S.Amdt. 3303

TEXT OF AMENDMENTS

______

SA 3270. Mr. SHELBY 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 88, line 1, strike ``$625,000,000'' and all that follows
through line 2 and insert the following: ``$645,000,000 shall
not be available for obligation until the following fiscal
year and, notwithstanding any other provision of this Act,
the amount appropriated to the State Criminal Alien
Assistance Program is reduced by $20,000,000.''
______

SA 3271. Mr. SHELBY 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 30 line 4 strike the ``.'' and insert ``: Provided,
That within 200 days of enactment of this Act, the Inspector
General shall conduct an audit and issue a report to the
Committees on Appropriations of all expenses of the
legislative and public affairs offices at each location of
the Justice Department, it's bureaus and agencies, including
but not limited to every field office and headquarters
component; the audit shall include any and all expenses
related to these activities.''
______

SA 3272. Mr. SHELBY 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 18 line 13 strike the ``.'' and insert the
following:
``: Provided, That of the amounts provided to the Secretary
within this account, $10,000,000 shall not become available
for obligation until the Secretary certifies to the
Committees on Appropriations that the Bureau of the Census
has followed, and met all best practices, and all Office of
Management and Budget guidelines related to information
technology projects: Provided further, That the Secretary,
within 120 days of enactment of this Act, shall provide a
report to the Committees on Appropriations that audits and
evaluates all decision documents and expenditures by the
Bureau of the Census as they relate to the 2010 Census:
Provided further, That the Secretary, within 120 days of the
enactment of this Act, shall provide a report to Congress
that is publicly available on the Bureau's website on the
steps that the Census Bureau will take to allow citizens the
opportunity to complete the decennial census and the American
Community Survey over the Internet.''
______

SA 3273. Mr. SHELBY submitted an amendment intended to be proposed by

[[Page S12876]]

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 69 line 13 after the second ``.'' strike all
through page 70 line 10 and insert:
``Of the funds appropriated in this Act for the Federal
Bureau of Investigation's Sentinel program, $25,000,000 shall
not be available for obligation until 60 days after the
Committees on Appropriations receive from the Federal Bureau
of Investigation a report on the results of a completed
integrated baseline review for that program: Provided, That
the report shall be submitted simultaneously to the
Government Accountability Office: Provided further, That the
Government Accountability Office shall review the Bureau's
performance measurement baseline for the Sentinel program and
shall submit its findings to the Committees on Appropriations
of the Senate and House of Representatives within 60 days of
its receipt of the report.
Sec. 216. None of the funds appropriated in this or any
other Act shall be obligated for the initiation of a future
phase or increment of the Federal Bureau of Investigation's
Sentinel program until the Attorney General certifies to the
Committees on Appropriations that existing phases or
increments currently under contract for development or
fielding have completed 70 percent of the work for that phase
or increment under the performance measurement baseline
validated by the integrated baseline review referred to in
Sec. 215 of this Act: Provided, That this restriction does
not apply to planning and design activities for future phases
or increments: Provided further, That the Bureau will notify
the Committees of any significant changes to the baseline.''
______

SA 3274. Ms. CANTWELL (for herself, Mr. Smith, and Ms. Collins)
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) In addition to any other amounts otherwise
appropriated to the Attorney General under this Act, there is
appropriated to the Attorney General, $500,000, to conduct a
study, in conjunction with other Federal agencies, 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).
(c) Notwithstanding any other provision of this Act, the
amount rescinded for the Working Capital Fund of the
Department of Justice under the heading ``general
administration'' under the subheading ``Working Capital Fund
(Rescission)'' under title VI of this Act is increased by
$500,000.
______

SA 3275. Mr. LEVIN 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. __. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS.

(a) In General.--Not later than 60 days after the end of
each fiscal year, the Director of the Federal Bureau of
Investigation shall submit a report to the congressional
committees listed in subsection (b) that contains, with
respect to the most recently completed fiscal year--
(1) a statistical analysis of the number of background
checks processed and pending, including check requests in
process at the time of the report and check requests that
have been received but are not yet in process;
(2) the average time taken to complete each type of
background check;
(3) a description of the efforts and progress made by the
Director in addressing any delays in completing such
background checks; and
(4) a description of the progress that has been made in
automating files used in the name check process, including
investigative files of the Federal Bureau of Investigation.
(b) Recipients.--The congressional committees listed in
this subsection are--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(3) the Committee on the Judiciary of the House of
Representatives; and
(4) the Committee on Homeland Security of the House of
Representatives.
______

SA 3276. Mr. DORGAN (for himself, Mr. Grassley, and Mr. Durbin)
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, between lines 18 and 19, insert the following:

TITLE VII--RESTITUTION

SEC. 701. SHORT TITLE.

This title may be cited as the ``Restitution for Victims of
Crime Act of 2007''.

Subtitle A--Collection of Restitution

SEC. 721. SHORT TITLE.

This subtitle may be cited as the ``Collection of
Restitution Improvement Act of 2007''.

SEC. 722. PROCEDURE FOR ISSUANCE AND ENFORCEMENT OF
RESTITUTION.

Section 3664(f) of title 18, United States Code, is amended
by striking paragraphs (2) through (4) and inserting the
following:
``(C)(i) Each restitution order shall--
``(I) contain information sufficient to identify each
victim to whom restitution is owed;
``(II) require that a copy of the court order be sent to
each such victim; and
``(III) inform each such victim of the obligation to notify
the appropriate entities of any change in address.
``(ii) It shall be the responsibility of each victim to
whom restitution is owed to notify the Attorney General, or
the appropriate entity of the court, by means of a form to be
provided by the Attorney General or the court, of any change
in the victim's mailing address while restitution is still
owed to the victim.
``(iii) The confidentiality of any information relating to
a victim under this subparagraph shall be maintained.
``(2) The court shall order that the restitution imposed is
due in full immediately upon imposition.
``(3) The court shall direct the defendant--
``(A) to make a good-faith effort to satisfy the
restitution order in the shortest time in which full
restitution can be reasonably made, and to refrain from
taking any action that conceals or dissipates the defendant's
assets or income;
``(B) to notify the court of any change in residence; and
``(C) to notify the United States Attorney for the district
in which the defendant was sentenced of any change in
residence, and of any material change in economic
circumstances that might affect the defendant's ability to
pay restitution.
``(4) Compliance with all payment directions imposed under
paragraphs (6) and (7) shall be prima facie evidence of a
good faith effort under paragraph (3)(A), unless it is shown
that the defendant has concealed or dissipated assets.
``(5) Notwithstanding any other provision of law, for the
purpose of enforcing a restitution order, a United States
Attorney may receive, without the need for a court order, any
financial information concerning the defendant obtained by
the grand jury that indicted the defendant for the crime for
which restitution has been awarded, the United States
Probation Office, or the Bureau of Prisons. A victim may also
provide financial information concerning the defendant to the
United States Attorney.
``(6)(A) At sentencing, or at any time prior to the
termination of a restitution obligation under section 3613 of
this title, the court may--
``(i) impose special payment directions upon the defendant
or modify such directions; or
``(ii) direct the defendant to make a single, lump sum
payment, partial payments at specified intervals, in-kind
payments, or a combination of payments at specified intervals
and in-kind payments.

[[Page S12877]]

``(B) The period of time over which scheduled payments are
established for purposes of this paragraph shall be the
shortest time in which full payment reasonably can be made.
``(C) In-kind payments may be in the form of the return of
property, replacement of property, or, if the victim agrees,
services rendered to the victim or a person or organization
other than the victim.
``(D) In ordering restitution, the court may direct the
defendant to--
``(i) repatriate any property that constitutes proceeds of
the offense of conviction, or property traceable to such
proceeds; and
``(ii) surrender to the United States, or to the victim
named in the restitution order, any interest of the defendant
in any nonexempt asset.
``(E) The court may enter a restraining order or
injunction, require the execution of a satisfactory
performance bond, or take any other action to preserve the
availability of property for restitution.
``(7)(A) In determining whether to impose or modify
specific payment directions, the court may consider--
``(i) the need to provide restitution to the victims of the
offense;
``(ii) the financial ability of the defendant;
``(iii) the economic circumstances of the defendant,
including the financial resources and other assets of the
defendant and whether any of those assets are jointly
controlled;
``(iv) the projected earnings and other income of the
defendant;
``(v) any financial obligations of the defendant, including
obligations to dependents;
``(vi) whether the defendant has concealed or dissipated
assets or income; and
``(vii) any other appropriate circumstances.
``(B) Any substantial resources from any source, including
inheritance, settlement, or other judgment, shall be applied
to any outstanding restitution obligation.
``(8)(A) If the court finds that the economic circumstances
of the defendant do not allow the payment of any substantial
amount as restitution, the court may direct the defendant to
make nominal payments of not less than $100 per year toward
the restitution obligation.
``(B) Any money received from the defendant under
subparagraph (A) shall be disbursed so that any outstanding
assessment imposed under section 3013 is paid first in full.
``(9) Court-imposed special payment directions shall not
limit the ability of the Attorney General to maintain an
Inmate Financial Responsibility Program that encourages
sentenced inmates to meet their legitimate financial
obligations.
``(10)(A) The ability of the Attorney General to enforce
restitution obligations ordered under paragraph (2) shall not
be limited by appeal, or the possibility of a correction,
modification, amendment, adjustment, or reimposition of a
sentence, unless the court expressly so orders for good cause
shown and stated on the record.
``(B) Absent exceptional circumstances, as determined by
the court, an order limiting the enforcement of restitution
obligations shall--
``(i) require the defendant to deposit, in the registry of
the district court, any amount of the restitution that is
due;
``(ii) require the defendant to post a bond or other
security to ensure payment of the restitution that is due; or
``(iii) impose additional restraints upon the defendant to
prevent the defendant from transferring or dissipating
assets.
``(C) No order described in subparagraph (B) shall restrain
the ability of the United States to continue its
investigation of the defendant's financial circumstances,
conduct discovery, record a lien, or seek any injunction or
other relief from the court.''.

SEC. 723. IMPOSITION OF CRIMINAL FINES AND PAYMENT
DIRECTIONS.

Subsection 3572(d) of title 18, United States Code, is
amended to read as follows:
``(d) Payment.--
``(1) In general.--The court shall order that any fine or
assessment imposed be due in full immediately upon
imposition.
``(2) Efforts to make payment.--The court shall--
``(A) direct the defendant to make a good-faith effort to
satisfy the fine and assessment in the shortest time in which
full payment can be reasonably made, and to refrain from
taking any action that conceals or dissipates the defendant's
assets or income;
``(B) direct the defendant to notify the court of any
change in residence; and
``(C) order the defendant to notify the United States
Attorney for the district in which the defendant was
sentenced of any change in residence, and of any material
change in economic circumstances that might affect the
defendant's ability to pay restitution.
``(3) Good faith.--Compliance with all payment directions
imposed by paragraphs (5) and (6) shall be prima facie
evidence of a good faith effort under paragraph (2)(A),
unless it is shown that the defendant has concealed or
dissipated assets;
``(4) Access to information.--Notwithstanding any other
provision of law, for the purpose of enforcing a fine or
assessment, a United States Attorney may receive, without the
need for a court order, any financial information concerning
the defendant obtained by a grand jury, the United States
Probation Office, or the Bureau of Prisons.
``(5) Payment schedule.--
``(A) In general.--At sentencing, or at any time prior to
the termination of a restitution obligation under section
3613 of this title, the court may--
``(i) impose special payment directions upon the defendant
or modify such directions; or
``(ii) direct the defendant to make a single, lump sum
payment, or partial payments at specified intervals.
``(B) Period of time.--The period of time over which
scheduled payments are established for purposes of this
paragraph shall be the shortest time in which full payment
can reasonably be made.
``(C) Repatriation.--The court may direct the defendant to
repatriate any property that constitutes proceeds of the
offense of conviction, or property traceable to such
proceeds.
``(D) Surrender.--In ordering restitution, the court may
direct the defendant to surrender to the United States any
interest of the defendant in any non-exempt asset.
``(E) Third parties.--If the court directs the defendant to
repatriate or surrender any property in which it appears that
any person other than the defendant may have a legal
interest--
``(i) the court shall take such action as is necessary to
protect such third party interest; and
``(ii) may direct the United States to initiate any
ancillary proceeding to determine such third party interests
in accordance with the procedures specified in section 413(n)
of the Controlled Substances Act (21 U.S.C. 853(n)).
``(F) Exclusivity of remedy.--Except as provided in this
section, no person may commence an action against the United
States concerning the validity of the party's alleged
interest in the property subject to reparation or surrender.
``(G) Preservation of property.--The court may enter a
restraining order or injunction, require the execution of a
satisfactory performance bond, or take any other action to
preserve the availability of property for payment of the fine
or assessment.
``(6) Considerations.--In determining whether to impose or
modify special payment directions, the court may consider--
``(A) the need to satisfy the fine or assessment;
``(B) the financial ability of the defendant;
``(C) the economic circumstances of the defendant,
including the financial resources and other assets of the
defendant, and whether any of those assets are jointly
controlled;
``(D) the projected earnings and other income of the
defendant;
``(E) any financial obligations of the defendant, including
obligations to dependents;
``(F) whether the defendant has concealed or dissipated
assets or income; and
``(G) any other appropriate circumstances.
``(7) Use of resources.--Any substantial resources from any
source, including inheritance, settlement, or other judgment
shall be applied to any fine or assessment still owed.
``(8) Nominal payments.--If the court finds that the
economic circumstances of the defendant do not allow the
immediate payment of any substantial amount of the fine or
assessment imposed, the court may direct the defendant to
make nominal payments of not less than $100 per year toward
the fine or assessment imposed.
``(9) Inmate financial responsibility program.--Court-
imposed special payment directions shall not limit the
ability of the Attorney General to maintain an Inmate
Financial Responsibility Program that encourages sentenced
inmates to meet their legitimate financial obligations.
``(10) Enforcement.--
``(A) In general.--The ability of the Attorney General to
enforce the fines and assessment ordered under paragraph (1)
shall not be limited by an appeal, or the possibility of a
correction, modification, amendment, adjustment, or
reimposition of a sentence, unless the court expressly so
orders, for good cause shown and stated on the record.
``(B) Exceptions.--Absent exceptional circumstances, as
determined by the court, an order limiting enforcement of a
fine or assessment shall--
``(i) require the defendant to deposit, in the registry of
the district court, any amount of the fine or assessment that
is due;
``(ii) require the defendant to post a bond or other
security to ensure payment of the fine or assessment that is
due; or
``(iii) impose additional restraints upon the defendant to
prevent the defendant from transferring or dissipating
assets.
``(C) Other activities.--No order described in subparagraph
(B) shall restrain the ability of the United States to
continue its investigation of the defendant's financial
circumstances, conduct discovery, record a lien, or seek any
injunction or other relief from the court.
``(11) Special assessments.--The requirements of this
subsection shall apply to the imposition and enforcement of
any assessment imposed under section 3013 of this title.''.

SEC. 724. COLLECTION OF UNPAID FINES OR RESTITUTION.

Section 3612(b) of title 18, United States Code, is amended
to read as follows:
``(b) Information To Be Included in Judgment; Judgment To
Be Transmitted to the Attorney General.--
``(1) In general.--A judgment or order imposing, modifying,
or remitting a fine or restitution order of more than $100
shall include--

[[Page S12878]]

``(A) the name, social security account number, mailing
address, and residence address of the defendant;
``(B) the docket number of the case;
``(C) the original amount of the fine or restitution order
and the amount that is due and unpaid;
``(D) payment orders and directions imposed under section
3572(d) and section 3664(f) of this title; and
``(E) a description of any modification or remission.
``(2) Transmittal of copies.--Not later than 10 days after
entry of the judgment or order described in paragraph (1),
the court shall transmit a certified copy of the judgment or
order to the Attorney General.''.

SEC. 725. ATTORNEY'S FEES FOR VICTIMS.

(a) Order of Restitution.--Section 3663(b) of title 18,
United States Code, is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
(C) by inserting after subparagraph (A) the following:
``(B) reimburse the victim for attorneys' fees reasonably
incurred in an attempt to retrieve damaged, lost, or
destroyed property (which shall not include payment of
salaries of Government attorneys); or''; and
(D) in subparagraph (C), as so redesignated by this
subsection, by inserting ``or (B)'' after ``subparagraph
(A)'';
(2) in paragraph (4)--
(A) by inserting ``(including attorneys' fees necessarily
and reasonably incurred for representation of the victim,
which shall not include payment of salaries of Government
attorneys)'' after ``other expenses related to participation
in the investigation or prosecution of the offense''; and
(B) by striking ``and'' at the end;
(3) in paragraph (5), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) in any case, reimburse the victim for reasonably
incurred attorneys' fees that are necessary and foreseeable
results of the defendant's crime (which shall not include
payment of salaries of Government attorneys).''.
(b) Mandatory Restitution to Victims of Certain Crimes.--
Section 3663A(b) of title 18, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``or'' at the end;
(B) by redesignating subparagraph (B) as subparagraph (C);
(C) by inserting after subparagraph (A) the following:
``(B) reimburse the victim for attorneys' fees reasonably
incurred in an attempt to retrieve damaged, lost, or
destroyed property (which shall not include payment of
salaries of Government attorneys); or''; and
(D) in subparagraph (C), as so redesignated by this
subsection, by inserting ``or (B)'' after ``subparagraph
(A)'';
(2) in paragraph (3), by striking ``and'' at the end;
(3) in paragraph (4)--
(A) by inserting ``(including attorneys' fees necessarily
and reasonably incurred for representation of the victim,
which shall not include payment of salaries of Government
attorneys)'' after ``other expenses related to participation
in the investigation or prosecution of the offense''; and
(B) by striking the period and inserting ``; and''; and
(4) by adding at the end the following:
``(5) in any case, reimburse the victim for reasonably
incurred attorneys' fees that are necessary and foreseeable
results of the defendant's crime (which shall not include
payment of salaries of Government attorneys).''.

Subtitle B--Preservation of Assets for Restitution

SEC. 741. SHORT TITLE.

This subtitle may be cited as the ``Preservation of Assets
for Restitution Act of 2007''.

SEC. 742. AMENDMENTS TO THE MANDATORY VICTIMS RESTITUTION
ACT.

(a) In General.--Chapter 232 of title 18, United States
Code, is amended by inserting after section 3664 the
following:

``Sec. 3664A. Preservation of assets for restitution

``(a) Protective Orders To Preserve Assets.--
``(1) In general.--Upon the Government's ex parte
application and a finding of probable cause to believe that a
defendant, if convicted, will be ordered to satisfy an order
of restitution for an offense punishable by imprisonment for
more than 1 year, the court--
``(A) shall--
``(i) enter a restraining order or injunction;
``(ii) require the execution of a satisfactory performance
bond; or
``(iii) take any other action necessary to preserve the
availability of any property traceable to the commission of
the offense charged; and
``(B) if it determines that it is in the interests of
justice to do so, shall issue any order necessary to preserve
any nonexempt asset (as defined in section 3613) of the
defendant that may be used to satisfy such restitution order.
``(2) Procedures.--Applications and orders issued under
paragraph (1) shall be governed by the procedures under
section 413(e) of the Controlled Substances Act (21 U.S.C.
853(e)) and in this section.
``(3) Monetary instruments.--If the property in question is
a monetary instrument (as defined in section 1956(c)(5)) or
funds in electronic form, the protective order issued under
paragraph (1) may take the form of a warrant authorizing the
Government to seize the property and to deposit it into an
interest-bearing account in the Registry of the Court in the
district in which the warrant was issued, or into another
such account maintained by a substitute property custodian,
as the court may direct.
``(4) Post-indictment.--A post-indictment protective order
entered under paragraph (1) shall remain in effect through
the conclusion of the criminal case, including sentencing and
any post-sentencing proceedings, until seizure or other
disposition of the subject property, unless modified by the
court upon a motion by the Government or under subsection (b)
or (c).
``(b) Defendant's Right to a Hearing.--
``(1) In general.--In the case of a preindictment
protective order entered under subsection (a)(1), the
defendant's right to a post-restraint hearing shall be
governed by paragraphs (1)(B) and (2) of section 413(e) of
the Controlled Substances Act (21 U.S.C. 853(e)).
``(2) Post-indictment.--In the case of a post-indictment
protective order entered under subsection (a)(1), the
defendant shall have a right to a post-restraint hearing
regarding the continuation or modification of the order if
the defendant--
``(A) establishes by a preponderance of the evidence that
there are no assets, other than the restrained property,
available to the defendant to retain counsel in the criminal
case or to provide for a reasonable living allowance for the
necessary expenses of the defendant and the defendant's
lawful dependents; and
``(B) makes a prima facie showing that there is bona fide
reason to believe that the court's ex parte finding of
probable cause under subsection (a)(1) was in error.
``(3) Hearing.--
``(A) In general.--If the court determines that the
defendant has satisfied the requirements of paragraph (2), it
may hold a hearing to determine whether there is probable
cause to believe that the defendant, if convicted, will be
ordered to satisfy an order of restitution for an offense
punishable by imprisonment for more than 1 year, and that the
seized or restrained property may be needed to satisfy such
restitution order.
``(B) Probable cause.--If the court finds probable cause
under subparagraph (A), the protective order shall remain in
effect.
``(C) No probable cause.--If the court finds under
subparagraph (A) that no probable cause exists as to some or
all of the property, or determines that more property has
been seized and restrained than may be needed to satisfy a
restitution order, it shall modify the protective order to
the extent necessary to release the property that should not
have been restrained.
``(4) Rebuttal.--If the court conducts an evidentiary
hearing under paragraph (3), the court shall afford the
Government an opportunity to present rebuttal evidence and to
cross-examine any witness that the defendant may present.
``(5) Pretrial hearing.--In any pretrial hearing on a
protective order issued under subsection (a)(1), the court
may not entertain challenges to the grand jury's finding of
probable cause regarding the criminal offense giving rise to
a potential restitution order. The court shall ensure that
such hearings are not used to obtain disclosure of evidence
or the identities of witnesses earlier than required by the
Federal Rules of Criminal Procedure or other applicable law.
``(c) Third Party's Right to Post-Restraint Hearing.--
``(1) In general.--A person other than the defendant who
has a legal interest in property affected by a protective
order issued under subsection (a)(1) may move to modify the
order on the grounds that--
``(A) the order causes an immediate and irreparable
hardship to the moving party; and
``(B) less intrusive means exist to preserve the property
for the purpose of restitution.
``(2) Modification.--If, after considering any rebuttal
evidence offered by the Government, the court determines that
the moving party has made the showings required under
paragraph (1), the court shall modify the order to mitigate
the hardship, to the extent that it is possible to do so
while preserving the asset for restitution.
``(3) Intervention.--
``(A) In general.--Except as provided in subparagraph (B)
or paragraph (1), a person other than a defendant has no
right to intervene in the criminal case to object to the
entry of any order issued under this section or otherwise to
object to an order directing a defendant to pay restitution.
``(B) Exception.--If, at the conclusion of the criminal
case, the court orders the defendant to use particular assets
to satisfy an order of restitution (including assets that
have been seized or restrained pursuant to this section) the
court shall give persons other than the defendant the
opportunity to object to the order on the ground that the
property belonged in whole or in part to the third party and
not to the defendant, as provided in section 413(n) of the
Controlled Substances Act (21 U.S.C. 853(n)).
``(d) Geographic Scope of Order.--
``(1) In general.--A district court of the United States
shall have jurisdiction to enter an order under this section
without regard to the location of the property subject to the
order.
``(2) Outside the united states.--If the property subject
to an order issued under this section is located outside of
the United

[[Page S12879]]

States, the order may be transmitted to the central authority
of any foreign state for service in accordance with any
treaty or other international agreement.
``(e) No Effect on Other Government Action.--Nothing in
this section shall be construed to preclude the Government
from seeking the seizure, restraint, or forfeiture of assets
under the asset forfeiture laws of the United States.
``(f) Limitation on Rights Conferred.--Nothing in this
section shall be construed to create any enforceable right to
have the Government seek the seizure or restraint of property
for restitution.
``(g) Receivers.--
``(1) In general.--A court issuing an order under this
section may appoint a receiver under section 1956(b)(4) to
collect, marshal, and take custody, control, and possession
of all assets of the defendant, wherever located, that have
been restrained in accordance with this section.
``(2) Distribution of property.--The receiver shall have
the power to distribute property in its control to each
victim identified in an order of restitution at such time,
and in such manner, as the court may authorize.''.
(b) Conforming Amendment.--The section analysis for chapter
232 of title 18, United States Code, is amended by inserting
after the item relating to section 3664 the following:

``Sec. 3664A. Preservation of assets for restitution.''.

SEC. 743. AMENDMENTS TO THE ANTI-FRAUD INJUNCTION STATUTE.

Section 1345(a) of title 18, United States Code, is
amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``or'' at the end; and
(B) by inserting after subparagraph (C) the following:
``(D) committing or about to commit a Federal offense that
may result in an order of restitution;''; and
(2) in paragraph (2)--
(A) by striking ``a banking violation'' and all that
follows through ``healthcare offense'' and inserting ``a
violation or offense identified in paragraph (1)''; and
(B) by inserting ``or offense'' after ``traceable to such
violation''.

SEC. 744. AMENDMENTS TO THE FEDERAL DEBT COLLECTION
PROCEDURES ACT.

(a) Process.--Section 3004(b)(2) of title 28, United States
Code, is amended by inserting after ``in which the debtor
resides.'' the following: ``In a criminal case, the district
court for the district in which the defendant was sentenced
may deny the request.''.
(b) Prejudgment Remedies.--Section 3101 of title 28, United
States Code, is amended--
(1) in subsection (a)(1) by inserting after ``the filing of
a civil action on a claim for a debt'' the following: ``or in
any criminal action where the court may enter an order of
restitution''; and
(2) in subsection (d)--
(A) by inserting after ``The Government wants to make sure
[name of debtor] will pay if the court determines that this
money is owed.' '' the following:
`` `In a criminal action, use the following opening
paragraph: You are hereby notified that this [property] is
being taken by the United States Government [the Government],
which says that [name of debtor], if convicted, may owe as
restitution $ [amount]. The Government says it must take this
property at this time because [recite the pertinent ground or
grounds from section 3101(b)]. The Government wants to make
sure [name of debtor] will pay if the court determines that
restitution is owed.' '';
(B) by inserting after ``a statement that different
property may be so exempted with respect to the State in
which the debtor resides.]' '' the following:
`` `[In a criminal action, the statement summarizing the
types of property that may be exempt shall list only those
types of property that may be exempt under section 3613 of
title 18.]' ''; and
(C) by inserting after ``You must also send a copy of your
request to the Government at [address], so the Government
will know you want the proceeding to be transferred.' '' the
following:
`` `If this Notice is issued in conjunction with a criminal
case, the district court where the criminal action is pending
may deny your request for a transfer of this proceeding.' ''.
(c) Enforcement.--Section 3202(b) of title 28, United
States Code, is amended--
(1) by inserting after ``a statement that different
property may be so exempted with respect to the State in
which the debtor resides.]' '' the following:
`` `[In a criminal action, the statement summarizing the
types of property that may be exempt shall list only those
types of property that may be exempt under section 3613 of
title 18.]' ''; and
(2) by inserting after ``you want the proceeding to be
transferred.' '' the following:
`` `If this notice is issued in conjunction with a criminal
case, the district court where the criminal action is pending
may deny your request for a transfer of this proceeding.' ''.
______

SA 3277. Mr. VITTER (for himself, Mr. Sessions, and Mr. DeMint)
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.  None of the amounts made available in this title
under the heading ``community oriented policing services''
may be used in contravention of section 642(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1373(a)).
______

SA 3278. 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. ------. Section 2301 of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (47 U.S.C.
901 note) is amended by striking ``the `Improving Emergency
Communications Act of 2007'.'' and inserting ``the `911
Modernization Act'.''.
______

SA 3279. Mr. KYL 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, between lines 10 and 11, insert the following:

SEC. 217. FEDERAL BUREAU OF INVESTIGATION ANALYSIS OF DNA
SAMPLES.

(a) In General.--The amount appropriated under the heading
``salaries and expenses '' under the heading ``Federal Bureau
of Investigation'' under this title is increased by
$23,000,000, which shall be used for personnel, equipment,
build-out/acquisition of space, and other resources to be
used for the analysis of DNA samples.
(b) Reductions.--Notwithstanding any other provision of
this Act, the amount appropriated for the Advanced Technology
Program under the heading ``industrial technology services ''
under the heading ``National Institute of Standards and
Technology'' under title I of this Act is reduced by
$23,000,000.
______

SA 3280. Mr. SESSIONS 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:

In the appropriate place, insert the following:

SEC. __. VISAS FOR HIGH ACHIEVING FOREIGN STUDENTS.

In General.--For each fiscal year beginning after the date
of the enactment of this Act, 25,000 of the immigrant visas
allocated under section 203 (c) of the Immigration and
Nationality Act for Diversity Immigrants shall be made
available to aliens seeking immigrant visas who:
(1) are otherwise admissible under the INA;
(2) achieve the highest scores on the Scholastic Aptitude
Test or the American College Testing placement exam
administered in that fiscal year; and
(3) take the exams described in (2) above in the English
language.
______

SA 3281. Mr. SESSIONS 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 32, line 13, strike ``$1,747,822,000: Provided,''
and insert ``$2,247,822,000: Provided, That of the total
amount appropriated, $500,000,000 shall be used by the
agencies involved in Operation Streamline to incrementally
expand this program across the entire southwest border of the
United States, beginning with the border sector that had the
highest rate of illegal entries during the most recent 12-
month period: Provided further, That the amount provided to
expand Operation Streamline is designated as an emergency
requirement pursuant to section 204 of S. Con. Res. 21 (110th
Congress): Provided further,''.
______

SA 3282. Mr. SESSIONS 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 32, line 13, strike ``$1,747,822,000: Provided,''
and insert ``$2,247,822,000: Provided, That of the total
amount appropriated,

[[Page S12880]]

$500,000,000 shall be used by the agencies involved in
Operation Streamline to incrementally expand this program
across the entire southwest border of the United States,
beginning with the border sector that had the highest rate of
illegal entries during the most recent 12-month period:
Provided further,''.
______

SA 3283. Mr. SESSIONS 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, between lines 10 and 11, insert the following:
Sec. 217.  The Attorney General shall make available
$10,000,000 from the Department of Justice Working Capital
Fund to incrementally expand Operation Streamline across the
entire southwest border of the United States, beginning with
the border sector that had the highest rate of illegal
entries during the most recent 12-month period.
______

SA 3284. Mr. SESSIONS 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 53, line 11, insert ``, and of which $10,000,000
shall be used to incrementally expand Operation Streamline
across the entire southwest border of the United States,
beginning with the border sector that had the highest rate of
illegal entries during the most recent 12-month period''
before the semicolon.
______

SA 3285. Mr. SESSIONS 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:

Insert in the appropriate place:
(a) Findings.--The Senate finds the following:
(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) 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; however, the collection of this
information is not more important than the full and effective
enforcement of our immigration laws;
(b) Sense of the Senate.--It is the sense of the Senate
that the administration of the 2010 Census by the United
States Census Bureau should not reduce the ability of the
Department of Homeland Security to effectively enforce the
immigration laws of the United States, and that the
Immigration and Customs Enforcement Bureau of the Department
of Homeland Security should continue aggressive enforcement
of federal immigration laws during the administration of the
census.
______

SA 3286. Mr. DeMINT 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 6 and 7, insert the following:
Sec. 528.  None of the funds made available under this Act
may be used to circumvent any statutory or administrative
formula-driven or competitive awarding process to award funds
to a project in response to a request from a Member of
Congress (or any employee of a Member or committee of
Congress), unless the specific project has been disclosed in
accordance with the rules of the Senate or House of
Representatives, as applicable.
______

SA 3287. Mr. VITTER 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, between lines 10 and 11, insert the following:
Sec. 217. (a) None of the amounts made available in this
title under the heading ``community oriented policing
services'' may be used in a subdivision of a State if such
subdivision does not comply with section 642(a) of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1373(a)).
(b) Any amount that is not available for a subdivision of a
State under the limitation set out in subsection (a) shall be
made available to the government of that State for community
oriented policing services.
______

SA 3288. Mr. SHELBY 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:

After the period on page 97 line 9, insert the following:
Sec. xx. (a) The Administrator of the National Aeronautics
and Space Administration shall submit quarterly reports to
the Inspector General of the National Aeronautics and Space
Administration regarding the costs and contracting procedures
relating to each conference or meeting, held by the National
Aeronautics and Space Administration during fiscal year 2008,
and each year thereafter, 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 number of and purpose of
participants attending that conference or meeting;
(2) a detailed statement of the costs to the Government
relating to that conference or meeting, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of all related travel; and
(D) a discussion of the methodology used to determine which
costs relate to that conference or meeting; and
(3) a description of the contracting procedures relating to
that conference or meeting, including--
(A) whether contracts were awarded on a competitive basis;
and
(B) a discussion of any cost comparison conducted by the
National Aeronautics and Space Administration in evaluating
potential contractors for any conference or meeting.
______

SA 3289. Mr. DeMINT 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.  None of the funds made available under this Act
may be used to purchase first class or premium airline travel
that would not be consistent with sections 301-10.123 and
301-10.124 of title 41 of the Code of Federal Regulations.
______

SA 3290. Mr. SMITH 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, between lines 10 and 11, insert the following:

SEC. 217. ADDITIONAL PROSECUTORS FOR OFFENSES RELATING TO THE
SEXUAL EXPLOITATION OF CHILDREN.

(a) In General.--The amount appropriated under the heading
``salaries and expenses'' under the heading ``General
Administration'' under this title is increased by
$30,000,000, which shall be used for salaries and expenses
for hiring 200 additional assistant United States attorneys
to carry out section 704 of the Adam Walsh Child Protection
and Safety Act of 2006 (Public Law 109-248; 120 Stat. 649)
concerning the prosecution of offenses relating to the sexual
exploitation of children.
(b) Reductions.--Notwithstanding any other provision of
this Act, the amount appropriated for the Advanced Technology
Program under the heading ``industrial technology services ''
under the heading ``National Institute of Standards and
Technology'' under title I of this Act is reduced by
$30,000,000.
______

SA 3291. Mr. KYL 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. SOUTHWEST BORDER PROSECUTOR INITIATIVE.

(a) In General.--In addition to the amounts appropriated
for the Southwest

[[Page S12881]]

Border Prosecutor Initiative in title II under the heading
``State and local law enforcement assistance'', there is
appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2008,
$20,000,000 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.
(b) Offset.--The amount appropriated for the Advanced
Technology Program of the National Institute of Standards and
Technology in title I under the heading ``State and local law
enforcement assistance'' is reduced by $20,000,000.
______

SA 3292. Mr. KYL 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 53, line 6, strike ``, of which $30,000,000'' and
all that follows through ``offices'' on line 11.
On page 97, between lines 9 and 10, insert the following:

SEC. 528. SOUTHWEST BORDER PROSECUTOR INITIATIVE.

(a) In General.--There is appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2008, $50,000,000 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.
(b) Offset.--The amount appropriated for the Advanced
Technology Program of the National Institute of Standards and
Technology in title I under the heading ``State and local law
enforcement assistance'' is reduced by $50,000,000.
______

SA 3293. Ms. SNOWE 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. 114.  Section 3009(a) of the Deficit Reduction Act of
2005 (Public Law 109-171; 120 Stat. 26) is amended--
(1) in the first sentence, by striking ``fiscal year 2009''
and inserting ``fiscal years 2009 through 2012''; and
(2) in the second sentence, by striking ``October 1, 2010''
and inserting ``February 18, 2009''.
______

SA 3294. Mr. ENSIGN 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 33, line 26, strike the period and insert ``:
Provided further, That an additional $7,845,000 shall be
available to carry out the Adam Walsh Child Protection and
Safety Act of 2006 offset by a reduction in the amount
available for the Advanced Technology Program under the
heading `Industrial Technology Services' in title I of
$7,845,000.''.
______

SA 3295. Mr. ENSIGN 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 53, line 11, strike the semicolon and insert ``:
Provided, That an additional $150,000,000 shall be available
for such program offset by a reduction in the amount under
the heading `National Aeronautics and Space Administration'
`science, aeronautics and exploration' in title III of
$150,000,000;''.
______

SA 3296. Mr. ENSIGN 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. INCREASE IN FUNDING FOR THE NATIONAL INSTITUTE OF
STANDARDS AND TECHNOLOGY.

(a) Increase in Funding.--The amount appropriated or
otherwise made available under title I under the heading
``National Institute of Standards and Technology'' is hereby
increased by $100,000,000 for scientific and technical
research and services.
(b) Decrease in Funding.--The amount appropriated or
otherwise made available under title I for necessary expenses
of the Advanced Technology Program is hereby decreased by
$100,000,000.
______

SA 3297. Mr. ENSIGN 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 EMERGENCY DESIGNATION.

None of the funds appropriated or otherwise made available
in this Act to carry out return to flight activities
associated with the space shuttle may be designated as an
emergency requirement or necessary to meet emergency needs
pursuant to subsections (a) and (b) of section 204 of S. Con.
Res. 21 (110th Congress).
______

SA 3298. Mr. KERRY (for himself and Mr. Graham) 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 51, line 15, insert ``: Provided further, That of
the amount appropriated under this heading, $2,000,000, may
be made available for salaries and expenses for the Sex
Offender Sentencing, Monitoring, Apprehending, Registering,
and Tracking Office'' before the period.
______

SA 3299. Mr. KERRY (for himself and 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 45, line 11, after ``other custodial facilities''
insert the following: ``: Provided further, That the Director
of the Federal Prison System may use amounts made available
under this heading to carry out a pilot program for children
(not older than 36 months of age) of nonviolent female
offenders, under which such children will be housed, fed, and
cared for in Federal correctional facilities housing women
(including such a facility in which Federal prisoners are
housed under a contract with the Government) and participate
in programs specifically designed to benefit mother and
child''.
______

SA 3300. Mrs. McCASKILL (for herself, Mr. Domenici, and Mr. Inouye)
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. 114. DTV CONSUMER EDUCATION.

(a) In General.--The amount appropriated under the heading
``public telecommunications facilities, planning and
construction'' under this title is increased by $10,000,000,
which shall be used for competitive grants to public
television broadcast stations, or a consortium of such
entities, to assist such stations in conducting consumer
education efforts concerning the transition from analog to
digital television: Provided, That the Secretary of Commerce
shall award such grants not later than 90 days after the date
of enactment of this Act: Provided further, That such grants
shall not be subject to the requirements of section 392(b) of
the Communications Act of 1934: Provided further, That
receipt of any grant amounts for consumer education efforts
shall in no way prohibit or affect the eligibility of such
public televison broadcast stations from receiving funds for
any other grant amounts for construction and planning as
authorized under section 391 of such Act.
(b) Offset.--The amount made available under each account
in this title for the Department of Commerce for
administrative travel expenses, supplies, and printing
expenses shall be reduced on a pro rata basis, so that the
total of the reductions equals $10,000,000.
______

SA 3301. 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:

[[Page S12882]]

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

SEC. ___. SENSE OF THE SENATE REGARDING THE 2010 CENSUS.

(a) Findings.--The Senate finds the following:
(1) Article I of the United States Constitution requires
the taking of a census that counts all persons in the United
States.
(2) The census, taken every 10 years since 1790, is
necessary for determining Congressional representation,
Electoral College votes, and Government program funding.
(3) The data provided by the United States Bureau of the
Census is essential to understanding population trends and
providing the Federal Government and Congress with important
information related to public policy debates.
(4) According to the Brookings Institution, the Federal
Government disburses $323,000,000,000 through 100 Federal
programs to State and local governments based on data
provided by the census.
(5) Congress has historically provided increased funding
resources to the United States Bureau of the Census in years
prior to each decennial census to allow the Bureau to
adequately prepare for the taking of the census.
(6) Public Law 110-92, the continuing resolution, which
held funding increases for the census at previous fiscal year
levels, jeopardizes the ability of the United States Bureau
of the Census to prepare for the 2010 census.
(b) Sense of the Senate.--It is the sense of the Senate
that during the 2010 Census, all Federal agencies should
cooperate with the United States Bureau of the Census in a
manner consistent with the constitutional requirement to
count all persons in the United States, and that Congress
should provide adequate funding resources to the United
States Bureau of the Census to achieve an accurate census.
______

SA 3302. 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; which
was ordered to lie on the table; as follows:

On page 97, between lines 9 and 10, insert the following:

SEC. 528. ITC REPORT.

(a) In General.--Not later than 2 years after the date of
the enactment of this Act, 5 years after the date of the
enactment of this Act, and every 5 years thereafter, the
International Trade Commission shall submit a report to
Congress on each free trade agreement in force with respect
to the United States. The report shall, with respect to each
free trade agreement, contain an analysis and assessment of
the analysis and predictions made by the International Trade
Commission, the United States Trade Representative, and other
Federal agencies, before implementation of the agreement and
actual results of the agreement on the United States economy.
(b) Contents of Report.--Each report required by subsection
(a) shall contain the following:
(1) With respect to the United States and each country that
is a party to a free trade agreement, an assessment and
quantitative analysis of how each agreement--
(A) is fostering economic growth;
(B) is improving living standards;
(C) is helping create jobs; and
(D) is reducing or eliminating barriers to trade and
investment.
(2) An assessment and quantitative analysis of how each
agreement is meeting the specific objectives and goals set
out in connection with the implementation of that agreement,
the impact of the agreement on the United States economy as a
whole, and on specific industry sectors, including the impact
the agreement is having on--
(A) the gross domestic product;
(B) exports and imports;
(C) aggregate employment, and competitive positions of
industries;
(D) United States consumers; and
(E) the overall competitiveness of the United States.
(3) An assessment and quantitative analysis of how each
agreement is meeting the goals and objectives for the
agreement on a sector-by-sector basis, including--
(A) trade in goods;
(B) customs matters, rules or origin, and enforcement
cooperation;
(C) sanitary and phytosanitary measures;
(D) intellectual property rights;
(E) trade in services;
(F) electronic commerce;
(G) government procurement;
(H) transparency, anti-corruption; and regulatory reform;
and
(I) any other issues with respect to which the
International Trade Commission submitted a report under
section 2104(f) of the Bipartisan Trade Promotion Authority
Act of 2002.
(4) A summary of how each country that is a party to an
agreement has changed its labor and environmental laws since
entry into force of the agreement.
(5) An analysis of whether the agreement is making progress
in achieving the applicable purposes, policies, priorities,
and objectives of the Bipartisan Trade Promotion Authority
Act of 2002.
______

SA 3303. Ms. MIKULSKI 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:

Beginning on page 82 line 2 strike ``2006 and 2007'' and
insert ``2007 and 2008''.
______

SA 3304. 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:

On page 16, line 11, strike the period at the end and
insert ``: Provided further, That of the funds provided under
this heading, $2,000,000 is made available for the Office of
Response and Restoration for the Damage Assessment
Restoration Revolving Fund for sampling, analysis, and clean-
up related to the disposal of obsolete vessels owned or
operated by the Federal Government in Suisun Bay,
California.''.
______

SA 3305. Ms. MIKULSKI 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:

Beginning on page 81 line 5 strike ``373,000'' and insert
``370,800''.
______

SA 3306. Ms. MIKULSKI 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:

Beginning on page 81 line 7 strike ``3,200'' and insert
``3,100''.
______

SA 3307. Ms. MIKULSKI 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:

Beginning on page 81 line 9 strike ``13,800'' and insert
``13,100''.
______

SA 3308. Ms. MIKULSKI 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 32, line 14, strike ``$8,000,000'' and insert
``$8,000''.
______

SA 3309. Ms. MIKULSKI 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 72, line 14, before the period insert the
following: ``: Provided further, That of the amounts
appropriated or otherwise made available under this heading
for cross-agency support programs, $10,000,000 shall be made
available, and distributed in equal increments, to each of
NASA's 10 centers for the development of educational
activities in science, technology, engineering, and
mathematics related to the civilian space program of the
United States''.
______

SA 3310. Ms. MIKULSKI (for herself and Ms. Collins) 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:

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 made available for a public-
private competition conducted under Office of Management and
Budget Circular A-76 or to convert a function performed by
Federal employees to private sector performance without such
a competition unless a representative designated by a
majority of the employees engaged in the performance of the
activity or function for which the public-private competition
is conducted or which is to be converted without such a
competition is treated as an interested party with respect to
such competition or decision to convert to private

[[Page S12883]]

sector performance for purposes of subchapter V of chapter 35
of title 31, United States Code.
______

SA 3311. Ms. MIKULSKI 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. __. SMALL AND SEASONAL BUSINESSES.

(a) In General.--Section 214(g)(9)(A) of the Immigration
and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended by
striking ``an alien who has already been counted toward the
numerical limitation of paragraph (1)(B) during fiscal year
2004, 2005, or 2006 shall not again be counted toward such
limitation during fiscal year 2007.'' and inserting ``an
alien who has been present in the United States as an H-2B
nonimmigrant during any 1 of the 3 fiscal years immediately
preceding the fiscal year of the approved start date of a
petition for a nonimmigrant worker described in section
101(a)(15)(H)(ii)(b) shall not be counted toward such
limitation for the fiscal year in which the petition is
approved.''.
(b) Effective Date.--The amendment made by subsection (a)
shall be effective during the 1-year period beginning October
1, 2007.
______

SA 3312. Mr. STEVENS (for himself and 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; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. LIST OF VESSELS AND VESSEL OWNERS ENGAGED IN
ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

(a) In General.--Title II of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1821 et seq.) is
amended by adding at the end thereof the following:

``SEC. 208. LIST OF VESSELS AND VESSEL OWNERS ENGAGED IN
ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

``(a) In General.--The Secretary may--
``(1) develop, maintain, and make public a list of vessels
and vessel owners engaged in illegal, unreported, or
unregulated fishing, including vessels or vessel owners
identified by an international fishery management
organization, whether or not the United States is a party to
the agreement establishing such organization; and
``(2) take appropriate action against listed vessels and
vessel owners, including action against fish, fish parts, or
fish products from such vessels, in accordance with
applicable United States law and consistent with applicable
international law, including principles, rights, and
obligations established in applicable international fishery
management and trade agreements.
``(b) Restrictions on Port Access or Use.--Action taken by
the Secretary under subsection (a)(2) that include measures
to restrict use of or access to ports or port services shall
apply to all ports of the United States and its territories.
``(c) Regulations.--The Secretary may promulgate
regulations to implement this section.''.
______

SA 3313. 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 by United States Immigration and
Customs Enforcement for activities that support State and
local law enforcement agencies in their efforts to assist the
Federal Government's enforcement of immigration laws'' before
the semicolon at the end.
______

SA 3314. Mr. SUNUNU (for himself, Ms. Snowe, and Mr. Gregg) 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 provided, not
less than $15,000,000 shall be available to carry out
activities under section 315 of the Magnuson-Stevens Fishery
Conservation and Management Act (8 U.S.C. 1864).''.
______

SA 3315. 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; which was
ordered to lie on the table, as follows:

On page 70, between lines 10 and 11, insert the following:
Sec. 217. (a) Notwithstanding any other provision of this
Act, the amount appropriated under the heading ``united
states attorneys salaries and expenses'' under the heading
``Legal Activities'' under this title is increased by
$40,000,000, which shall be used for the prosecution of
crimes described in section 1152 or 1153 of title 18, United
States Code.
(b) Notwithstanding any other provision of this Act, the
amount appropriated under the heading ``payment to the legal
services corporation'' under the heading ``Legal Services
Corporation'' under title IV is reduced by $40,000,000.
______

SA 3316. 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; which was
ordered to lie on the table; as follows:

On page 70, between lines 10 and 11, insert the following:
Sec. 217. (a) Notwithstanding any other provision of this
Act, the amount appropriated under the heading ``united
states attorneys salaries and expenses'' under the heading
``Legal Activities'' under this title is increased by
$20,000,000, which shall be used for the prosecution of
crimes described in section 1152 or 1153 of title 18, United
States Code.
(b) Notwithstanding any other provision of this Act, each
amount made available under this Act, except for the amount
under the heading ``United States Attorneys Salaries And
Expenses'' under the heading ``Legal Activities'' shall be
reduced on a pro rata basis by the appropriate percentage to
reach $20,000,000.
______

SA 3317. 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 70, between lines 10 and 11, insert the following:
Sec. 217. (a) Notwithstanding any other provision of this
Act, the amount appropriated under the heading ``united
states attorneys salaries and expenses'' under the heading
``Legal Activities'' under this title is increased by
$20,000,000, which shall be used for the prosecution of
crimes described in section 1152 or 1153 of title 18, United
States Code.
(b) Notwithstanding any other provision of this Act, the
amount appropriated under the heading ``payment to the legal
services corporation'' under the heading ``Legal Services
Corporation'' under title IV is reduced by $20,000,000.
______

SA 3318. 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, insert the following:

SEC. __. LIMITATION AND REPORTS ON TRAVEL EXPENSES TO
CONFERENCES

(a) In this section, the term conference means a meeting
that--
(1) is held for consultation, education, awareness, or
discussion;
(2) includes participants who are not all employees of the
same agency;
(3) is not held entirely at an agency facility;
(4) involves costs associated with travel and lodging for
some participants; and
(5) is sponsored by 1 or more agencies, 1 or more
organizations that are not agencies, or a combination of such
agencies or organizations.
(b) The Administrator of NASA shall, not later than
September 30, 2008, submit to the appropriate committees of
Congress and post on the public Internet website of the
agency in a searchable, electronic format, a report on each
conference for which the agency paid travel expenses during
Fiscal Year 2008 that includes--
(1) the itemized expenses paid by the agency, including
travel expenses and any agency expenditure to otherwise
support the conference;
(2) the primary sponsor of the conference;
(3) the location of the conference;
(4) in the case of a conference for which the agency was
the primary sponsor, a statement that--
(A) justifies the location selected;
(B) demonstrates the cost efficiency of the location;

[[Page S12884]]

(C) the date of the conference;
(D) a brief explanation how the conference advanced the
mission of the agency; and
(E) the total number of individuals whose travel or
attendance at the conference was paid for in part or full by
the agency.
______

SA 3319. Ms. CANTWELL submitted an amendment intended to be proposed
to amendment SA 3274 submitted by Ms. Cantwell (for herself, Mr. Smith,
and Ms. Collins) and intended to be proposed 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 1, line 7 of the amendment, after ``agencies''
insert ``and the United States Sentencing Commission''.

____________________