H.R. 3093 (110th): Departments of Commerce and Justice, Science, and Related Agencies Appropriations Act, 2008

110th Congress, 2007–2009. Text as of Jan 01, 2008 (Passed the Senate (Engrossed) with an Amendment).

Status & Summary | PDF | Source: GPO

HR 3093 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. PAPAHA.AE8NAUMOKUAAE8KEA FISHERY REDUCTION. (a) IN GENERAL- The PapahaAE8naumokuaAE8kea 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 Papaha.AE8naumokuaAE8kea 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