Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2008

        [Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3093 Engrossed Amendment Senate (EAS)]

In the Senate of the United States,

October 16, 2007.
Resolved, That the bill from the House of Representatives (H.R.
3093) entitled ``An Act 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.'', do pass with
the following

AMENDMENT:

Strike out all after the enacting clause and insert:

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 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, 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: Provided further, That of the funds available for the Ocean
Research Priorities Plan Implementation, such sums as may be necessary
may 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): 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): Provided further, That of the funds
provided under this heading for the Office of Response and Restoration
funds may be used from the Damage Assessment Restoration Revolving Fund
for sampling, and analysis related to the disposal of obsolete vessels
owned or operated by the Federal Government in Suisun Bay, California:
Provided further, That of the funds provided under this heading, up to
$275,000 may be 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.
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: 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.

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
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.
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.
Sec. 115. 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 may
set aside sufficient amounts to complete the study described in
subsection (a).
Sec. 116. 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 may 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).
Sec. 117. (a) In General.--The Secretary of Commerce 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.
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: 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 I-2007-008.

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 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: 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, its 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.

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: 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.

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:
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.

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.

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: 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 and the Committee on
Judiciary 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.

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 further, That no funds made available by this or any other Act
shall be expended to promulgate or implement any rule requiring a
physical inventory of any business licensed under section 923 of title
18, United States Code: Provided further, That no funds under this Act
may be used to electronically retrieve information gathered pursuant to
18 U.S.C. 923(g)(4) by name or any personal identification code:
Provided further, That no funds authorized or made available under this
or any other Act may be used to deny any application for a license
under section 923 of title 18, United States Code, or renewal of such a
license due to a lack of business activity, provided that the applicant
is otherwise eligible to receive such a license, and is eligible to
report business income or to claim an income tax deduction for business
expenses under the Internal Revenue Code of 1986: Provided further,
That 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 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; $1,430,000,000 (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) $75,000,000 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) $420,000,000 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, and of which
$20,000,000 for a 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; and the amount
appropriated in this title under the heading ``General
Administration'' is reduced by $20,000,000.
(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) $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: Provided further, That within 30
days after the enactment of this Act 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;
(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;
(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),
$660,000,000, 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 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: 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;
(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) 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) 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. 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 section 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.
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.
Sec. 218. 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).
Sec. 219. (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.
Sec. 220. 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.
Sec. 221. 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, may 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).
Sec. 222. 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.
Sec. 223. 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 Goverment 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.
Sec. 224. Of the unobligated balances made available for the
Department of Justice in prior fiscal years, $15,000,000 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.
Sec. 225. 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.
Sec. 226. 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.
Sec. 227. 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 ``United States Attorneys'' 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 under the heading ``Procurement, Acquisition
and Construction'' under the heading ``National Oceanic and Atmospheric
Administration'' under title I of this Act is reduced by $30,000,000.
Sec. 228. 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'';
(C) in paragraph (3)(C), by inserting ``, Tribal,''
after ``support State''; and
(D) by adding at the end the following:
``(4) Effect of subsection.--Nothing in this subsection, or
in the award or denial of any grant pursuant to this
subsection--
``(A) allows grants authorized under paragraph
(3)(A) to be made to, or used by, an entity for law
enforcement activities that the entity lacks
jurisdiction to perform; or
``(B) has any effect other than to authorize,
award, or deny a grant of funds to a State, territory,
or Indian tribe for the purpose described in this
subsection.''.
(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''.
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 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: Provided further, That of the amounts
appropriated or otherwise made available under this heading for cross-
agency support programs, $10,000,000 may 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.

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.

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).

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 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, 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.
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.
Sec. 529. 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.
Sec. 530. 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.
Sec. 531. 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.
Sec. 532. (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.
Sec. 533. 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;
(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 who travel or
attendance at the conference was paid for in part or
full by the agency.
Sec. 534. 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.
Sec. 535. 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 sector performance for purposes of
subchapter V of chapter 35 of title 31, United States Code.
Sec. 536. 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.
Sec. 537. 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.
Sec. 538. 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'.''.
Sec. 539. 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''.
Sec. 540. 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.

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

Of the unobligated balances made available for the Department of
Justice in prior fiscal years, $110,000,000 are rescinded: Provided,
That within 30 days after the date of enactment of this section the
Attorney General shall submit to the Committees on Appropriations of
the House of Representatives and the Senate a report specifying the
amount of each rescission made pursuant to this section.

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.

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.
``(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--
``(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 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.'''.
This Act may be cited as the ``Departments of Commerce and Justice,
Science, and Related Agencies Appropriations Act, 2008''.

Attest:

Secretary.
110th CONGRESS

1st Session

H. R. 3093

_______________________________________________________________________

AMENDMENT