the investigation
conducted under paragraph (1)(A) and recommendations
described in paragraph (1)(B).
(e)(1) The Commission or, at its direction, any
subcommittee or member of the Commission, may, for the
purpose of carrying out this section--
(A) hold such public hearings in such cities and countries,
sit and act at such times and places, take such testimony,
receive such evidence, and administer such oaths as the
Commission or such subcommittee or member considers
advisable; and
(B) require, by subpoena or otherwise, the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memoranda, papers, documents, tapes,
and materials as the Commission or such subcommittee or
member considers advisable.
(2)(A) Subpoenas issued under paragraph (1) shall bear the
signature of the Chairperson of the Commission and shall be
served by any person or class of persons designated by the
Chairperson for that purpose.
(B) In the case of contumacy or failure to obey a subpoena
issued under paragraph (1), the United States district court
for the judicial district in which the subpoenaed person
resides, is served, or may be found may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(3) Section 1821 of title 28, United States Code, shall
apply to witnesses requested or subpoenaed to appear at any
hearing of the Commission. The per diem and mileage
allowances for witnesses shall be paid from funds available
to pay the expenses of the Commission.
(4) The Commission may secure directly from any Federal
department or agency such information as the Commission
considers necessary to perform its duties. Upon request of
the Chairperson of the Commission, the head of such
department or agency shall furnish such information to the
Commission.
(5) The Commission may use the United States mails in the
same manner and under the same conditions as other
departments and agencies of the Federal Government.
(f)(1) Each member of the Commission who is not an officer
or employee of the Federal Government shall be compensated at
a rate equal to the daily equivalent of the annual rate of
basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each
day (including travel time) during which such member is
engaged in the performance of the duties of the Commission.
All members of the

[[Page S12801]]

Commission who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(2) The members of the Commission shall be allowed travel
expenses, including per diem in lieu of subsistence, at rates
authorized for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while away from
their homes or regular places of business in the performance
of services for the Commission.
(3)(A) The Chairperson of the Commission may, without
regard to the civil service laws and regulations, appoint and
terminate the employment of such personnel as may be
necessary to enable the Commission to perform its duties.
(B) The Chairperson of the Commission may fix the
compensation of the personnel without regard to chapter 51
and subchapter III of chapter 53 of title 5, United States
Code, relating to classification of positions and General
Schedule pay rates, except that the rate of pay for the
personnel may not exceed the rate payable for level V of the
Executive Schedule under section 5316 of such title.
(4) Any Federal Government employee may be detailed to the
Commission without reimbursement, and such detail shall be
without interruption or loss of civil service status or
privilege.
(5) The Chairperson of the Commission may procure temporary
and intermittent services under section 3109(b) of title 5,
United States Code, at rates for individuals that do not
exceed the daily equivalent of the annual rate of basic pay
prescribed for level V of the Executive Schedule under
section 5316 of such title.
(6) The Commission may--
(A) enter into agreements with the Administrator of General
Services to procure necessary financial and administrative
services;
(B) enter into contracts to procure supplies, services, and
property; and
(C) enter into contracts with Federal, State, or local
agencies, or private institutions or organizations, for the
conduct of research or surveys, the preparation of reports,
and other activities necessary to enable the Commission to
perform its duties.
(g) The Commission shall terminate 90 days after the date
on which the Commission submits its report to Congress under
subsection (d)(2).
(h)(1) There are authorized to be appropriated such sums as
may be necessary to carry out this section.
(2) Any sums appropriated under the authorization contained
in this subsection shall remain available, without fiscal
year limitation, until expended.
______

SA 3215. Ms. MIKULSKI proposed an amendment to the bill 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; as follows:

On page 70, between lines 10 and 11, insert the following:
Sec. 217. (a) The Attorney General shall submit quarterly
reports to the Inspector General of the Department of Justice
regarding the costs and contracting procedures relating to
each conference held by the Department of Justice during
fiscal year 2008 for which the cost to the Government was
more than $20,000.
(b) Each report submitted under subsection (a) shall
include, for each conference described in that subsection
held during the applicable quarter--
(1) a description of the subject of and number of
participants attending that conference;
(2) a detailed statement of the costs to the Government
relating to that conference, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services; and
(C) a discussion of the methodology used to determine which
costs relate to that conference; and
(3) a description of the contracting procedures relating to
that conference, including--
(A) whether contracts were awarded on a competitive basis
for that conference; and
(B) a discussion of any cost comparison conducted by the
Department of Justice in evaluating potential contractors for
that conference.
______

SA 3216. Ms. MIKULSKI proposed an amendment to the bill 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; as follows:

After section 113, insert the following:

SEC. 114. LIMITATIONS ON SATELLITE ACQUISITIONS BY THE
DEPARTMENT OF COMMERCE.

(a) Certification.--
(1) Requirement for certification.--Prior to the date that
the certification described in paragraph (2) is made, the
Secretary may not--
(A) obligate funds provided by this Act or by previous
appropriations Acts to acquire satellites; or
(B) receive approval of--
(i) a major milestone; or
(ii) a key decision point.
(2) Content of certification.--The certification described
in this paragraph is a certification made by the Secretary
and the Director that--
(A) the technology utilized in the satellites has been
demonstrated in a relevant environment;
(B) the program has demonstrated a high likelihood of
accomplishing the its intended goals; and
(C) the acquisition of satellites for use in the program
represents a good value--
(i) in consideration of the per unit cost and the total
acquisition cost of the program and in the context of the
total resources available for the fiscal year in which the
certification is made and the future out-year budget
projections for the Department of Commerce; and
(ii) in consideration of the ability of the Secretary to
accomplish the goals of the program using alternative
systems.
(3) Submission to congress.--Not later than the 30 days
after the date of the enactment of this Act, the Secretary
and the Director shall submit to the appropriate
congressional committees--
(A) the certification described in paragraph (2); or
(B) a report on the reasons that such certification cannot
be made.
(b) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Appropriations and the Committee on
Commerce, Science, and Transportation of the Senate; and
(B) the Committee on Appropriations and the Committee on
Science and Technology of the House of Representatives.
(2) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(3) Key decision point.--The term ``key decision point''
means the initiation of procurement for a major system or
subsystem of a program.
(4) Major milestone approval.--The term ``major milestone
approval'' means a decision to enter into development of a
system for a program.
(5) Program.--The term ``program'' means the programs of
the National Oceanic and Atmospheric Administration for which
satellites will be acquired.
(6) Satellite.--The term ``satellite'' means the satellites
proposed to be acquired for the National Oceanic and
Atmospheric Administration, other than the National Polar-
orbiting Operational Environmental Satellite System (NPOESS).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(c) Independent Cost Estimates.--
(1) Requirement.--The Secretary may not approve the
development or acquisition of a program unless an independent
estimate of the full life-cycle cost of the program has been
considered by the Secretary.
(2) Regulations.--The Secretary shall prescribe regulations
governing the content and submission of the estimate required
by paragraph (1). The regulations shall require that each
such estimate--
(A) be prepared by an office or other entity that is not
under the supervision of the Under Secretary of Oceans and
Atmosphere; and
(B) include all costs of development, procurement,
construction, operations, maintenance, and management of the
program.
(d) Requirement for Analysis if Unit Costs Exceed 15
Percent.--
(1) Requirement.--If the percentage increase in the
acquisition cost of a program in which the acquisition unit
cost or procurement unit cost exceeds 15 percent more than
the baseline cost of the program, the Secretary shall
initiate an analysis of the program. Such analysis of
alternatives shall include, at a minimum, the following:
(A) The projected cost to complete the program if current
requirements are not modified.
(B) The projected cost to complete the program based on
potential modifications to the requirements.
(C) The projected cost to complete the program based on
design modifications, enhancements to the producibility of
the program, and other efficiencies.
(D) The projected cost and capabilities of the program that
could be delivered within the originally authorized budget
for the program, including any increase or decrease in
capability.
(E) The projected costs for an alternative system or
capability.
(2) Submission to congress.--The analysis of alternatives
required under paragraph (1) with respect to a program shall
be--
(A) completed not later than 6 months after the date of
that the Secretary determines that the cost of the program
exceeds 15 percent more than the baseline cost of the
program; and
(B) submitted to the appropriate congressional committees
not later than 30 days after the date the analysis is
completed.
(3) Clarification of cost escalation.--For the purposes of
determining whether cost of the Geostationary Operational
Environmental Satellite Program exceeds 15 percent more than
the baseline cost under paragraph (1), the baseline cost of
the such Program is $6,960,000,000.

[[Page S12802]]

______

SA 3217. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill 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; which was
ordered to lie on the table; as follows:

On page 70, after line 10, insert the following:
Sec. __.  None of the funds appropriated by this Act may be
used to plan for, begin, continue, finish, process, or
approve a public-private competition under the Office of
Management and Budget Circular A-76 or any successor
administrative regulation, directive, or policy for work
performed by employees of the Bureau of Prisons or of Federal
Prison Industries, Incorporated.
______

SA 3218. Mrs. MURRAY (for herself, Ms. Cantwell, Mr. Leahy, Mr.
Schumer, Mr. Crapo, Mr. Tester, and Mrs. Clinton) submitted an
amendment intended to be proposed by her to the bill 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; as follows:

On page 53, line 11, after ``officers'' insert ``and of
which $20,000,000 shall be for the Northern Border Prosecutor
Initiative to reimburse State, county, parish, tribal, or
municipal governments only for costs associated with the
prosecution of criminal cases declined by local United States
Attorneys offices, subject to section 505 of this Act''.
______

SA 3219. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill 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; as
follows:

On page 37, line 14, strike the period and insert ``:
Provided further, That not later than 60 days after the
enactment of this Act, the Director of the FBI shall submit
to the Committee on Appropriations of each House a report
that evaluates the FBI's current work force allocation and
assesses the right-sizing and realignment of agents, analysts
and support personnel currently in field offices to better
meet the FBI's mission requirements and priorities.''.
______

SA 3220. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill 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; as
follows:

On page 70, between lines 10 and 11, insert the following:
Sec. 217.  Notwithstanding any other provision of this
title--
(1) the amount appropriated under the heading ``justice
information sharing technology'' under the heading ``General
Administration'' under this title is reduced by $5,000,000;
(2) the amount appropriated under the heading ``juvenile
justice programs'' under the heading ``Office of Justice
Programs'' under this title is increased by $5,000,000; and
(3) of the amount appropriated under the heading ``juvenile
justice programs'' under the heading ``Office of Justice
Programs'' under this title, $10,000,000 is for juvenile
mentoring programs.
______

SA 3221. Mr. DORGAN submitted an amendment intended to be proposed by
him to the bill 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; which was
ordered to lie on the table; as follows:

On page 97, between lines 9 and 10, insert the following:
Sec. 528.  Limitation on Use of Funds for Negotiating Free
Trade Agreements.--None of the funds obligated or otherwise
made available in this Act shall be used by the United States
Trade Representative to negotiate or enter into a free trade
agreement with another country, unless the United States
Trade Representative estimates that, over the 5-year period
beginning on the date the agreement enters into force, the
number of new jobs created in the United States will exceed
the number of jobs lost in the United States as a result of
the agreement.
______

SA 3222. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill 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; as
follows:

On page 35, line 12, insert ``: Provided further, That of
the amount appropriated under this heading, $2,000,000 shall
be used for salaries and expenses for hiring additional
conciliators for the regional offices of the Community
Relations Service of the Department of Justice: Provided
further, That not less than 3 of the conciliators hired under
the preceding proviso shall be employed in region 6'' before
the period.
______

SA 3223. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill 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; as
follows:

On page 57, line 23, after ``Office:'' insert the
following: ``Provided further, That the Attorney General
shall waive in whole the matching requirement under section
1701(g) of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3796dd(g)) for any grant recipient located in
a county or parish in which the President declared a major
disaster (as that term is defined in section 102 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5122)) in response to Hurricane Katrina of
2005 or Hurricane Rita of 2005:''.
______

SA 3224. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill 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; which
was ordered to lie on the table; as follows:

On page 55, line 14, before the period insert the
following: ``: Provided further, That for purposes of making
grants under the Edward Byrne Memorial Justice Assistance
Grant Program under subpart 1 of part E of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3751 et seq.) during fiscal year 2008, the Attorney General
shall deem the population of any State in which the President
declared a major disaster (as that term is defined in section
102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) because of Hurricane Katrina
of 2005 or Hurricane Rita of 2005 to be the population of
that State during fiscal year 2004 or fiscal year 2008,
whichever is greater''.
______

SA 3225. Mr. REID submitted an amendment intended to be proposed by
him to the bill 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; as follows:

On page 26, after line 24, insert the following:
Sec. 114. United States Economic Data. (a) Of the funds
provided in this title for Economic and Information
Infrastructure under the heading ``economic and statistic
analysis'', $950,000 shall be used to carry out the study and
report required under this section.
(b) Not later than 60 days after the date of the enactment
of this Act, the Secretary of Commerce shall enter into a
contract with the National Academy of Sciences to conduct a
study and report on whether the import price data published
by the Bureau of Labor Statistics and other economic data
collected by the United States accurately reflect the
economic condition of the United States.
(c)(1) The report required by subsection (b) shall include
an analysis of the methods used to determine the condition of
the United States economy and shall address--
(A) whether the statistical measure of the United States
economy correctly interprets the impact of imports and
outsourced production;
(B) whether the statistical measures of the United States
economy result in an accurate report of United States gross
domestic product (GDP), productivity, and other aspects of
economic performance;
(C) whether the impact of imports on United States
manufacturing levels and competitiveness is accurately
reported; and
(D) whether other countries are accounting for import
prices more accurately or frequently than the United States.
(2) If the findings of the report indicate that the methods
used for accounting for imported goods and United States
wages result in overstating economic growth, domestic
manufacturing output, and productivity growth, the report
shall include recommendations with respect to--
(A) what actions should be taken to produce more accurate
import price indices on a regular basis; and
(B) what other measures of economic analysis should be used
to accurately reflect the globalization of economic activity
and offshoring of domestic production.
(d) The report required by subsection (b) shall be
completed and submitted to Congress not later than 18 months
after the date of the contract described in subsection (b).
______

SA 3226. Mr. CASEY submitted an amendment intended to be proposed by
him to the bill 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

[[Page S12803]]

other purposes; which was ordered to lie on the table; as follows:

On page 70, insert between lines 10 and 11 the following:

SEC. 217. JUVENILE ACCOUNTABILITY BLOCK GRANTS PROGRAM.

(a) In General.--There are appropriated, out of any money
in the Treasury not otherwise appropriated $30,000,000, for
the Juvenile Accountability Block Grants Program as
authorized by part R of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 4711 et seq.), in addition to
any amounts appropriated for that program under this title.
(b) Reductions.--Notwithstanding any other provision of
this Act, the amount appropriated under the heading ``justice
information sharing technology '' under the heading ``General
Administration'' under this title and the amount appropriated
under the heading ``tactical law enforcement wireless
communications '' under the heading ``General
Administration'' under this title are each reduced by
$15,000,000.
______

SA 3227. Ms. MIKULSKI (for Mr. Dorgan (for himself, Ms. Stabenow, Mr.
Hagel, Mr. Reed, Mr. Levin, and Mr. Biden)) proposed an amendment to
the bill 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; as follows:

On page 52, line 5, strike ``$1,400,000,000'' and insert
``$1,415,000,000''.
On page 53, strike lines 18 and 19 and insert the
following:
(5) $40,000,000 for Drug Courts, as authorized by section
1001(25)(A) of title I of the 1968 Act: Provided, That of the
unobligated balances available to the Department of Justice
(except for amounts made available for Drug Courts, as
authorized by section 1001(25)(A) of title I of the 1968
Act), $15,000,000 are rescinded;
______

SA 3228. Mr. LANDRIEU submitted an amendment intended to be proposed
by him to the bill 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; as
follows:

On page 16, line 11, strike the period at the end and
insert ``: Provided further, That of the funds provided under
this heading, up to $275,000 is made available for the
purchase and distribution of bycatch reduction devices to
shrimpers in areas of the Gulf Coast impacted by Hurricane
Rita or Hurricane Katrina during 2005.''.
______

SA 3229. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill 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; which
was ordered to lie on the table; as follows:

On page 26, after line 24, insert the following:
Sec. 113.  The amount made available in this title under
the heading ``National Oceanic and Atmospheric
Administration'' and the subheading ``operations, research,
and facilities'' is hereby increased by $275,000 for the
purchase and distribution of bycatch reduction devices to
shrimpers in areas of the Gulf Coast impacted by Hurricane
Rita or Hurricane Katrina during 2005.
______

SA 3230. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 3215 proposed by Ms. Mikulski to the bill 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; as follows:

At the appropriate place, insert the following:

SEC. __. LIMITATIONS ON FUNDING FOR CERTAIN CONFERENCES.

Notwithstanding any other provision of this Act, not more
than $15,000,000 of all funds made available to the
Department of Justice under this Act, may be available for
any expenses related to conferences, including for conference
programs, travel costs, and related expenses. No funds
appropriated under this Act may be used to support a
conference sponsored by any organization named as an
unindicted co-conspirator by the Government in any criminal
prosecution.
______

SA 3231. Mr. SHELBY (for himself and Ms. Mikulski) proposed an
amendment to the bill 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;
as follows:

On page 28 line 3 strike ``.'' And insert ``: Provided
further, That $10,000,000 shall only be used to address the
health safety and security issues identified in the United
States Department of Justice, Office of Inspector General
Report 1-2007-008,''
______

SA 3232. Mr. REID (for Mr. Dodd (for himself, Ms. Landrieu, Mr.
Biden, Mrs. McCaskill, and Mr. Brown)) submitted an amendment intended
to be proposed by Mr. Reid to the bill 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; which was ordered to lie on the table; as follows:

On page 70, between lines 10 and 11, insert the following:
Sec. ___. (a) This section may be cited as the ``Emmett
Till Unsolved Civil Rights Crime Act of 2007''.
(b) It is the sense of Congress that all authorities with
jurisdiction, including the Federal Bureau of Investigation
and other entities within the Department of Justice, should--
(1) expeditiously investigate unsolved civil rights
murders, due to the amount of time that has passed since the
murders and the age of potential witnesses; and
(2) provide all the resources necessary to ensure timely
and thorough investigations in the cases involved.
(c)(1) The Attorney General shall designate a Deputy Chief
in the Criminal Section of the Civil Rights Division of the
Department of Justice.
(2)(A) The Deputy Chief shall be responsible for
coordinating the investigation and prosecution of violations
of criminal civil rights statutes that occurred not later
than December 31, 1969, and resulted in a death.
(B) In investigating a complaint under subparagraph (A),
the Deputy Chief may coordinate investigative activities with
State and local law enforcement officials.
(3)(A) The Attorney General shall annually conduct a study
of the cases under the jurisdiction of the Deputy Chief or
under the jurisdiction of the Supervisory Special Agent and,
in conducting the study, shall determine--
(i) the number of open investigations within the Department
for violations of criminal civil rights statutes that
occurred not later than December 31, 1969;
(ii) the number of new cases opened pursuant to this
section since the previous year's study;
(iii) the number of unsealed Federal cases charged within
the study period, including the case names, the jurisdiction
in which the charges were brought, and the date the charges
were filed;
(iv) the number of cases referred by the Department to a
State or local law enforcement agency or prosecutor within
the study period, the number of such cases that resulted in
State charges being filed, the jurisdiction in which such
charges were filed, the date the charges were filed, and if a
jurisdiction declines to prosecute or participate in an
investigation of a case so referred, the fact it did so;
(v) the number of cases within the study period that were
closed without Federal prosecution, the case names of
unsealed Federal cases, the dates the cases were closed, and
the relevant federal statutes;
(vi) the number of attorneys who worked, in whole or in
part, on any case described in paragraph (2)(A); and
(vii) the applications submitted for grants under
subsection (e), the award of such grants, and the purposes
for which the grant amount were expended.
(B) Not later than 6 months after the date of enactment of
this Act, and each year thereafter, the Attorney General
shall prepare and submit to Congress a report containing the
results of the study conducted under subparagraph (A).
(d)(1) The Attorney General shall designate a Supervisory
Special Agent in the Civil Rights Unit of the Federal Bureau
of Investigation of the Department of Justice.
(2)(A) The Supervisory Special Agent shall be responsible
for investigating violations of criminal civil rights
statutes that occurred not later than December 31, 1969, and
resulted in a death.
(B) In investigating a complaint under subparagraph (A),
the Supervisory Special Agent may coordinate the
investigative activities with State and local law enforcement
officials.
(e)(1) The Attorney General may award grants to State or
local law enforcement agencies for expenses associated with
the investigation and prosecution by them of criminal
offenses, involving civil rights, that occurred not later
than December 31, 1969, and resulted in a death.
(2) There are authorized to be appropriated $2,000,000 for
each of the fiscal years 2008 through 2017 to carry out this
subsection.
(f)(1) There are authorized to be appropriated, in addition
to any other amounts otherwise authorized to be appropriated
for this purpose, to the Attorney General $10,000,000 for
each of the fiscal years 2008 through 2017 for the purpose of
investigating and prosecuting violations of criminal civil
rights statutes that occurred not later than December 31,
1969, and resulted in a death. These funds shall be allocated
by the Attorney General to the Deputy Chief of the Criminal
Section of the Civil Rights Division and the Supervisory
Special Agent of the Civil Rights Unit of the Federal Bureau
of Investigation in order to advance the purposes set forth
in this section.
(2) In addition to any amounts authorized to be
appropriated under title XI of the Civil

[[Page S12804]]

Rights Act of 1964 (42 U.S.C. 2000h et seq.), there are
authorized to be appropriated to the Community Relations
Service of the Department of Justice $1,500,000 for fiscal
year 2008 and each subsequent fiscal year, to enable the
Service (in carrying out the functions described in title X
of such Act (42 U.S.C. 2000g et seq.)) to provide technical
assistance by bringing together law enforcement agencies and
communities in the investigation of violations of criminal
civil rights statutes, in cases described in subsection
(d)(2)(A).
(g) In this section, the term ``criminal civil rights
statutes'' means--
(1) section 241 of title 18, United States Code (relating
to conspiracy against rights);
(2) section 242 of title 18, United States Code (relating
to deprivation of rights under color of law);
(3) section 245 of title 18, United States Code (relating
to federally protected activities);
(4) sections 1581 and 1584 of title 18, United States Code
(relating to involuntary servitude and peonage);
(5) section 901 of the Fair Housing Act (42 U.S.C. 3631);
and
(6) any other Federal law that--
(A) was in effect on or before December 31, 1969; and
(B) the Criminal Section of the Civil Rights Division of
the Department of Justice enforced, before the date of
enactment of this Act.
(h) Subsections (b) through (f) shall cease to have effect
at the end of fiscal year 2017.
(i) Title XXXVII of the Crime Control Act of 1990 (42
U.S.C. 5779 et seq.) is amended by adding at the end the
following:

``SEC. 3703. AUTHORITY OF INSPECTORS GENERAL.

``(a) In General.--An Inspector General appointed under
section 3 or 8G of the Inspector General Act of 1978 (5
U.S.C. App.) may authorize staff to assist the National
Center for Missing and Exploited Children--
``(1) by conducting reviews of inactive case files to
develop recommendations for further investigations; and
``(2) by engaging in similar activities.
``(b) Limitations.--
``(1) Priority.--An Inspector General may not permit staff
to engage in activities described in subsection (a) if such
activities will interfere with the duties of the Inspector
General under the Inspector General Act of 1978 (5 U.S.C.
App.).
``(2) Funding.--No additional funds are authorized to be
appropriated to carry out this section.''.
______

SA 3233. Ms. MIKULSKI (for herself, Mr. Shelby, and Mrs. Murray)
proposed an amendment to the bill 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; as follows:

On page 70, between lines 10 and 11, insert the following:
Sec. 217.  Notwithstanding any other provision of this
title--
(1) the amount appropriated in this title under the heading
``General Administration'' is reduced by $10,000,000;
(2) the amount appropriated in this title under the heading
``violence against women prevention and prosecution
programs'' under the heading ``Office on Violence Against
Women'' is increased by $10,000,000; and
(3) of the amount appropriated in this title under the
heading ``violence against women prevention and prosecution
programs'' under the heading ``Office on Violence Against
Women''--
(A) $60,000,000 is for grants to encourage arrest policies,
as authorized by part U of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3796hh et seq.);
(B) $4,000,000 is for engaging men and youth in prevention
programs, as authorized by section 41305 of the Violence
Against Women Act of 1994 (42 U.S.C. 14043d-4); and
(C) $1,000,000 is for the National Resource Center on
Workplace Responses to assist victims of domestic violence,
as authorized by section 41501 of the Violence Against Women
Act of 1994 (42 U.S.C. 14043f).
______

SA 3234. Mr. REID (for Mr. Obama (for himself and Mr. Durbin))
submitted an amendment intended to be proposed by Mr. Reid to the bill
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; which was ordered to lie on
the table; as follows:

At the end of title V, add the following:
Sec. 528.  None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in
excess of such amount unless the prospective contractor or
grantee certifies in writing to the agency awarding the
contract or grant that, to the best of its knowledge and
belief, the contractor or grantee has filed all Federal tax
returns required during the three years preceding the
certification, has not been convicted of a criminal offense
under the Internal Revenue Code of 1986, and has not, more
than 90 days prior to certification, been notified of any
unpaid Federal tax assessment for which the liability remains
unsatisfied, unless the assessment is the subject of an
installment agreement or offer in compromise that has been
approved by the Internal Revenue Service and is not in
default, or the assessment is the subject of a non-frivolous
administrative or judicial proceeding.
______

SA 3235. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill 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; which
was ordered to lie on the table; as follows:

On page 70, between lines 10 and 11, insert the following:
Sec. 217. (a) The Attorney General, in conjunction with
other Federal agencies, shall conduct a study on--
(1) the connection between methamphetamine crimes and
identity theft crimes, and assess the degree of correlation
between such crimes;
(2) how individuals who use methamphetamine and commit
identity theft crimes typically obtain the information of the
victim of such crimes;
(3) how individuals who use methamphetamine and commit
identity theft crimes misuse the information of the victims
of such crimes;
(4) the possible linkages between the sale and distribution
of methamphetamine, gang activity, and gang-related crimes,
including whether there is an increase in gang-related crime
with respect to identity theft;
(5) the needs of Federal, State, local, and tribal law
enforcement to pursue and prosecute methamphetamine crimes
related to identity theft and whether any changes are needed
to Federal law;
(6) the advisability of imposing a sentencing enhancement--
(A) if a person commits both a methamphetamine crime and an
identity theft crime; and
(B) if a person is part of a conspiracy to commit
methamphetamine and identity theft crimes; and
(7) the advisability of establishing a password-protected
electronic clearinghouse within the Department of Justice for
Federal, State, and local law enforcement agencies to--
(A) share information on crimes involving both
methamphetamine and the commission of identity theft;
(B) create a better understanding of the correlation
between such crimes; and
(C) share best practices.
(b) Not later than 12 months after the date of the
enactment of this Act, the Attorney General shall submit a
report to Congress describing the findings of the study
conducted under (a).
______

SA 3236. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill 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; which
was ordered to lie on the table; as follows:

On page 26, after line 24, insert the following:
Sec. 113.  The amount made available in this title under
the heading ``National Oceanic and Atmospheric
Administration'' and the subheading ``operations, research,
and facilities'' is hereby increased by $5,000,000 for
competitive grants to qualified universities for the purposes
of improving large-scale floodplain research directly
applicable to floodplain management and wetland remediation,
coastal restoration, and water quality problems related to
the channelization and control of the Mississippi River.
______

SA 3237. Ms. LANDRIEU submitted an amendment intended to be proposed
by her to the bill 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; which
was ordered to lie on the table; as follows:

On page 16, line 11, strike the period at the end and
insert ``: Provided further, That of the funds provided under
this heading, up to $5,000,000 is made available for
competitive grants to qualified universities for the purposes
of improving large-scale floodplain research directly
applicable to floodplain management and wetland remediation,
coastal restoration, and water quality problems related to
the channelization and control of the Mississippi River.''.
______

SA 3238. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill 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; which
was ordered to lie on the table; as follows:

On page 70, after line 10, insert the following:
Sec. __.  Section 209 of title 18, United States Code, is
amended by adding at the end the following:

[[Page S12805]]

``(i) This section does not prohibit--
``(1) a public or private institution of higher education
from providing an officer or employee of any branch of the
United States Government or of the District of Columbia, who
is a current or former student of such institution, financial
assistance for the purpose of repaying a student loan or
forbearance of student loan repayment; and
``(2) an officer or employee of any branch of the United
States Government or of the District of Columbia from
receiving such assistance or forbearance.''.
______

SA 3239. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill 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; which
was ordered to lie on the table; as follows:

On page 70, after line 10, insert the following:
Sec. __.  Notwithstanding any other provision of law, a
public or private institution of higher education may offer
or provide an officer or employee of any branch of the United
States Government or of the District of Columbia, who is a
current or former student of such institution, financial
assistance for the purpose of repaying a student loan or
forbearance of student loan repayment, and an officer or
employee of any branch of the United States Government or of
the District of Columbia may seek or receive such assistance
or forbearance.
______

SA 3240. Mr. DORGAN (for himself, Mr. Bingaman, Mr. Tester, Mr.
Baucus, Ms. Cantwell, and Mr. Thune) submitted an amendment intended to
be proposed by him to the bill 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;
as follows:

On page 27, line 8, strike ``$104,777,000'' and insert
``$84,777,000''.
On page 54, strike lines 15 through 17 and insert the
following:
(A) $25,000,000 shall be available for grants under section
20109(b) of the 1994 Act (42 U.S.C. 13709(b));
On page 54, strike lines 20 through 22 and insert the
following:
(C) $10,000,000 shall be available for demonstration
projects relating to alcohol and crime in Indian Country, of
which $5,000,000 shall be used to address the problem of
methamphetamine abuse in Indian Country;
On page 59, line 11, strike ``$35,000,000'' and insert
``$40,000,000''.
______

SA 3241. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill 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; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. LIMITATIONS ON FUNDING FOR CERTAIN CONFERENCES.

Notwithstanding any other provision of this Act, not more
than $15,000,000 of all funds made available to the
Department of Justice under this Act, may be available for
any expenses related to conferences, including for conference
programs, travel costs, and related expenses. No funds
appropriated under this Act may be used to support a
conference sponsored by any organization named as an
unindicted co-conspirator by the Government in any criminal
prosecution.
______

SA 3242. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill 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; which was
ordered to lie on the table; as follows:

After section 113, insert the following:
Sec. 114. (a) None of the funds appropriated pursuant to
this Act may be made available for displays at the Thunder
Bay National Marine Sanctuary visitor center in Alpena,
Michigan.
(b) The amount made available in this Act for National
Ocean Services grants shall be reduced $2,000,000 and the
amount made available in this Act for the National Hurricane
Center of the National Oceanic and Atmospheric Administration
shall be increased by $2,000,000.
______

SA 3243. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill 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; as follows:

At the appropriate place, add the following:
Sec. __. (a) Findings.--The Senate finds the following:
(1) In February 2006, the United States Attorney General
and the FBI director announced a partnership with the NAACP,
the Southern Poverty Law Center, and the National Urban
League to investigate unsolved crimes from the civil rights
era.
(2) Attorney General Alberto Gonzales has pledged that
``The Justice Department is committed to investigating and
prosecuting civil-rights era homicides for as long as it
takes and as far as the law allows--because there is no
statute of limitations on human dignity and justice.''.
(3) In February 2006, the FBI enacted an initiative to
identify hate crimes that occurred prior to December 1969,
and resulted in death.
(4) The Bureau's 56 field offices have been directed to
reexamine their unsolved civil rights cases and determine
which ones could still be viable for prosecution.
(5) The FBI has partnered with a number of State and local
authorities, civic organizations, and community leaders to
reexamine old files.
(6) Since the initiative began, the FBI has received nearly
100 such referrals.
(7) The FBI is continuing to assess each referral for its
investigative and legal viability and, given the updated
investigative and forensic tools, move forward in
investigating these cases.
(8) The United States national debt is nearly
$9,000,000,000,000.
(9) Rather than adding to this debt, Congress should offset
any new spending from lower priority spending.
(10) Bringing justice to those who have committed ghastly
civil rights crimes in a fiscally responsible manner that
does not add to the United States national debt should be a
higher priority for Congress than funding parochial pork
barrel projects.
(b) Increased Appropriations.--Amounts provided in this Act
for the Civil Rights Division within the Department of
Justice are increased by $1,680,000 for the prosecution of
civil rights crimes.
(c) Decreased Appropriations.--Appropriations in this Act
for the following accounts are decreased by the amount
indicated:
(1) Ocean, Coastal, and Great Lakes research by $450,000.
(2) Ocean and Coastal Management, National Ocean Service,
by $500,000.
(3) Local Warnings and Forecasts, National Weather Service,
by $300,000.
(4) National Aeronautics and Space Administration by
$800,000.
(5) Education Program, NOAA, by $500,000.
(d) Prohibition on Funding.--Notwithstanding any other
provision of this Act, there shall be no funding for fiscal
year 2008 for the following:
(1) Advanced Undersea Vehicle, Mystic Aquarium-Institute
for Exploration, Mystic, Connecticut.
(2) Maritime Museum, City of Mobile, Alabama.
(3) Eye-On-The-Sky, Fairbanks Museum and Planetarium, St.
Johnsbury, Vermont.
(4) Adler Planetarium, Chicago, Illinois.
(5) U.S. Space and Rocket Center, Huntsville, Alabama, for
an update for the museum and exhibits.
(6) John Smith Water Trail, installation of bouys marking
the John Smith National Water Trail on the Chesapeake Bay,
the Conservation Fund, Arlington, Virginia.
______

SA 3244. Mrs. DOLE submitted an amendment intended to be proposed by
her to the bill 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; which was
ordered to lie on the table; as follows:

On page 53, line 11, insert ``, and of which not less than
$75,000,000 shall be used for training, exercises, and
technical assistance consistent with section 287(g) of the
Immigration and Nationality Act (8 U.S.C. 1357(g))'' before
the semicolon at the end.
______

SA 3245. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill 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; which
was ordered to lie on the table; as follows:

On page 15, line 3, strike the colon and insert ``, of
which $250,000 shall be available to the University of Alaska
at Fairbanks to organize and operate the 2008 meeting of the
Conference of Parliamentarians of the Arctic Region in
Fairbanks, Alaska:''.
______

SA 3246. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill 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; which was
ordered to lie on the table; as follows:

At the appropriate place insert the following:
(a) Findings.--The Senate finds the following:

[[Page S12806]]

(1) The Census, taken every ten years since 1790, is
necessary for determining Congressional representation,
Electoral College votes, and government program funding;
(2) The United States Census Bureau is required to count
citizens and non-citizens alike;
(3) It is a challenge for the United States Census Bureau
to convince non-citizens living in the United States that
their participation in the census is important and the
information they provide will not be disclosed to law
enforcement authorities;
(4) During the 1980, 1990, and 2000 censuses, federal
immigration officials agreed to limit immigration enforcement
efforts to allow the Census Bureau to encourage the
participation of all persons in the United States in the
census;
(5) The officials of the Immigration and Customs
Enforcement Bureau of the Department of Homeland Security's
Immigration and Customs Enforcement have publicly stated the
agency will ``not even consider scaling back [its] efforts''
to aggressively enforce federal immigration laws during the
2010 census;
(6) The data provided by the United States Census Bureau is
essential to understanding population trends and providing
the federal government and the Congress with important
information related to public policy debates, including
information on the number of undocumented persons living in
the United States;
(b) Sense of the Senate.--It is the sense of the Senate
that as part of the effort to count all persons physically in
the United States during the 2010 Census, the Immigration and
Customs Enforcement Bureau of the Department of Homeland
Security should limit aggressive enforcement of federal
immigration laws to promote full participation by noncitizens
in the census.
______

SA 3247. Mrs. McCASKILL submitted an amendment intended to be
proposed by her to the bill 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;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
Sec. __.  Not later than 30 days after the date of
enactment of this Act, the Departments, agencies, and
commissions funded under this Act, shall establish and
maintain on the homepages of their Internet websites--
(1) a direct link to the Internet websites of their Offices
of Inspectors General; and
(2) a mechanism on the Offices of Inspectors General
website by which individuals may anonymously report cases of
waste, fraud, or abuse with respect to those Departments,
agencies, and commissions.
______

SA 3248. Mrs. BOXER submitted an amendment intended to be proposed by
him to the bill 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; which was
ordered to lie on the table; as follows:

On page 26, after line 24, insert the following:
Sec. 113. (a) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce shall submit
to Congress a report that provides a detailed plan for--
(1) the implementation of the recommendations made in the
regional ecosystem research study carried out under paragraph
(1) of section 406(f) of the of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1882); and
(2) the provision of the technical advice described in
paragraph (2) of such section.
(b) Of the amount made available in this title under the
heading ``National Oceanic and Atmospheric Administration''
and the subheading ``operations, research, and facilities''--
(1) $250,000 is made available to prepare the report
required by subsection (a); and
(2) $2,000,000 is made available to carry out the plan
described in such report.
Sec. 114. (a) Not later than 1 year after the date of the
enactment of this Act, the National Research Council shall
complete the study on acidification of the oceans and how
this process affects the United States authorized by section
701 of the Magnuson-Stevens Fishery Conservation and
Management Reauthorization Act of 2006 (Public Law 109-479;
120 Stat. 3649).
(b) Of the amount made available in this title under the
heading ``National Oceanic and Atmospheric Administration''
and the subheading ``operations, research, and facilities''
$750,000 is made available for the study required by
subsection (a).
______

SA 3249. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill 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; which was
ordered to lie on the table; as follows:

On page 52, line 5, strike ``$1,400,000,000'' and insert
``$1,430,000,000''.
On page 52, line 15, strike ``$60,000,000'' and insert
``$90,000,000''.
On page 70, after line 10, insert the following:
Sec. __. Of the unobligated balances made available for the
Department of Justice in prior fiscal years, $30,000,000 are
rescinded. Provided, That within 30 days after the date of
the enactment of this section the Attorney General shall
submit to the Committee on Appropriations of the House of
Representatives and the Senate a report specifying the amount
of each rescission made pursuant to this section.
______

SA 3250. Ms. MIKULSKI (for herself, Mrs. Hutchison, Mr. Shelby, Ms.
Landrieu, Mr. Vitter, Mrs. Clinton, Mr. Brown, and Mrs. Boxer) proposed
an amendment to the bill 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;
as follows:

On page 74, between lines 4 and 5, insert the following:

return to flight

For necessary expenses, not otherwise provided for, in
carrying out return to flight activities associated with the
space shuttle and activities from which funds were
transferred to accommodate return to flight activities,
$1,000,000,000 to remain available until expended with such
sums as determined by the Administrator of the National
Aeronautics and Space Administration as available for
transfer to ``Exploration Capabilities'' and ``Science,
Aeronautics, And Exploration'' for restoration of funds
previously reallocated to meet return to flight activities:
Provided, That the amount provided under this heading is
designated as an emergency requirement and necessary to meet
emergency needs pursuant to subsections (a) and (b) of
section 204 of S. Con. Res. 21 (110th Congress).
______

SA 3251. Mr. LAUTENBERG (for himself and Mrs. Boxer) submitted an
amendment intended to be proposed by him to the bill 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; which was ordered to lie on the table; as
follows:

On page 16, line 11, strike the period at the end and
insert ``: Provided further, That of the funds available for
the Ocean Research Priorities Plan Implementation, such sums
as may be necessary shall be set aside to initiate the study
to be completed within 2 years, on acidification of the
oceans and how this process affects the United States as
authorized by section 701 of the Magnuson-Stevens Fishery
Conservation and Management Reauthorization Act of 2006
(Public Law 109-479; 120 Stat. 3649).''.

______

SA 3252. Mr. FEINGOLD (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill 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; which was ordered to lie on the table; as
follows:

On page 98, after line 21, insert the following:

TITLE VII--WARTIME TREATMENT STUDY ACT

SEC. 701. SHORT TITLE.

This title may be cited as the ``Wartime Treatment Study
Act''.

SEC. 702. FINDINGS.

Congress makes the following findings:
(1) During World War II, the United States Government
deemed as ``enemy aliens'' more than 600,000 Italian-born and
300,000 German-born United States resident aliens and their
families and required them to carry Certificates of
Identification and limited their travel and personal property
rights. At that time, these groups were the 2 largest
foreign-born groups in the United States.
(2) During World War II, the United States Government
arrested, interned, or otherwise detained thousands of
European Americans, some remaining in custody for years after
cessation of World War II hostilities, and repatriated,
exchanged, or deported European Americans, including
American-born children, to European Axis nations, many to be
exchanged for Americans held in those nations.
(3) Pursuant to a policy coordinated by the United States
with Latin American nations, many European Latin Americans,
including German and Austrian Jews, were arrested, brought to
the United States, and interned. Many were later expatriated,
repatriated, or deported to European Axis nations during
World War II, many to be exchanged for Americans and Latin
Americans held in those nations.
(4) Millions of European Americans served in the armed
forces and thousands sacrificed their lives in defense of the
United States.
(5) The wartime policies of the United States Government
were devastating to the Italian American and German American

[[Page S12807]]

communities, individuals, and their families. The detrimental
effects are still being experienced.
(6) Prior to and during World War II, the United States
restricted the entry of Jewish refugees who were fleeing
persecution or genocide and sought safety in the United
States. During the 1930's and 1940's, the quota system,
immigration regulations, visa requirements, and the time
required to process visa applications affected the number of
Jewish refugees, particularly those from Germany and Austria,
who could gain admittance to the United States.
(7) The United States Government should conduct an
independent review to fully assess and acknowledge these
actions. Congress has previously reviewed the United States
Government's wartime treatment of Japanese Americans through
the Commission on Wartime Relocation and Internment of
Civilians. An independent review of the treatment of German
Americans and Italian Americans and of Jewish refugees
fleeing persecution and genocide has not yet been undertaken.
(8) Time is of the essence for the establishment of
commissions, because of the increasing danger of destruction
and loss of relevant documents, the advanced age of potential
witnesses and, most importantly, the advanced age of those
affected by the United States Government's policies. Many who
suffered have already passed away and will never know of this
effort.

SEC. 703. DEFINITIONS.

In this title:
(1) During world war ii.--The term ``during World War II''
refers to the period between September 1, 1939, through
December 31, 1948.
(2) European americans.--
(A) In general.--The term ``European Americans'' refers to
United States citizens and resident aliens of European
ancestry, including Italian Americans, German Americans,
Hungarian Americans, Romanian Americans, and Bulgarian
Americans.
(B) Italian americans.--The term ``Italian Americans''
refers to United States citizens and resident aliens of
Italian ancestry.
(C) German americans.--The term ``German Americans'' refers
to United States citizens and resident aliens of German
ancestry.
(3) European latin americans.--The term ``European Latin
Americans'' refers to persons of European ancestry, including
Italian or German ancestry, residing in a Latin American
nation during World War II.
(4) Latin american nation.--The term ``Latin American
nation'' refers to any nation in Central America, South
America, or the Carribean.

Subtitle A--Commission on Wartime Treatment of European Americans

SEC. 710. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF
EUROPEAN AMERICANS.

(a) In General.--There is established the Commission on
Wartime Treatment of European Americans (referred to in this
subtitle as the ``European American Commission'').
(b) Membership.--The European American Commission shall be
composed of 7 members, who shall be appointed not later than
90 days after the date of enactment of this title as follows:
(1) Three members shall be appointed by the President.
(2) Two members shall be appointed by the Speaker of the
House of Representatives, in consultation with the minority
leader.
(3) Two members shall be appointed by the majority leader
of the Senate, in consultation with the minority leader.
(c) Terms.--The term of office for members shall be for the
life of the European American Commission. A vacancy in the
European American Commission shall not affect its powers, and
shall be filled in the same manner in which the original
appointment was made.
(d) Representation.--The European American Commission shall
include 2 members representing the interests of Italian
Americans and 2 members representing the interests of German
Americans.
(e) Meetings.--The President shall call the first meeting
of the European American Commission not later than 120 days
after the date of enactment of this title.
(f) Quorum.--Four members of the European American
Commission shall constitute a quorum, but a lesser number may
hold hearings.
(g) Chairman.--The European American Commission shall elect
a Chairman and Vice Chairman from among its members. The term
of office of each shall be for the life of the European
American Commission.
(h) Compensation.--
(1) In general.--Members of the European American
Commission shall serve without pay.
(2) Reimbursement of expenses.--All members of the European
American Commission shall be reimbursed for reasonable travel
and subsistence, and other reasonable and necessary expenses
incurred by them in the performance of their duties.

SEC. 711. DUTIES OF THE EUROPEAN AMERICAN COMMISSION.

(a) In General.--It shall be the duty of the European
American Commission to review the United States Government's
wartime treatment of European Americans and European Latin
Americans as provided in subsection (b).
(b) Scope of Review.--The European American Commission's
review shall include the following:
(1) A comprehensive review of the facts and circumstances
surrounding United States Government actions during World War
II with respect to European Americans and European Latin
Americans pursuant to the Alien Enemies Acts (50 U.S.C. 21 et
seq.), Presidential Proclamations 2526, 2527, 2655, 2662, and
2685, Executive Orders 9066 and 9095, and any directive of
the United States Government pursuant to such law,
proclamations, or executive orders respecting the
registration, arrest, exclusion, internment, exchange, or
deportation of European Americans and European Latin
Americans. This review shall include an assessment of the
underlying rationale of the United States Government's
decision to develop related programs and policies, the
information the United States Government received or acquired
suggesting the related programs and policies were necessary,
the perceived benefit of enacting such programs and policies,
and the immediate and long-term impact of such programs and
policies on European Americans and European Latin Americans
and their communities.
(2) A comprehensive review of United States Government
action during World War II with respect to European Americans
and European Latin Americans pursuant to the Alien Enemies
Acts (50 U.S.C. 21 et seq.), Presidential Proclamations 2526,
2527, 2655, 2662, and 2685, Executive Orders 9066 and 9095,
and any directive of the United States Government pursuant to
such law, proclamations, or executive orders, including
registration requirements, travel and property restrictions,
establishment of restricted areas, raids, arrests,
internment, exclusion, policies relating to the families and
property that excludees and internees were forced to abandon,
internee employment by American companies (including a list
of such companies and the terms and type of employment),
exchange, repatriation, and deportation, and the immediate
and long-term effect of such actions, particularly
internment, on the lives of those affected. This review shall
include a list of--
(A) all temporary detention and long-term internment
facilities in the United States and Latin American nations
that were used to detain or intern European Americans and
European Latin Americans during World War II (in this
paragraph referred to as ``World War II detention
facilities'');
(B) the names of European Americans and European Latin
Americans who died while in World War II detention facilities
and where they were buried;
(C) the names of children of European Americans and
European Latin Americans who were born in World War II
detention facilities and where they were born; and
(D) the nations from which European Latin Americans were
brought to the United States, the ships that transported them
to the United States and their departure and disembarkation
ports, the locations where European Americans and European
Latin Americans were exchanged for persons held in European
Axis nations, and the ships that transported them to Europe
and their departure and disembarkation ports.
(3) A brief review of the participation by European
Americans in the United States Armed Forces including the
participation of European Americans whose families were
excluded, interned, repatriated, or exchanged.
(4) A recommendation of appropriate remedies, including how
civil liberties can be protected during war, or an actual,
attempted, or threatened invasion or incursion, an assessment
of the continued viability of the Alien Enemies Acts (50
U.S.C. 21 et seq.), and public education programs related to
the United States Government's wartime treatment of European
Americans and European Latin Americans during World War II.
(c) Field Hearings.--The European American Commission shall
hold public hearings in such cities of the United States as
it deems appropriate.
(d) Report.--The European American Commission shall submit
a written report of its findings and recommendations to
Congress not later than 18 months after the date of the first
meeting called pursuant to section 101(e).

SEC. 712. POWERS OF THE EUROPEAN AMERICAN COMMISSION.

(a) In General.--The European American Commission or, on
the authorization of the Commission, any subcommittee or
member thereof, may, for the purpose of carrying out the
provisions of this subtitle, hold such hearings and sit and
act at such times and places, and request the attendance and
testimony of such witnesses and the production of such books,
records, correspondence, memorandum, papers, and documents as
the Commission or such subcommittee or member may deem
advisable. The European American Commission may request the
Attorney General to invoke the aid of an appropriate United
States district court to require, by subpoena or otherwise,
such attendance, testimony, or production.
(b) Government Information and Cooperation.--The European
American Commission may acquire directly from the head of any
department, agency, independent instrumentality, or other
authority of the executive branch of the Government,
available information that the European American Commission
considers useful in the discharge of its duties. All
departments, agencies, and independent instrumentalities, or
other authorities of the executive branch of the Government
shall cooperate with the European American Commission and
furnish all information requested by the European

[[Page S12808]]

American Commission to the extent permitted by law, including
information collected under the Commission on Wartime and
Internment of Civilians Act (Public Law 96-317; 50 U.S.C.
App. 1981 note) and the Wartime Violation of Italian
Americans Civil Liberties Act (Public Law 106-451; 50 U.S.C.
App. 1981 note). For purposes of section 552a(b)(9) of title
5, United States Code (commonly known as the ``Privacy Act of
1974''), the European American Commission shall be deemed to
be a committee of jurisdiction.

SEC. 713. ADMINISTRATIVE PROVISIONS.

The European American Commission is authorized to--
(1) appoint and fix the compensation of such personnel as
may be necessary, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that the compensation of any employee of the
Commission may not exceed a rate equivalent to the rate
payable under GS-15 of the General Schedule under section
5332 of such title;
(2) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of such title;
(3) obtain the detail of any Federal Government employee,
and such detail shall be without reimbursement or
interruption or loss of civil service status or privilege;
(4) enter into agreements with the Administrator of General
Services for procurement of necessary financial and
administrative services, for which payment shall be made by
reimbursement from funds of the Commission in such amounts as
may be agreed upon by the Chairman of the Commission and the
Administrator;
(5) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriation
Acts; and
(6) enter into contracts with Federal or State agencies,
private firms, institutions, and agencies for the conduct of
research or surveys, the preparation of reports, and other
activities necessary to the discharge of the duties of the
Commission, to the extent or in such amounts as are provided
in appropriation Acts.

SEC. 714. FUNDING.

Of the amounts authorized to be appropriated to the
Department of Justice, $600,000 shall be available to carry
out this subtitle.

SEC. 715. SUNSET.

The European American Commission shall terminate 60 days
after it submits its report to Congress.

Subtitle B--Commission on Wartime Treatment of Jewish Refugees

SEC. 720. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF
JEWISH REFUGEES.

(a) In General.--There is established the Commission on
Wartime Treatment of Jewish Refugees (referred to in this
title as the ``Jewish Refugee Commission'').
(b) Membership.--The Jewish Refugee Commission shall be
composed of 7 members, who shall be appointed not later than
90 days after the date of enactment of this title as follows:
(1) Three members shall be appointed by the President.
(2) Two members shall be appointed by the Speaker of the
House of Representatives, in consultation with the minority
leader.
(3) Two members shall be appointed by the majority leader
of the Senate, in consultation with the minority leader.
(c) Terms.--The term of office for members shall be for the
life of the Jewish Refugee Commission. A vacancy in the
Jewish Refugee Commission shall not affect its powers, and
shall be filled in the same manner in which the original
appointment was made.
(d) Representation.--The Jewish Refugee Commission shall
include 2 members representing the interests of Jewish
refugees.
(e) Meetings.--The President shall call the first meeting
of the Jewish Refugee Commission not later than 120 days
after the date of enactment of this title.
(f) Quorum.--Four members of the Jewish Refugee Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(g) Chairman.--The Jewish Refugee Commission shall elect a
Chairman and Vice Chairman from among its members. The term
of office of each shall be for the life of the Jewish Refugee
Commission.
(h) Compensation.--
(1) In general.--Members of the Jewish Refugee Commission
shall serve without pay.
(2) Reimbursement of expenses.--All members of the Jewish
Refugee Commission shall be reimbursed for reasonable travel
and subsistence, and other reasonable and necessary expenses
incurred by them in the performance of their duties.

SEC. 721. DUTIES OF THE JEWISH REFUGEE COMMISSION.

(a) In General.--It shall be the duty of the Jewish Refugee
Commission to review the United States Government's refusal
to allow Jewish and other refugees fleeing persecution or
genocide in Europe entry to the United States as provided in
subsection (b).
(b) Scope of Review.--The Jewish Refugee Commission's
review shall cover the period between January 1, 1933,
through December 31, 1945, and shall include, to the greatest
extent practicable, the following:
(1) A review of the United States Government's decision to
deny Jewish and other refugees fleeing persecution or
genocide entry to the United States, including a review of
the underlying rationale of the United States Government's
decision to refuse the Jewish and other refugees entry, the
information the United States Government received or acquired
suggesting such refusal was necessary, the perceived benefit
of such refusal, and the impact of such refusal on the
refugees.
(2) A review of Federal refugee law and policy relating to
those fleeing persecution or genocide, including
recommendations for making it easier in the future for
victims of persecution or genocide to obtain refuge in the
United States.
(c) Field Hearings.--The Jewish Refugee Commission shall
hold public hearings in such cities of the United States as
it deems appropriate.
(d) Report.--The Jewish Refugee Commission shall submit a
written report of its findings and recommendations to
Congress not later than 18 months after the date of the first
meeting called pursuant to section 201(e).

SEC. 722. POWERS OF THE JEWISH REFUGEE COMMISSION.

(a) In General.--The Jewish Refugee Commission or, on the
authorization of the Commission, any subcommittee or member
thereof, may, for the purpose of carrying out the provisions
of this subtitle, hold such hearings and sit and act at such
times and places, and request the attendance and testimony of
such witnesses and the production of such books, records,
correspondence, memorandum, papers, and documents as the
Commission or such subcommittee or member may deem advisable.
The Jewish Refugee Commission may request the Attorney
General to invoke the aid of an appropriate United States
district court to require, by subpoena or otherwise, such
attendance, testimony, or production.
(b) Government Information and Cooperation.--The Jewish
Refugee Commission may acquire directly from the head of any
department, agency, independent instrumentality, or other
authority of the executive branch of the Government,
available information that the Jewish Refugee Commission
considers useful in the discharge of its duties. All
departments, agencies, and independent instrumentalities, or
other authorities of the executive branch of the Government
shall cooperate with the Jewish Refugee Commission and
furnish all information requested by the Jewish Refugee
Commission to the extent permitted by law, including
information collected as a result of the Commission on
Wartime and Internment of Civilians Act (Public Law 96-317;
50 U.S.C. App. 1981 note) and the Wartime Violation of
Italian Americans Civil Liberties Act (Public Law 106-451; 50
U.S.C. App. 1981 note). For purposes of section 552a(b)(9) of
title 5, United States Code (commonly known as the ``Privacy
Act of 1974''), the Jewish Refugee Commission shall be deemed
to be a committee of jurisdiction.

SEC. 723. ADMINISTRATIVE PROVISIONS.

The Jewish Refugee Commission is authorized to--
(1) appoint and fix the compensation of such personnel as
may be necessary, without regard to the provisions of title
5, United States Code, governing appointments in the
competitive service, and without regard to the provisions of
chapter 51 and subchapter III of chapter 53 of such title
relating to classification and General Schedule pay rates,
except that the compensation of any employee of the
Commission may not exceed a rate equivalent to the rate
payable under GS-15 of the General Schedule under section
5332 of such title;
(2) obtain the services of experts and consultants in
accordance with the provisions of section 3109 of such title;
(3) obtain the detail of any Federal Government employee,
and such detail shall be without reimbursement or
interruption or loss of civil service status or privilege;
(4) enter into agreements with the Administrator of General
Services for procurement of necessary financial and
administrative services, for which payment shall be made by
reimbursement from funds of the Commission in such amounts as
may be agreed upon by the Chairman of the Commission and the
Administrator;
(5) procure supplies, services, and property by contract in
accordance with applicable laws and regulations and to the
extent or in such amounts as are provided in appropriation
Acts; and
(6) enter into contracts with Federal or State agencies,
private firms, institutions, and agencies for the conduct of
research or surveys, the preparation of reports, and other
activities necessary to the discharge of the duties of the
Commission, to the extent or in such amounts as are provided
in appropriation Acts.

SEC. 724. FUNDING.

Of the amounts authorized to be appropriated to the
Department of Justice, $600,000 shall be available to carry
out this subtitle.

SEC. 725. SUNSET.

The Jewish Refugee Commission shall terminate 60 days after
it submits its report to Congress.
______

SA 3253. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill H.R. 3093, making appropriations for the
Departments of

[[Page S12809]]

Commerce and Justice, and Science, and Related Agencies for the fiscal
year ending September 30, 2008, and for other purposes; which was
ordered to lie on the table; as follows:

On page 51, line 15, strike the period and insert ``:
Provided further, That an additional $2,416,000 shall be
available to provide additional funding for the Bureau of
Justice of Assistance to convert the National Motor Vehicle
Title Information System's (NMVTIS) systems data storage to
server-based architecture which amount shall be offset by a
$2,416,000 reduction in the Legal Activities account.''.
______

SA 3254. Mrs. FEINSTEIN (for herself and Mr. Kyl) submitted an
amendment intended to be proposed by her to the bill 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; which was ordered to lie on the table; as
follows:

On 88, line 1, strike ``$625,000,000'' and all that follows
through line 2 and insert the following: ``$635,000,000 shall
not be available for obligation until the following fiscal
year and, notwithstanding any other provision of this Act,
the amount appropriated under the heading `salaries and
expenses' under the heading `Other Departmental Management'
under title I is reduced by $10,000,000.''.
______

SA 3255. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill 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; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DOCUMENT VERIFICATION TECHNOLOGY.

(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland
Security, using funds appropriated by this Act, shall
implement a pilot program to test automated document
authentication technology at United States ports of entry to
determine the effectiveness of the technology in detecting
fraudulent travel documents and reducing the ability of
terrorists to enter the United States.
(b) Report.--Not later than 90 days after the completion of
the pilot program under subsection (a), the Secretary of
Homeland Security shall submit a report to the appropriate
congressional committees (as defined in section 2(2) of the
Homeland Security Act of 2002 (6 U.S.C. 101(2))) on the
results of the pilot program.
______

SA 3256. Mr. REID (for Mr. Biden (for himself, Mr. Kohl, Mr.
Bingaman, Mrs. Clinton, Mr. Kerry, Mr. Levin, Mr. Kennedy, Mr. Bayh,
Ms. Cantwell, Mrs. Boxer, Mr. Schumer, Mr. Dodd, Mr. Casey, Ms.
Collins, Mr. Cardin, Mr. Reed, Mr. Nelson of Nebraska, Mr. Lautenberg,
Ms. Klobuchar, Mr. Whitehouse, and Mr. Leahy)) submitted an amendment
intended to be proposed by Mr. Reid to the bill 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; as follows:

On page 57, line 7, strike ``$550,000,000'' and insert
``$660,000,000''.
On page 60, line 2, strike ``and'' and all that follows
through ``Funds'' on line 3, and insert the following:
(12) $110,000,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and
rehiring of additional career law enforcement officers under
part Q of such title, notwithstanding subsection (i) of such
section; and
(13)
On page 97, between lines 19 and 20, insert the following:
Of the unobligated balances made available for the
Department of Justice in prior fiscal years, $110,000,000 are
rescinded.
______

SA 3257. Mrs. MURRAY (for herself, Mr. Isakson, and Mrs. Boxer)
proposed an amendment to the bill S. 742, to amend the Toxic Substances
Control Act to reduce the health risks posed by asbestos-containing
materials and products having asbestos-containing material, and for
other purposes; as follows:

On page 24, strike lines 10 through 22.
On page 24, line 23, strike ``(10)'' and insert ``(6)''.
On page 25, strike lines 1 through 3.
On page 25, line 4, strike ``(12)'' and insert ``(7)''.
On page 25, line 7, strike ``(13)'' and insert ``(8)''.
On page 25, line 11, strike ``(14)(A)'' and insert
``(9)(A)''.
On page 25, line 20, strike ``(15)'' and insert ``(10)''.
On page 25, line 23, strike ``(16)'' and insert ``(11)''.
On page 26, line 1, strike ``(17)'' and insert ``(12)''.
On page 26, line 6, strike ``(18)'' and insert ``(13)''.
On page 26, line 10, strike ``(19)'' and insert ``(14)''.
On page 26, line 15, strike ``(20)'' and insert ``(15)''.
On page 26, line 19, strike ``(21)'' and insert ``(16)''.
On page 27, line 1, strike ``(22)'' and insert ``(17)''.
On page 27, line 6, strike ``(23)'' and insert ``(18)''.
On page 27, line 15, strike ``(24)'' and insert ``(19)''.
On page 27, line 17, strike ``(25)'' and insert ``(20)''.
______

SA 3258. Mrs. MURRAY proposed an amendment to the bill S. 742, to
amend the Toxic Substances Control Act to reduce the health risks posed
by asbestos-containing materials and products having asbestos-
containing material, and for other purposes; as follows:

Amend the title so as to read: ``To amend the Toxic
Substances Control Act to materials and products having
asbestos-containing material, and for other purposes.''.
______

SA3259. Mr. KOHL submitted an amendment intended to be proposed by
him to the bill 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; which was
ordered to lie on the table; as follows:

On page 60, line 15, strike ``$340,000,000'' and insert
``$350,000,000''.
On page 61, line 6, strike ``$65,000,000'' and insert
``$75,000,000''.
On page 70, between lines 10 and 11, insert the following:
Sec. 217.  Of the unobligated balances made available for
the Department of Justice in any fiscal year before fiscal
year 2008, $10,000,000 are rescinded.
______

SA 3260. Mr. BROWN (for himself, Ms. Stabenow, Mr. Byrd, and Mr.
Rockefeller) submitted an amendment intended to be proposed by him to
the bill 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; as follows:

On page 97, between lines 9 and 10, and insert the
following:
Sec. 528. Limitation on Negotiating Trade Agreements. None
of the funds appropriated or otherwise made available in this
Act may be used in a manner that is inconsistent with the
principal negotiating objective of the United States with
respect to trade remedy laws to preserve the ability of the
United States--
(1) to enforce vigorously its trade laws, including
antidumping, countervailing duty, and safeguard laws;
(2) to avoid agreements that--
(A) lessen the effectiveness of domestic and international
disciplines on unfair trade, especially dumping and
subsidies; or
(B) lessen the effectiveness of domestic and international
safeguard provisions, in order to ensure that United States
workers, agricultural producers, and firms can compete fully
on fair terms and enjoy the benefits of reciprocal trade
concessions; and
(3) to address and remedy market distortions that lead to
dumping and subsidization, including overcapacity,
cartelization, and market-access barriers.
______

SA 3261. Mr. COBURN submitted an amendment intended to be proposed by
him to the bill 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; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC.__. ACCOUNTABILITY AND TRANSPARENCY.

(a) Prohibited Use of Funds.--A grant or contract funded by
amounts appropriated by this Act may not be used for the
purpose of defraying the costs of a banquet or conference
that is not directly and programmatically related to the
purpose for which the grant or contract was awarded. A
directly and programmatically related banquet or conference
includes a banquet or conference held in connection with
planning, training, assessment, review, or other routine
purposes related to a project funded by the grant or
contract. Records of the total costs related to, and
justifications for, all banquets and conferences shall be
reported to the appropriate Department, Administration, or
Foundation. Not later than 60 days after receipt of such
records, the appropriate Department, Administration, or
Foundation shall make the records available to the public.
(b) Conflict of Interest Statement.--Any person awarded a
grant or contract funded by amounts appropriated by this Act

[[Page S12810]]

shall submit a statement to the Secretary or the Director, as
appropriate, certifying that no funds derived from the grant
or contract will be made available through a subcontract or
in any other manner to another person who has a financial
interest or other conflict of interest in the person awarded
the grant or contract, unless such conflict is previously
disclosed and approved in the process of entering into a
contract or awarding a grant. Not later than 60 days after
receipt of the certification, the appropriate Secretary,
Administrator, or Director shall make all documents received
that relate to the certification available to the public.
______

SA 3262. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill 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; which
was ordered to lie on the table; as follows:

After section 113, insert the following:
Sec. 114.  The National Oceanic and Atmospheric
Administration Ship Henry B. Bigelow is the replacement for
the National Oceanic and Atmospheric Administration Ship
Albatross IV and, as such replacement, has the same homeport
of Woods Hole, Massachusetts.
______

SA 3263. Mr. PRYOR (for himself, Mr. Smith, and Mr. Stevens)
submitted an amendment intended to be proposed by him to the bill 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; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. ___. DIGITAL AND WIRELESS NETWORKS FOR HIGHER EDUCATION
PILOT PROGRAM.

(a) Short Title.--This section may be cited as the ``ED 1.0
Act''.
(b) Appropriations.--Notwithstanding any other provision of
this Act, from the amount appropriated under title I under
the heading ``Technology Opportunities Program'', $4,500,000
may be available for the pilot program under this section, to
remain available until expended.
(c) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Telecommunications and
Information Administration.
(2) Eligible educational institution.--The term ``eligible
educational institution'' means an institution that is--
(A) a historically Black college or university;
(B) a Hispanic-serving institution as that term is defined
in section 502(a)(5) of the Higher Education Act of 1965 (20
U.S.C. 1101a(a)(5));
(C) a tribally controlled college or university as that
term is defined in section 2(a)(4) of the Tribally Controlled
College or University Assistance Act of 1978 (25 U.S.C.
1801(a)(4));
(D) an Alaska Native-serving institution as that term is
defined in section 317(b)(2) of the Higher Education Act of
1965 (20 U.S.C. 1059d(b)(2)); or
(E) a Native Hawaiian-serving institution as that term is
defined in section 317(b)(4) of the Higher Education Act of
1965 (20 U.S.C. 1059d(b)(4)).
(3) Historically black college or university.--The term
``historically Black college or university'' means a part B
institution as that term is defined in section 322(2) of the
Higher Education Act of 1965 (20 U.S.C. 1061(2)).
(d) Minority Online Degree Pilot Program.--
(1) Pilot program established.--
(A) In general.--There is established within the National
Telecommunications and Information Administration a pilot
program under which the Administrator shall award 9 grants to
eligible educational institutions to enable the eligible
educational institutions to develop digital and wireless
networks for online educational programs of study within the
eligible educational institutions. The Administrator shall
award not less than 1 grant to each type of eligible
educational institution, enumerated under subsection (c)(2).
(B) Grant number and amount.--
(i) Number.--The Administrator shall award a total of 9
grants under this subsection.
(ii) Grant payment amounts.--The Administrator shall make
grant payments under this subsection in the amount of
$500,000.
(2) Priority.--
(A) In general.--In awarding grants under this subsection
the Administrator shall give priority to an eligible
educational institution that, according to the most recent
data available (including data available from the Bureau of
the Census), serves a county, or other appropriate political
subdivision where no counties exist--
(i) in which 50 percent of the residents of the county, or
other appropriate political subdivision where no counties
exist, are members of a racial or ethnic minority;
(ii) in which less than 18 percent of the residents of the
county, or other appropriate political subdivision where no
counties exist, have obtained a baccalaureate degree or a
higher education;
(iii) that has an unemployment rate of 7 percent or
greater;
(iv) in which 20 percent or more of the residents of the
county, or other appropriate political subdivision where no
counties exist, live in poverty;
(v) that has a negative population growth rate; or
(vi) that has a family income of not more than $32,000.
(B) Highest priority.--In awarding grants under this
subsection the Administrator shall give the highest priority
to an eligible educational institution that meets the
greatest number of requirements described in clauses (i)
through (vi) of subparagraph (A).
(3) Use of funds.--An eligible educational institution
receiving a grant under this subsection may use the grant
funds--
(A) to acquire equipment, instrumentation, networking
capability, hardware, software, digital network technology,
wireless technology, or wireless infrastructure;
(B) to develop and provide educational services, including
faculty development; or
(C) to develop strategic plans for information technology
investments.
(4) Matching not required.--The Administrator shall not
require an eligible educational institution to provide
matching funds for a grant awarded under this subsection.
(5) Consultations; report.--
(A) Consultations.--The Administrator shall consult with
the Committee on Appropriations and the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Appropriations and the Committee on Energy and
Commerce of the House of Representatives, on a quarterly
basis regarding the pilot program assisted under this
subsection.
(B) Report.--Not later than 1 year after the date of
enactment of this section, the Administrator shall submit to
the committees described in subparagraph (A) a report
evaluating the progress of the pilot program assisted under
this subsection.
(6) Limitation on use of other funds.--The Administrator
shall carry out this subsection only with amounts
appropriated in advance specifically to carry out this
subsection.
______

SA 3264. Ms. CANTWELL submitted an amendment intended to be proposed
by her to the bill 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; which
was ordered to lie on the table; as follows:

On page 16, line 11, strike ``fishery.'' and insert
``fishery: Provided further, That of the funds provided,
$100,000 is provided for a study to determine the
feasibility, effectiveness, and costs of using advanced radar
technologies to enhance radar coverage along the outer coast
of the State of Washington to minimize or eliminate the
region's current radar gaps.''.
______

SA 3265. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill 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; which
was ordered to lie on the table; as follows:

After section 113, insert the following:
Sec. 114.  The National Oceanic and Atmospheric
Administration Ship Henry B. Bigelow is the replacement for
the National Oceanic and Atmospheric Administration Ship
Albatross IV and, as such replacement, has the same homeport
of Woods Hole, Massachusetts.
______

SA 3266. Mr. REID (for Mrs. Clinton (for herself, Mr. Brown, and Mr.
Schumer)) submitted an amendment intended to be proposed by Mr. Reid to
the bill 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; which was
ordered to lie on the table; as follows:

On page 70, between lines 10 and 11, insert the following:
Sec. 217.  Notwithstanding any other provision of this
title--
(1) the amount appropriated under the heading ``salaries
and expenses'' under the heading ``General Administration''
under this title is reduced by $6,250,000;
(2) the amount appropriated under the heading ``salaries
and expenses'' under the heading ``Federal Bureau of
Investigation'' under this title is increased by $6,250,000;
and
(3) of the amount appropriated under the heading ``salaries
and expenses'' under the heading ``Federal Bureau of
Investigation'' under this title, $6,250,000 is for
investigations relating to mortgage fraud.
______

SA 3267. Mr. AKAKA submitted an amendment intended to be proposed by

[[Page S12811]]

him to the bill 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; which was
ordered to lie on the table; as follows:

On page 16, strike lines 22 through and 24, and insert
``$1,090,500,000, to remain available until September 30,
2009, except funds provided for construction of facilities
which shall remain available until expended: Provided, That
of such amount, $1,500,000 shall be for National Oceanic and
Atmospheric Administration weather system transmitter
upgrades to provide for the transmission of emergency alert
system emergency notifications: Provided further,''.

______

SA 3268. Ms. MIKULSKI proposed an amendment to bill 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; as follows:

On page 97, between lines 9 and 10, insert the following:
Sec. 528.  Funds for Teach for America.--Of the funds
provided in this Act for the National Aeronautics and Space
Administration, under the heading ``science, aeronautics, and
exploration'', $3,000,000 may be for Teach for America for
science, technology, engineering, and mathematics related
activities.
______

SA 3269. Mr. KERRY submitted an amendment intended to be proposed by
him to the bill 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; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DOCUMENT VERIFICATION TECHNOLOGY.

(a) Pilot Program.--Not later than 180 days after the date
of the enactment of this Act, the Secretary of Homeland
Security shall implement a pilot program to test automated
document authentication technology compatible with existing
databases at United States ports of entry to determine the
effectiveness of the technology in detecting fraudulent
travel documents and reducing the ability of terrorists to
enter the United States.
(b) Report.--Not later than 90 days after the completion of
the pilot program under subsection (a), the Secretary of
Homeland Security shall submit a report to the appropriate
congressional committees (as defined in section 2(2) of the
Homeland Security Act of 2002 (6 U.S.C. 101(2))) on the
results of the pilot program.

____________________