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

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                      October 16, 2007.
    Resolved, That the bill from the House of Representatives (H.R. 
3093) entitled ``An Act making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes.'', do pass with 
the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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

                                TITLE I

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

    For necessary expenses for international trade activities of the 
Department of Commerce provided for by law, and for engaging in trade 
promotional activities abroad, including expenses of grants and 
cooperative agreements for the purpose of promoting exports of United 
States firms, without regard to 44 U.S.C. 3702 and 3703; full medical 
coverage for dependent members of immediate families of employees 
stationed overseas and employees temporarily posted overseas; travel 
and transportation of employees of the United States and Foreign 
Commercial Service between two points abroad, without regard to 49 
U.S.C. 40118; employment of Americans and aliens by contract for 
services; rental of space abroad for periods not exceeding 10 years, 
and expenses of alteration, repair, or improvement; purchase or 
construction of temporary demountable exhibition structures for use 
abroad; payment of tort claims, in the manner authorized in the first 
paragraph of 28 U.S.C. 2672 when such claims arise in foreign 
countries; not to exceed $327,000 for official representation expenses 
abroad; purchase of passenger motor vehicles for official use abroad, 
not to exceed $45,000 per vehicle; obtaining insurance on official 
motor vehicles; and rental of tie lines, $425,431,000, to remain 
available until September 30, 2009, of which $8,000,000 is to be 
derived from fees to be retained and used by the International Trade 
Administration, notwithstanding 31 U.S.C. 3302: Provided, That 
$49,564,000 shall be for Manufacturing and Services; $44,960,000 shall 
be for Market Access and Compliance; $66,601,000 shall be for the 
Import Administration; $229,702,000 shall be for the United States and 
Foreign Commercial Service; and $26,604,000 shall be for Executive 
Direction and Administration: Provided further, That the provisions of 
the first sentence of section 105(f) and all of section 108(c) of the 
Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) 
and 2458(c)) shall apply in carrying out these activities without 
regard to section 5412 of the Omnibus Trade and Competitiveness Act of 
1988 (15 U.S.C. 4912); and that for the purpose of this Act, 
contributions under the provisions of the Mutual Educational and 
Cultural Exchange Act of 1961 shall include payment for assessments for 
services provided as part of these activities: Provided further, That 
the International Trade Administration shall be exempt from the 
requirements of Circular A-25 (or any successor administrative 
regulation or policy) issued by the Office of Management and Budget: 
Provided further, That negotiations shall be conducted within the World 
Trade Organization to recognize the right of members to distribute 
monies collected from antidumping and countervailing duties: Provided 
further, That negotiations shall be conducted within the World Trade 
Organization consistent with the negotiating objectives contained in 
the Trade Act of 2002, Public Law 107-210.

                    Bureau of Industry and Security

                     operations and administration

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

                  Economic Development Administration

                economic development assistance programs

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

                         salaries and expenses

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

                  Minority Business Development Agency

                     minority business development

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

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         salaries and expenses

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

                          Bureau of the Census

                         salaries and expenses

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

                     periodic censuses and programs

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

       National Telecommunications and Information Administration

                         salaries and expenses

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

    public telecommunications facilities, planning and construction

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

                    technology opportunities program

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

               United States Patent and Trademark Office

                         salaries and expenses

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

             National Institute of Standards and Technology

             scientific and technical research and services

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

                     industrial technology services

    For necessary expenses of the Hollings Manufacturing Extension 
Partnership of the National Institute of Standards and Technology, 
$110,000,000, to remain available until expended.
    In addition, for necessary expenses of the Advanced Technology 
Program of the National Institute of Standards and Technology, 
$100,000,000, to remain available until expended, of which not to 
exceed $1,500,000 shall be for Institutional Support: Provided, That no 
single applicant awards shall be made to companies with revenues 
greater than $1,000,000,000: Provided further, That funds shall not 
support Standards Development pursuant to 15 U.S.C. 278n(h).

                  construction of research facilities

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

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities

                     (including transfers of funds)

    For necessary expenses of activities authorized by law for the 
National Oceanic and Atmospheric Administration, including maintenance, 
operation, and hire of aircraft and vessels; grants, contracts, or 
other payments to nonprofit organizations for the purposes of 
conducting activities pursuant to cooperative agreements; and 
relocation of facilities, $3,036,888,000, to remain available until 
September 30, 2008, except for funds provided for cooperative 
enforcement, which shall remain available until September 30, 2009: 
Provided, That fees and donations received by the National Ocean 
Service for the management of national marine sanctuaries may be 
retained and used for the salaries and expenses associated with those 
activities, notwithstanding 31 U.S.C. 3302: Provided further, That in 
addition, $3,000,000 shall be derived by transfer from the fund 
entitled ``Coastal Zone Management'' and in addition $77,000,000 shall 
be derived by transfer from the fund entitled ``Promote and Develop 
Fishery Products and Research Pertaining to American Fisheries'': 
Provided further, That of the $3,121,888,000 provided for in direct 
obligations under this heading $3,036,888,000 is appropriated from the 
general fund, $80,000,000 is provided by transfer, and $5,000,000 is 
derived from recoveries of prior year obligations: Provided further, 
That of the funds provided under this heading, $250,000 is made 
available until expended subject to procedures set forth in section 209 
of Public Law 108-447: Provided further, That no general administrative 
charge shall be applied against an assigned activity included in this 
Act or the report accompanying this Act: Provided further, That the 
total amount available for the National Oceanic and Atmospheric 
Administration corporate services administrative support costs shall 
not exceed $209,179,000: Provided further, That payments of funds made 
available under this heading to the Department of Commerce Working 
Capital Fund including Department of Commerce General Counsel legal 
services shall not exceed $34,425,000: Provided further, That any 
deviation from the amounts designated for specific activities in the 
report accompanying this Act, or any use of deobligated balances of 
funds provided under this heading in previous years, shall be subject 
to the procedures set forth in section 505 of this Act: Provided 
further, That grants to States pursuant to sections 306 and 306A of the 
Coastal Zone Management Act of 1972, as amended, shall not exceed 
$2,000,000, unless funds provided for ``Coastal Zone Management 
Grants'' exceed funds provided in the previous fiscal year: Provided 
further, That if funds provided for ``Coastal Zone Management Grants'' 
exceed funds provided in the previous fiscal year, then no State shall 
receive more than 5 percent or less than 1 percent of the additional 
funds: Provided further, That for fiscal year 2008 and hereafter the 
Administrator of the National Oceanic and Atmospheric Administration 
may engage in formal and informal education activities, including 
primary and secondary education, related to the agency's mission goals: 
Provided further, That in accordance with section 215 of Public Law 
107-372 the number of officers in the NOAA Commissioned Officer Corps 
shall increase to 321: Provided further, That for fiscal year 2009 and 
hereafter the National Oceanic and Atmospheric Administration shall 
submit its budget request to Congress concurrently with its submission 
to the Office of Management and Budget: Provided further, That of the 
funds provided, $15,000,000 is provided for the alleviation of economic 
impacts associated Framework 42 on the Massachusetts groundfish 
fishery: Provided further, That of the funds available for the Ocean 
Research Priorities Plan Implementation, such sums as may be necessary 
may be set aside to initiate the study to be completed within 2 years 
on acidification of the oceans and how this process affects the United 
States as authorized by section 701 of the Magnuson-Stevens Fishery 
Conservation and Management Reauthorization Act of 2006 (Public Law 
109-479; 120 Stat. 3649): Provided further, That of the funds provided, 
not less than $15,000,000 shall be available to carry out activities 
under section 315 of the Magnuson-Stevens Fishery Conservation and 
Management Act (8 U.S.C. 1864): Provided further, That of the funds 
provided under this heading for the Office of Response and Restoration 
funds may be used from the Damage Assessment Restoration Revolving Fund 
for sampling, and analysis related to the disposal of obsolete vessels 
owned or operated by the Federal Government in Suisun Bay, California: 
Provided further, That of the funds provided under this heading, up to 
$275,000 may be available for the purchase and distribution of bycatch 
reduction devices to shrimpers in areas of the Gulf Coast impacted by 
Hurricane Rita or Hurricane Katrina during 2005.
    In addition, for necessary retired pay expenses under the Retired 
Serviceman's Family Protection and Survivor Benefits Plan, and for 
payments for the medical care of retired personnel and their dependents 
under the Dependents Medical Care Act (10 U.S.C. ch. 55), such sums as 
may be necessary.

               procurement, acquisition and construction

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

                    pacific coastal salmon recovery

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

                      coastal zone management fund

                     (including transfer of funds)

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

                   fisheries finance program account

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

                                 Other

                        Departmental Management

                         salaries and expenses

    For expenses necessary for the departmental management of the 
Department of Commerce provided for by law, including not to exceed 
$5,000 for official entertainment, $53,193,000: Provided, That of the 
amounts provided to the Secretary within this account, $10,000,000 
shall not become available for obligation until the Secretary certifies 
to the Committees on Appropriations that the Bureau of the Census has 
followed, and met all best practices, and all Office of Management and 
Budget guidelines related to information technology projects: Provided 
further, That the Secretary, within 120 days of enactment of this Act, 
shall provide a report to the Committees on Appropriations that audits 
and evaluates all decision documents and expenditures by the Bureau of 
the Census as they relate to the 2010 Census: Provided further, That 
the Secretary, within 120 days of the enactment of this Act, shall 
provide a report to Congress that is publicly available on the Bureau's 
website on the steps that the Census Bureau will take to allow citizens 
the opportunity to complete the decennial census and the American 
Community Survey over the Internet.

                   hchb renovation and modernization

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

                      office of inspector general

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

  national intellectual property law enforcement coordination council

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

               General Provisions--Department of Commerce

                     (including transfer of funds)

    Sec. 101. During the current fiscal year, applicable appropriations 
and funds made available to the Department of Commerce by this Act 
shall be available for the activities specified in the Act of October 
26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed 
by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for 
advanced payments not otherwise authorized only upon the certification 
of officials designated by the Secretary of Commerce that such payments 
are in the public interest.
    Sec. 102. During the current fiscal year, appropriations made 
available to the Department of Commerce by this Act for salaries and 
expenses shall be available for hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 
U.S.C. 3109; and uniforms or allowances therefor, as authorized by law 
(5 U.S.C. 5901-5902).
    Sec. 103. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Commerce in 
this Act may be transferred between such appropriations, but no such 
appropriation shall be increased by more than 10 percent by any such 
transfers: Provided, That any transfer pursuant to this section shall 
be treated as a reprogramming of funds under section 505 of this Act 
and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section: Provided 
further, That the Secretary of Commerce shall notify the Senate 
Committee on Appropriations at least 15 days in advance of the 
acquisition or disposal of any capital asset (including land, 
structures, and equipment) not specifically provided for in this or any 
other Departments of Commerce, Justice, Science, and Related Agencies 
Appropriations Act: Provided further, That for the National Oceanic and 
Atmospheric Administration this section shall provide for transfers 
among appropriations made only to the National Oceanic and Atmospheric 
Administration and such appropriations may not be transferred and 
reprogrammed to other Department of Commerce bureaus and appropriation 
accounts.
    Sec. 104. Any costs incurred by a department or agency funded under 
this title resulting from personnel actions taken in response to 
funding reductions included in this title or from actions taken for the 
care and protection of loan collateral or grant property shall be 
absorbed within the total budgetary resources available to such 
department or agency: Provided, That the authority to transfer funds 
between appropriations accounts as may be necessary to carry out this 
section is provided in addition to authorities included elsewhere in 
this Act: Provided further, That use of funds to carry out this section 
shall be treated as a reprogramming of funds under section 505 of this 
Act and shall not be available for obligation or expenditure except in 
compliance with the procedures set forth in that section.
    Sec. 105. Extension of Guarantee Authority. (a) In General.--
Section 101(k) of the Emergency Steel Loan Guarantee Act of 1999 (15 
U.S.C. 1841 note) is amended by striking ``2007'' and inserting 
``2009''.
    (b) Conforming Amendments.--Paragraphs (1) and (2) of section 
101(b) of the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 
1841 note) are each amended by striking ``in 1998'' and inserting 
``since 1998''.
    (c) Definition of Qualified Steel Company.--Subparagraph (C) of 
section 101(c)(3) of the Emergency Steel Loan Guarantee Act of 1999 (15 
U.S.C. 1841 note) is amended by striking ``, in 1998'' and inserting 
``in 1998, and thereafter,''.
    (d) Salaries and Administrative Expenses.--The Emergency Steel Loan 
Guarantee Act of 1999 (15 U.S.C. 1841 note) is amended by adding at the 
end the following:

``SEC. 103. SALARIES AND ADMINISTRATIVE EXPENSES.

    ``(a) In addition to funds made available under section 101(j) of 
the Emergency Steel Loan Guarantee Act of 1999 (15 U.S.C. 1841 note), 
up to $1,000,000 in funds made available under section 101(f) of such 
Act may be used for salaries and administrative expenses to administer 
the Emergency Steel Loan Guarantee Program.
    ``(b) Funds made available for salaries and administrative expenses 
to administer the Emergency Steel Loan Guarantee Program shall remain 
available until expended.''.
    Sec. 106. Notwithstanding any other provision of law, no funds 
appropriated under this Act shall be used to register, issue, transfer, 
or enforce any trademark of the phrase ``Last Best Place''.
    Sec. 107. Section 3315(b) of title 19, United States Code, is 
amended by inserting ``, including food when sequestered,'' following 
``for the establishment and operations of the United States Section and 
for the payment of the United States share of the expenses''.
    Sec. 108. Notwithstanding the requirements of subsection 4703(d), 
the personnel management demonstration project established by the 
Department of Commerce pursuant to 5 U.S.C. 4703 may be expanded to 
involve more than 5,000 individuals, and is extended indefinitely.
    Sec. 109. (a) The Stevenson-Wydler Technology Innovation Act of 
1980 (Public Law 96-480), as amended, is amended by:
            (1) deleting section 5;
            (2) deleting paragraphs (1) and (3) of section 4; and
            (3) redesignating paragraphs (2) and (4) through (13) as 
        paragraphs (1) through (11).
    (b) Section 212(b) of the National Technical Information Act of 
1988 (Public Law 100-519), as amended, is amended by striking ``Under 
Secretary of Commerce for Technology'' and inserting ``Director of the 
National Institute of Standards and Technology''.
    Sec. 110. The Secretary of Commerce is permitted to prescribe and 
enforce standards or regulations affecting safety and health in the 
context of scientific and occupational diving within the National 
Oceanic and Atmospheric Administration.
    Sec. 111. NOAA Pacific Regional Center. (a) In General.--The 
National Oceanic and Atmospheric Administration (NOAA) is authorized to 
engage in planning, design, acquisition, renovation, construction and 
related activities to complete NOAA's Pacific Regional Center on Ford 
Island, Hawaii, consisting of the following: adaptive re-use and 
renovation of hangars 175 and 176, and construction of a new 
interconnecting building and other related structures. Funds are hereby 
authorized to be appropriated for fiscal years beginning after 
September 2007 for purposes of completing the Center.
    (b) Incremental Funding.--Of the funds appropriated elsewhere in 
this Act, $20,250,000 are available for obligation and expenditure as 
an additional increment to funds previously appropriated for the NOAA 
Pacific Regional Center. These funds may be expended incrementally 
through multiple year contracts for design, construction and related 
activities for the Center; and remain available until expended.
    Sec. 112. Papahanaumokuakea Fishery Reduction. (a) In General.--The 
Papahanaumokuakea Marine National Monument was created by Presidential 
proclamation on June 15, 2006 to protect more than 7,000 marine and 
terrestrial species including protection for the habitat for the 
endangered Hawaiian monk seal, threatened Hawaiian green sea turtle and 
other marine species. The Presidential proclamation will phase out all 
commercial fishing by June 15, 2011. The Secretary of Commerce is 
authorized to conduct a voluntary capacity reduction program to remove 
all commercial fishing capacity in the area prior to that date.
    (b) Regulations.--The Secretary shall promulgate regulations for 
the voluntary capacity reduction program that:
            (1) identifies eligible participants as those individuals 
        engaged in commercial fishing in the designated waters within 
        the Papahanaumokuakea Marine National Monument pursuant to a 
        valid commercial Federal fishing permit in the 2006 fishing 
        season;
            (2) provides a mechanism to compensate eligible 
        participants for no more than the economic value of their 
        permits, their vessels or vessel endorsements, and fishing 
        gear;
            (3) ensures that commercial fishing vessels of eligible 
        participants cannot be used in fishing anywhere in the world;
            (4) for the commercial fishing vessels of eligible 
        participants, ensures
                    (A) that documentation be provided showing that 
                such vessel has been scrapped or scuttled or,
                    (B) that the Secretary of the department in which 
                the Coast Guard is operating places a title restriction 
                on the fishing vessel permanently prohibiting and 
                effectively preventing its use in fishing, and
                    (C) that the vessel must remain in Federal 
                documentation and that the Maritime Administration will 
                prohibit the reflagging of the vessel.
    (c) Authorization.--There is authorized no more than $7,500,000 and 
there is appropriated $7,500,000 of the amount provided in this Act for 
National Oceanic and Atmospheric Administration's ``Operations, 
research, and facilities'' to implement this program.
    (d) Clarification.--Nothing in this section is intended to enlarge 
or diminish Federal or State title, jurisdiction, or authority with 
respect to the waters of the Northwestern Hawaiian Islands or the tidal 
or submerged lands under any provision of State or Federal law.
    Sec. 113. NIST Building 1 Extension. Of the funds appropriated 
elsewhere in this Act, $28,000,000 are available for obligation and 
expenditure as an additional increment to funds previously appropriated 
for this project. These funds may be expended incrementally through 
multiple year contracts for design, construction and related activities 
for the Building 1 Extension; and remain available until expended.
    Sec. 114. Limitations on Satellite Acquisitions by the Department 
of Commerce. (a) Certification.--
            (1) Requirement for certification.--Prior to the date that 
        the certification described in paragraph (2) is made, the 
        Secretary may not--
                    (A) obligate funds provided by this Act or by 
                previous appropriations Acts to acquire satellites; or
                    (B) receive approval of--
                            (i) a major milestone; or
                            (ii) a key decision point.
            (2) Content of certification.--The certification described 
        in this paragraph is a certification made by the Secretary and 
        the Director that--
                    (A) the technology utilized in the satellites has 
                been demonstrated in a relevant environment;
                    (B) the program has demonstrated a high likelihood 
                of accomplishing the its intended goals; and
                    (C) the acquisition of satellites for use in the 
                program represents a good value--
                            (i) in consideration of the per unit cost 
                        and the total acquisition cost of the program 
                        and in the context of the total resources 
                        available for the fiscal year in which the 
                        certification is made and the future out-year 
                        budget projections for the Department of 
                        Commerce; and
                            (ii) in consideration of the ability of the 
                        Secretary to accomplish the goals of the 
                        program using alternative systems.
            (3) Submission to congress.--Not later than the 30 days 
        after the date of the enactment of this Act, the Secretary and 
        the Director shall submit to the appropriate congressional 
        committees--
                    (A) the certification described in paragraph (2); 
                or
                    (B) a report on the reasons that such certification 
                cannot be made.
    (b) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Appropriations and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate; and
                    (B) the Committee on Appropriations and the 
                Committee on Science and Technology of the House of 
                Representatives.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (3) Key decision point.--The term ``key decision point'' 
        means the initiation of procurement for a major system or 
        subsystem of a program.
            (4) Major milestone approval.--The term ``major milestone 
        approval'' means a decision to enter into development of a 
        system for a program.
            (5) Program.--The term ``program'' means the programs of 
        the National Oceanic and Atmospheric Administration for which 
        satellites will be acquired.
            (6) Satellite.--The term ``satellite'' means the satellites 
        proposed to be acquired for the National Oceanic and 
        Atmospheric Administration, other than the National Polar-
        orbiting Operational Environmental Satellite System (NPOESS).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
    (c) Independent Cost Estimates.--
            (1) Requirement.--The Secretary may not approve the 
        development or acquisition of a program unless an independent 
        estimate of the full life-cycle cost of the program has been 
        considered by the Secretary.
            (2) Regulations.--The Secretary shall prescribe regulations 
        governing the content and submission of the estimate required 
        by paragraph (1). The regulations shall require that each such 
        estimate--
                    (A) be prepared by an office or other entity that 
                is not under the supervision of the Under Secretary of 
                Oceans and Atmosphere; and
                    (B) include all costs of development, procurement, 
                construction, operations, maintenance, and management 
                of the program.
    (d) Requirement for Analysis if Unit Costs Exceed 15 Percent.--
            (1) Requirement.--If the percentage increase in the 
        acquisition cost of a program in which the acquisition unit 
        cost or procurement unit cost exceeds 15 percent more than the 
        baseline cost of the program, the Secretary shall initiate an 
        analysis of the program. Such analysis of alternatives shall 
        include, at a minimum, the following:
                    (A) The projected cost to complete the program if 
                current requirements are not modified.
                    (B) The projected cost to complete the program 
                based on potential modifications to the requirements.
                    (C) The projected cost to complete the program 
                based on design modifications, enhancements to the 
                producibility of the program, and other efficiencies.
                    (D) The projected cost and capabilities of the 
                program that could be delivered within the originally 
                authorized budget for the program, including any 
                increase or decrease in capability.
                    (E) The projected costs for an alternative system 
                or capability.
            (2) Submission to congress.--The analysis of alternatives 
        required under paragraph (1) with respect to a program shall 
        be--
                    (A) completed not later than 6 months after the 
                date of that the Secretary determines that the cost of 
                the program exceeds 15 percent more than the baseline 
                cost of the program; and
                    (B) submitted to the appropriate congressional 
                committees not later than 30 days after the date the 
                analysis is completed.
            (3) Clarification of cost escalation.--For the purposes of 
        determining whether cost of the Geostationary Operational 
        Environmental Satellite Program exceeds 15 percent more than 
        the baseline cost under paragraph (1), the baseline cost of the 
        such Program is $6,960,000,000.
    Sec. 115. Intangible Assets Investment Study. (a) In General.--Not 
later than 60 days after the date of the enactment of this Act, the 
Director of the Bureau of Economic Analysis of the Department of 
Commerce shall enter into an agreement with the Council of the National 
Academy of Sciences to conduct a study, which shall--
            (1) recommend steps to improve the measurement of 
        intangible assets and their incorporation in the National 
        Income and Product Accounts;
            (2) identify and estimate the size of the Federal 
        Government's investment in intangible assets;
            (3) survey other countries' efforts to measure and promote 
        investments in intangible assets; and
            (4) recommend policies to accelerate private and public 
        investment in the types of intangible assets most likely to 
        contribute to economic growth.
    (b) Completion.--The National Academy of Sciences shall complete 
the study described in subsection (a) not later than 18 months after 
the date on which the agreement described in subsection (a) was signed.
    (c) Funding.--From the funds appropriated for economic and 
statistical analysis under this title, the Secretary of Commerce may 
set aside sufficient amounts to complete the study described in 
subsection (a).
    Sec. 116. United States Economic Data. (a) Of the funds provided in 
this title for Economic and Information Infrastructure under the 
heading ``economic and statistic analysis'', $950,000 may be used to 
carry out the study and report required under this section.
    (b) Not later than 60 days after the date of the enactment of this 
Act, the Secretary of Commerce shall enter into a contract with the 
National Academy of Sciences to conduct a study and report on whether 
the import price data published by the Bureau of Labor Statistics and 
other economic data collected by the United States accurately reflect 
the economic condition of the United States.
    (c)(1) The report required by subsection (b) shall include an 
analysis of the methods used to determine the condition of the United 
States economy and shall address--
            (A) whether the statistical measure of the United States 
        economy correctly interprets the impact of imports and 
        outsourced production;
            (B) whether the statistical measures of the United States 
        economy result in an accurate report of United States gross 
        domestic product (GDP), productivity, and other aspects of 
        economic performance;
            (C) whether the impact of imports on United States 
        manufacturing levels and competitiveness is accurately 
        reported; and
            (D) whether other countries are accounting for import 
        prices more accurately or frequently than the United States.
    (2) If the findings of the report indicate that the methods used 
for accounting for imported goods and United States wages result in 
overstating economic growth, domestic manufacturing output, and 
productivity growth, the report shall include recommendations with 
respect to--
            (A) what actions should be taken to produce more accurate 
        import price indices on a regular basis; and
            (B) what other measures of economic analysis should be used 
        to accurately reflect the globalization of economic activity 
        and offshoring of domestic production.
    (d) The report required by subsection (b) shall be completed and 
submitted to Congress not later than 18 months after the date of the 
contract described in subsection (b).
    Sec. 117. (a) In General.--The Secretary of Commerce may--
            (1) develop, maintain, and make public a list of vessels 
        and vessel owners engaged in illegal, unreported, or 
        unregulated fishing, including vessels or vessel owners 
        identified by an international fishery management organization, 
        whether or not the United States is a party to the agreement 
        establishing such organization; and
            (2) take appropriate action against listed vessels and 
        vessel owners, including action against fish, fish parts, or 
        fish products from such vessels, in accordance with applicable 
        United States law and consistent with applicable international 
        law, including principles, rights, and obligations established 
        in applicable international fishery management and trade 
        agreements.
    (b) Restrictions on Port Access or Use.--Action taken by the 
Secretary under subsection (a)(2) that include measures to restrict use 
of or access to ports or port services shall apply to all ports of the 
United States and its territories.
    (c) Regulations.--The Secretary may promulgate regulations to 
implement this section.
    This title may be cited as the ``Department of Commerce 
Appropriations Act, 2008''.

                                TITLE II

                         DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

    For expenses necessary for the administration of the Department of 
Justice, $104,777,000, of which not to exceed $3,317,000 is for 
security and construction of Department of Justice facilities, to 
remain available until expended: Provided, That the Attorney General is 
authorized to transfer funds appropriated within General Administration 
to any office in this account: Provided further, That no appropriations 
for any office within General Administration shall be increased or 
decreased by more than 5 percent by all such transfers: Provided 
further, That $12,684,000 is for Department Leadership; $7,664,000 is 
for Intergovernmental Relations/External Affairs; $11,832,000 is for 
Executive Support/Professional Responsibility; and $72,597,000 is for 
the Justice Management Division: Provided further, That any change in 
funding greater than 5 percent shall be submitted for approval to the 
Senate Committee on Appropriations consistent with the terms of section 
505 of this Act: Provided further, That this transfer authority is in 
addition to transfers authorized under section 505 of this Act: 
Provided further, That not to exceed $30,000 shall be available for 
official reception and representation expenses: Provided further, That 
$10,000,000 shall only be used to address the health safety and 
security issues identified in the United States Department of Justice, 
Office of Inspector General Report I-2007-008.

                 justice information sharing technology

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

            tactical law enforcement wireless communications

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

                   administrative review and appeals

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

                           detention trustee

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

                      office of inspector general

    For necessary expenses of the Office of Inspector General, 
$73,700,000, including not to exceed $10,000 to meet unforeseen 
emergencies of a confidential character: Provided, That within 200 days 
of enactment of this Act, the Inspector General shall conduct an audit 
and issue a report to the Committees on Appropriations of all expenses 
of the legislative and public affairs offices at each location of the 
Justice Department, its bureaus and agencies, including but not limited 
to every field office and headquarters component; the audit shall 
include any and all expenses related to these activities.

                    United States Parole Commission

                         salaries and expenses

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

                            Legal Activities

                        general legal activities

                         salaries and expenses

                     (including transfer of funds)

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

                           antitrust division

                         salaries and expenses

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

                        united states attorneys

                         salaries and expenses

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

                   united states trustee system fund

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

                  foreign claims settlement commission

                         salaries and expenses

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

                     United States Marshals Service

                         salaries and expenses

    For necessary expenses of the United States Marshals Service, 
$896,860,000; of which not to exceed $20,000 shall be available for 
official reception and representation expenses; of which not to exceed 
$4,000,000 shall be for information technology systems and shall remain 
available until expended: Provided, That not less than $12,397,000 
shall be available for the costs of courthouse security equipment, 
including furnishings, relocations, and telephone systems and cabling, 
and shall remain available until expended: Provided further, That an 
additional $7,845,000 shall be available to carry out the Adam Walsh 
Child Protection and Safety Act of 2006 offset by a reduction in the 
amount available for the Advanced Technology Program under the heading 
``Industrial Technology Services'' in title I of $7,845,000.

                              construction

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

                     fees and expenses of witnesses

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

                      community relations service

                         salaries and expenses

    For necessary expenses of the Community Relations Service, 
$10,230,000: Provided, That notwithstanding section 105 of this Act, 
upon a determination by the Attorney General that emergent 
circumstances require additional funding for conflict resolution and 
violence prevention activities of the Community Relations Service, the 
Attorney General may transfer such amounts to the Community Relations 
Service, from available appropriations for the current fiscal year for 
the Department of Justice, as may be necessary to respond to such 
circumstances: Provided further, That any transfer pursuant to the 
previous proviso shall be treated as a reprogramming under section 505 
of this Act and shall not be available for obligation or expenditure 
except in compliance with the procedures set forth in that section: 
Provided further, That of the amount appropriated under this heading, 
$2,000,000 shall be used for salaries and expenses for hiring 
additional conciliators for the regional offices of the Community 
Relations Service of the Department of Justice: Provided further, That 
not less than 3 of the conciliators hired under the preceding proviso 
shall be employed in region 6.

                         assets forfeiture fund

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

                       national security division

                         salaries and expenses

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

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

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

                    Federal Bureau of Investigation

                         salaries and expenses

    For necessary expenses of the Federal Bureau of Investigation for 
detection, investigation, and prosecution of crimes against the United 
States, $6,372,250,000; of which not to exceed $150,000,000 shall 
remain available until expended; and of which $2,308,580,000 shall be 
for counterterrorism investigations, foreign counterintelligence, and 
other activities related to national security: Provided, That not to 
exceed $205,000 shall be available for official reception and 
representation expenses: Provided further, That not to exceed $170,000 
shall be available for expenses associated with the celebration of the 
100th anniversary of the FBI: Provided further, That not later than 60 
days after the enactment of this Act, the Director of the FBI shall 
submit to the Committee on Appropriations and the Committee on 
Judiciary of each House a report that evaluates the FBI's current work 
force allocation and assesses the right-sizing and realignment of 
agents, analysts and support personnel currently in field offices to 
better meet the FBI's mission requirements and priorities.

                              construction

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

                    Drug Enforcement Administration

                         salaries and expenses

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

          Bureau of Alcohol, Tobacco, Firearms, and Explosives

                         salaries and expenses

    For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms, 
and Explosives, including not to exceed $50,000 for official reception 
and representation expenses; for training of State and local law 
enforcement agencies with or without reimbursement, including training 
in connection with the training and acquisition of canines for 
explosives and fire accelerants detection; and for provision of 
laboratory assistance to State and local law enforcement agencies, with 
or without reimbursement, $1,013,980,000, of which not to exceed 
$1,000,000 shall be available for the payment of attorneys' fees as 
provided by section 924(d)(2) of title 18, United States Code; and of 
which $10,000,000 shall remain available until expended: Provided, That 
no funds appropriated herein shall be available for salaries or 
administrative expenses in connection with consolidating or 
centralizing, within the Department of Justice, the records, or any 
portion thereof, of acquisition and disposition of firearms maintained 
by Federal firearms licensees: Provided further, That no funds 
appropriated herein shall be used to pay administrative expenses or the 
compensation of any officer or employee of the United States to 
implement an amendment or amendments to 27 CFR 178.118 or to change the 
definition of ``curios or relics'' in 27 CFR 178.11 or remove any item 
from ATF Publication 5300.11 as it existed on January 1, 1994: Provided 
further, That none of the funds appropriated herein shall be available 
to investigate or act upon applications for relief from Federal 
firearms disabilities under 18 U.S.C. 925(c): Provided further, That 
such funds shall be available to investigate and act upon applications 
filed by corporations for relief from Federal firearms disabilities 
under section 925(c) of title 18, United States Code: Provided further, 
That no funds made available by this or any other Act may be used to 
transfer the functions, missions, or activities of the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives to other agencies or 
Departments in fiscal year 2008: Provided further, That no funds 
appropriated under this or any other Act with respect to any previous 
fiscal year, fiscal year 2008, and any fiscal year thereafter may be 
used to disclose all or part of any information received or generated 
by the Bureau of Alcohol, Tobacco, Firearms and Explosives in 
connection with any request to trace a firearm, or information required 
to be kept by licensees pursuant to 923(g) of title 18, United States 
Code, or required to be reported pursuant to paragraphs (3) and (7) of 
title 18, United States Code, except--
            (1) to an official of a Federal, State, tribal, local, or 
        foreign law enforcement agency or a Federal, State, or local 
        prosecutor, who certifies that the information is sought solely 
        in connection with and for use in a bona fide criminal 
        investigation or bona fide criminal prosecution, or for 
        national security or intelligence purposes, and will not be 
        used or disclosed for any other purpose;
            (2) for use in an action or proceeding commenced by the 
        Attorney General to enforce the provisions of chapter 44 of 
        title 18, United States Code; chapter 53 of title 26, United 
        States Code; chapter 3 of the Arms Export Control Act; or a 
        review of such an action or proceeding; or
            (3) for use in an action or proceeding commenced by the 
        Secretary of the Treasury to enforce part III of subchapter D 
        of chapter 32 of the Internal Revenue Code of 1986, or a review 
        of such an action or proceeding:
Provided further, That nothing in the previous proviso shall be 
construed to prevent the sharing or exchange of such information among 
and between Federal, State, tribal, local or foreign law enforcement 
agencies or Federal, State, or local prosecutors, or national security, 
intelligence, or counterterrorism officials, provided that such 
information, regardless of its source, is shared, exchanged, or used 
solely in connection with bona fide criminal investigations or bona 
fide criminal prosecutions or for national security or intelligence 
purposes: Provided further, That information in the Firearms Trace 
System database maintained by the National Trace Center, including all 
information received or generated by of the Bureau of Alcohol, Tobacco, 
Firearms and Explosives shall be immune from legal process, shall not 
be subject to subpoena or other discovery, shall not be used, relied 
on, or disclosed in any manner, and, regardless of when disclosed 
including previously disclosed information, shall not be admissible as 
evidence, nor shall testimony or other evidence based on such data be 
admissible as evidence, in any civil action pending on or filed after 
the effective date of this subparagraph in any State or Federal court 
(including any court in the District of Columbia), or in any 
administrative proceeding other than a proceeding commenced by the 
Bureau of Alcohol, Tobacco, Firearms and Explosives to enforce the 
provisions of chapter 44 of title 18, United States Code; chapter 53 of 
title 26, United States Code; chapter 3 of the Arms Export Control Act; 
a proceeding commenced by the Secretary of the Treasury to enforce part 
III of subchapter D of chapter 32 of the Internal Revenue Code of 1986; 
or judicial review of such actions or proceedings. This provision shall 
not be construed to prevent the disclosure of statistical information 
concerning total production, importation, and exportation by each 
licensed importer (as defined in section 921(a)(19) of title 18) and 
licensed manufacturer (as defined in section 921(a)(10) of title 18): 
Provided further, That no funds made available by this or any other Act 
shall be expended to promulgate or implement any rule requiring a 
physical inventory of any business licensed under section 923 of title 
18, United States Code: Provided further, That no funds under this Act 
may be used to electronically retrieve information gathered pursuant to 
18 U.S.C. 923(g)(4) by name or any personal identification code: 
Provided further, That no funds authorized or made available under this 
or any other Act may be used to deny any application for a license 
under section 923 of title 18, United States Code, or renewal of such a 
license due to a lack of business activity, provided that the applicant 
is otherwise eligible to receive such a license, and is eligible to 
report business income or to claim an income tax deduction for business 
expenses under the Internal Revenue Code of 1986: Provided further, 
That notwithstanding any other provision of law, home to work 
transportation currently allotted to Bureau of Alcohol, Tobacco, 
Firearms and Explosives field operations is extended to headquarters 
executive Special Agents and designees.

                              construction

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

                         Federal Prison System

                         salaries and expenses

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

                        buildings and facilities

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

                federal prison industries, incorporated

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

   limitation on administrative expenses, federal prison industries, 
                              incorporated

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

                    Office on Violence Against Women

       violence against women prevention and prosecution programs

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

                       Office of Justice Programs

                           justice assistance

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

               state and local law enforcement assistance

    For grants, contracts, cooperative agreements, and other assistance 
authorized by the Violent Crime Control and Law Enforcement Act of 1994 
(Public Law 103-322) (``the 1994 Act''); the Omnibus Crime Control and 
Safe Streets Act of 1968 (``the 1968 Act''); the Justice for All Act of 
2004 (Public Law 108-405); the Victims of Child Abuse Act of 1990 
(Public Law 101-647; 104 Stat. 9792) (``the 1990 Act''); the 
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 
109-164; 119 Stat. 3558); the Violence Against Women and Department of 
Justice Reauthorization Act of 2005 (Public Law 109-162); and the 
Victims of Trafficking and Violence Protection Act of 2000 (Public Law 
106-386); and other programs; $1,430,000,000 (including amounts for 
administrative costs, which shall be transferred to and merged with the 
``Justice Assistance'' account): Provided, That funding provided under 
this heading shall remain available until expended, as follows--
            (1) $660,000,000 for the Edward Byrne Memorial Justice 
        Assistance Grant Program as authorized by subpart 1 of part E 
        of title I of the 1968 Act, as amended by section 1111 of 
        Public Law 109-162, of which--
                    (A) $75,000,000 for Boys and Girls Clubs in public 
                housing facilities and other areas in cooperation with 
                State and local law enforcement, as authorized by 
                section 401 of the Economic Espionage Act of 1996 (42 
                U.S.C. 13751 note); and
                    (B) $5,000,000 is for a program to improve State 
                and local law enforcement intelligence capabilities 
                including antiterrorism training and training to ensure 
                that constitutional rights, civil liberties, civil 
                rights, and privacy interests are protected throughout 
                the intelligence process;
            (2) $420,000,000 for the State Criminal Alien Assistance 
        Program, as authorized by section 241(i)(5) of the Immigration 
        and Nationality Act (8 U.S.C. 1231(i)(5)), of which $30,000,000 
        for the Southwest Border Prosecutor Initiative to reimburse 
        State, county, parish, tribal, or municipal governments only 
        for costs associated with the prosecution of criminal cases 
        declined by local United States Attorneys offices, and of which 
        $20,000,000 for a Northern Border Prosecutor Initiative to 
        reimburse State, county, parish, tribal, or municipal 
        governments only for costs associated with the prosecution of 
        criminal cases declined by local United States Attorneys 
        offices, subject to section 505 of this Act; and the amount 
        appropriated in this title under the heading ``General 
        Administration'' is reduced by $20,000,000.
            (3) $190,000,000 for discretionary grants, notwithstanding 
        the provisions of section 505 of the 1968 Act;
            (4) $15,000,000 for victim services programs for victims of 
        trafficking, as authorized by section 107(b)(2) of Public Law 
        106-386;
            (5) $40,000,000 for Drug Courts, as authorized by section 
        1001(25)(A) of title I of the 1968 Act: Provided, That of the 
        unobligated balances available to the Department of Justice 
        (except for amounts made available for Drug Courts, as 
        authorized by section 1001(25)(A) of title I of the 1968 Act), 
        $15,000,000 are rescinded: Provided further, That within 30 
        days after the enactment of this Act the Attorney General shall 
        submit to the Committee on Appropriations of the House of 
        Representatives and the Senate a report specifying the amount 
        of each rescission made pursuant to this section;
            (6) $10,000,000 for grants for residential substance abuse 
        treatment for State prisoners, as authorized by part S of the 
        1968 Act;
            (7) $25,000,000 for the Capital Litigation Improvement 
        Grant Program as authorized by sections 421, 422, and 426 of 
        Public Law 108-405, to be equally divided between the Capital 
        Prosecution Improvement Grants and Capital Representation 
        Improvement Grants;
            (8) $10,000,000 for mental health courts and adult and 
        juvenile collaboration program grants, as authorized by parts V 
        and HH of title I of the 1968 Act;
            (9) $2,000,000 for the National Sex Offender Public 
        Registry;
            (10) $1,000,000 for the Missing Alzheimer's Disease Patient 
        Alert Program, as authorized by section 240001(c) of Public Law 
        106-386;
            (11) $28,000,000 for assistance to Indian tribes, of 
        which--
                    (A) $15,000,000 shall be available for grants under 
                section 201109(a)(2) of subtitle A of title II of the 
                1994 Act;
                    (B) $8,000,000 shall be available for the Tribal 
                Courts Initiative; and
                    (C) $5,000,000 shall be available for demonstration 
                projects on alcohol and crime in Indian County;
            (12) $5,000,000 for prison rape prevention and prosecution 
        programs, as authorized by the Prison Rape Elimination Act of 
        2003 (Public Law 108-79);
            (13) $15,000,000 is for the court appointed advocate 
        program, as authorized by section 217 of the 1990 Act;
            (14) $4,000,000 is for child abuse training programs for 
        judicial personnel and practitioners, as authorized by section 
        222 of the 1990 Act; and
            (15) $5,000,000 for prescription drug monitoring program:
Provided further, That, if a unit of local government uses any of the 
funds made available under this title to increase the number of law 
enforcement officers, the unit of local government shall achieve a net 
gain in the number of law enforcement officers who perform 
nonadministrative public safety service.

                       weed and seed program fund

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

                  community oriented policing services

                     (including transfer of funds)

    For activities authorized by the Violent Crime Control and Law 
Enforcement Act of 1994 (Public Law 103-322) (including administrative 
costs), the Omnibus Crime Control and Safe Streets Act of 1968 (``the 
1968 Act''), the Justice for All Act of 2004 (Public Law 108-405), the 
Violence Against Women and Department of Justice Reauthorization Act of 
2005 (Public Law 109-162), the USA PATRIOT Improvement and 
Reauthorization Act (Public Law 109-177; 120 Stat. 192) (including 
administrative costs), the Prosecutorial Remedies and Other Tools to 
End the Exploitation of Children Today Act of 2003 (Public Law 108-21), 
$660,000,000, to remain available until expended: Provided, That of the 
funds under this heading, not to exceed $2,575,000 shall be available 
for the Office of Justice Programs for any and all reimbursable 
services, functions and activities associated with programs 
administered by the Office of Community Oriented Policing Services 
including activities authorized by sections 1158 and 1159 of Public Law 
109-162: Provided further, That section 1703(b) and (c) of the 1968 Act 
shall not apply to non-hiring grants made pursuant to part Q of title I 
(42 U.S.C. 3796dd et seq.): Provided further, That the $15,000,000 
provided to the National Institute of Standards and Technology's Office 
of Law Enforcement Standards under this section shall be transferred 
directly to the National Institute of Standards and Technology's Office 
of Law Enforcement Standards from the Community Oriented Policing 
Services Office: Provided further, That the Attorney General shall 
waive in whole the matching requirement under section 1701(g) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(g)) for any grant recipient located in a county or parish in 
which the President declared a major disaster (as that term is defined 
in section 102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122)) in response to Hurricane Katrina of 
2005 or Hurricane Rita of 2005: Provided further, That of the amounts 
provided--
            (1) $25,000,000 is for the matching grant program for law 
        enforcement armor vests as authorized by section 2501 of part Y 
        of the 1968 Act;
            (2) $80,000,000 is for policing initiatives to combat 
        illegal methamphetamine production, sale and use in ``drug hot 
        spots'' as authorized by section 754 of Public Law 109-177;
            (3) $110,000,000 is for law enforcement technologies;
            (4) $5,000,000 is for grants to upgrade criminal records, 
        as authorized under the Crime Identification Technology Act of 
        1998 (42 U.S.C. 14601);
            (5) $10,000,000 is for an offender re-entry program;
            (6) $169,000,000 is for DNA analysis and capacity 
        enhancement program, and for other State, local and Federal 
        forensic activities, of which--
                    (A) $151,000,000 for the Debbie Smith DNA Backlog 
                Grants as authorized by Public Law 108-405 section 202;
                    (B) $5,000,000 for the Kirk Bloodsworth Post-
                Conviction DNA Testing Grant Program as authorized by 
                Public Law 108-405 section 412 and section 413;
                    (C) $6,000,000 for DNA Training and Education for 
                Law Enforcement, Correctional Personnel, and Court 
                Officers as authorized by Public Law 108-405 section 
                303;
                    (D) $5,000,000 for DNA Research and Development as 
                authorized by Public Law 108-405 section 305;
                    (E) $2,000,000 for the DNA Identification of 
                Missing Persons as authorized by Public Law 108-405 
                section 308;
            (7) $35,000,000 is for improving tribal law enforcement, 
        including equipment and training assistance to Indian tribes;
            (8) $6,000,000 is for training and technical assistance;
            (9) $40,000,000 is for Paul Coverdell Forensic Sciences 
        Improvement Grants under part BB of title I of the 1968 Act (42 
        U.S.C. 3797j et seq.);
            (10) $5,000,000 is for the National District Attorneys 
        Association to conduct prosecutorial training by the National 
        Advocacy Center;
            (11) $55,000,000 is for a national grant program to arrest 
        and prosecute child predators as authorized by section 1701(d) 
        of part Q of title I of the 1968 Act as amended by section 341 
        of Public Law 108-21;
            (12) $110,000,000 is for grants under section 1701 of title 
        I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and 
        rehiring of additional career law enforcement officers under 
        part Q of such title, notwithstanding subsection (i) of such 
        section; and
            (13) not to exceed $11,000,000 is for program management 
        and administration.

                       juvenile justice programs

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

                    public safety officers benefits

    For payments and expenses authorized by part L of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796), 
such sums as are necessary, as authorized by section 6093 of Public Law 
100-690 (102 Stat. 4339-4340) (including amounts for administrative 
costs, which amounts shall be paid to the ``Justice Assistance'' 
account), to remain available until expended; and $5,000,000 for 
payments authorized by section 1201(b) of such Act; and $4,100,000 for 
educational assistance, as authorized by section 1212 of such Act: 
Provided, That, hereafter, funds available to conduct appeals under 
section 1205(c) of the 1968 Act, which includes all claims processing, 
shall be available also for the same under subpart 2 of such part L and 
under any statute authorizing payment of benefits described under 
subpart 1 thereof, and for appeals from final decisions of the Bureau 
(under such part or any such statute) to the Court of Appeals for the 
Federal Circuit, which shall have exclusive jurisdiction thereof 
(including those pending), and for expenses of representation of 
hearing examiners (who shall be presumed irrebuttably to enjoy quasi-
judicial immunity in the discharge of their duties under such part or 
any such statute) in connection with litigation against them arising 
from such discharge.

               General Provisions--Department of Justice

    Sec. 201. None of the funds appropriated by this title shall be 
available to pay for an abortion, except where the life of the mother 
would be endangered if the fetus were carried to term, or in the case 
of rape: Provided, That should this prohibition be declared 
unconstitutional by a court of competent jurisdiction, this section 
shall be null and void.
    Sec. 202. None of the funds appropriated under this title shall be 
used to require any person to perform, or facilitate in any way the 
performance of, any abortion.
    Sec. 203. Nothing in the preceding section shall remove the 
obligation of the Director of the Bureau of Prisons to provide escort 
services necessary for a female inmate to receive such service outside 
the Federal facility: Provided, That nothing in this section in any way 
diminishes the effect of section 202 intended to address the 
philosophical beliefs of individual employees of the Bureau of Prisons.
    Sec. 204. Not to exceed 5 percent of any appropriation made 
available for the current fiscal year for the Department of Justice in 
this Act may be transferred between such appropriations, but no such 
appropriation, except as otherwise specifically provided, shall be 
increased by more than 10 percent by any such transfers: Provided, That 
any transfer pursuant to this section shall be treated as a 
reprogramming of funds under section 505 of this Act and shall not be 
available for obligation except in compliance with the procedures set 
forth in that section: Provided further, That none of the funds 
appropriated to ``Buildings and Facilities, Federal Prison System'' in 
this or any other Act may be transferred to ``Salaries and Expenses, 
Federal Prison System'', or any other Department of Justice account, 
unless the President certifies that such a transfer is necessary to the 
national security interests of the United States, and such authority 
shall not be delegated, and shall be subject to section 505 of this 
Act.
    Sec. 205. The Attorney General is authorized to extend through 
September 30, 2009, the Personnel Management Demonstration Project 
transferred to the Attorney General pursuant to section 1115 of the 
Homeland Security Act of 2002, Public Law 107-296 (6 U.S.C. 533) 
without limitation on the number of employees or the positions covered.
    Sec. 206. Notwithstanding any other provision of law, Public Law 
102-395 section 102(b) shall extend to the Bureau of Alcohol, Tobacco, 
Firearms and Explosives in the conduct of undercover investigative 
operations and shall apply without fiscal year limitation with respect 
to any undercover investigative operation initiated by the Bureau of 
Alcohol, Tobacco, Firearms and Explosives that is necessary for the 
detection and prosecution of crimes against the United States.
    Sec. 207. None of the funds made available to the Department of 
Justice in this Act may be used for the purpose of transporting an 
individual who is a prisoner pursuant to conviction for crime under 
State or Federal law and is classified as a maximum or high security 
prisoner, other than to a prison or other facility certified by the 
Federal Bureau of Prisons as appropriately secure for housing such a 
prisoner.
    Sec. 208. (a) None of the funds appropriated by this Act may be 
used by Federal prisons to purchase cable television services, to rent 
or purchase videocassettes, videocassette recorders, or other 
audiovisual or electronic equipment used primarily for recreational 
purposes.
    (b) Subsection (a) shall not preclude the renting, maintenance, or 
purchase of audiovisual or electronic equipment for inmate training, 
religious, or educational programs.
    Sec. 209. Any deviation from the amounts designated for specific 
activities in this Act and accompanying report, or any use of 
deobligated balances of funds provided under this title in previous 
years, shall be subject to the procedures set forth in section 505 of 
this Act.
    Sec. 210. Section 112 of title I as contained in division B of the 
Consolidated Appropriations Act, 2004 (Public Law 108-199) is amended 
as follows:
            (1) by inserting in paragraph (a)(2)(A) ``the Commissioner 
        of Health & Social Services for Alaska, a representative of an 
        Alaska Native healthcare provider'' after ``Village Public 
        Safety Officer programs,'';
            (2) by inserting in paragraph (a)(2)(A) ``and a non-voting 
        judge'' after ``non-voting representative''; and
            (3) by inserting in paragraph (a)(2)(A) ``The Chief Justice 
        of the Alaska Supreme Court may appoint a non-voting 
        representative of the Alaska Supreme Court to provide technical 
        support.'' at the end of the paragraph.
    Sec. 211. Section 589a of title 28, United States Code, is amended 
in subsection (b) by--
            (1) striking ``and'' in paragraph (8);
            (2) striking the period in paragraph (9) and inserting ``; 
        and''; and
            (3) adding the following new paragraph:
            ``(10) fines imposed under section 110(l)(4)(A) of title 
        11, United States Code.''.
    Sec. 212. (a) Section 1930(a) of title 28, United States Code, is 
amended in paragraph (6) by striking everything after ``whichever 
occurs first.'' and inserting in lieu thereof: ``The fee shall be $325 
for each quarter in which disbursements total less than $15,000; $650 
for each quarter in which disbursements total $15,000 or more but less 
than $75,000; $975 for each quarter in which disbursements total 
$75,000 or more but less than $150,000; $1,625 for each quarter in 
which disbursements total $150,000 or more but less than $225,000; 
$1,950 for each quarter in which disbursements total $225,000 or more 
but less than $300,000; $4,875 for each quarter in which disbursements 
total $300,000 or more but less than $1,000,000; $6,500 for each 
quarter in which disbursements total $1,000,000 or more but less than 
$2,000,000; $9,750 for each quarter in which disbursements total 
$2,000,000 or more but less than $3,000,000; $10,400 for each quarter 
in which disbursements total $3,000,000 or more but less than 
$5,000,000; $13,000 for each quarter in which disbursements total 
$5,000,000 or more but less than $15,000,000; $20,000 for each quarter 
in which disbursements total $15,000,000 or more but less than 
$30,000,000; $30,000 for each quarter in which disbursements total more 
than $30,000,000. The fee shall be payable on the last day of the 
calendar month following the calendar quarter for which the fee is 
owed.''.
    (b) This section and the amendment made by this section shall take 
effect January 1, 2008, or the date of the enactment of this Act, 
whichever is later.
    Sec. 213. Notwithstanding any other provision of law, during fiscal 
year 2008, Federal reimbursement to the District of Columbia for felons 
newly sentenced by the District of Columbia Superior Court shall 
commence no later than the date of sentencing for such felons; and 
Federal reimbursement to the District of Columbia for recommitted 
District of Columbia parolees shall commence no later than the date of 
the commitment of such parolees to prison: Provided, That no more than 
$8,000,000 shall be made available for such reimbursements from funds 
made available in this Act.
    Sec. 214. Notwithstanding any other provision of law, no funds 
shall be available for the salary, benefits, or expenses of any United 
States Attorney assigned dual or additional responsibilities by the 
Attorney General or his designee that exempt that United States 
Attorney from the residency requirements of 28 U.S.C. 545.
    Sec. 215. Of the funds appropriated in this Act for the Federal 
Bureau of Investigation's Sentinel program, $25,000,000 shall not be 
available for obligation until 60 days after the Committees on 
Appropriations receive from the Federal Bureau of Investigation a 
report on the results of a completed integrated baseline review for 
that program: Provided, That the report shall be submitted 
simultaneously to the Government Accountability Office: Provided 
further, That the Government Accountability Office shall review the 
Bureau's performance measurement baseline for the Sentinel program and 
shall submit its findings to the Committees on Appropriations of the 
Senate and House of Representatives within 60 days of its receipt of 
the report.
    Sec. 216. None of the funds appropriated in this or any other Act 
shall be obligated for the initiation of a future phase or increment of 
the Federal Bureau of Investigation's Sentinel program until the 
Attorney General certifies to the Committees on Appropriations that 
existing phases or increments currently under contract for development 
or fielding have completed 70 percent of the work for that phase or 
increment under the performance measurement baseline validated by the 
integrated baseline review referred to in section 215 of this Act: 
Provided, That this restriction does not apply to planning and design 
activities for future phases or increments: Provided further, That the 
Bureau will notify the Committees of any significant changes to the 
baseline.
    Sec. 217. Notwithstanding any other provision of this title--
            (1) the amount appropriated under the heading ``justice 
        information sharing technology'' under the heading ``General 
        Administration'' under this title is reduced by $5,000,000;
            (2) the amount appropriated under the heading ``juvenile 
        justice programs'' under the heading ``Office of Justice 
        Programs'' under this title is increased by $5,000,000; and
            (3) of the amount appropriated under the heading ``juvenile 
        justice programs'' under the heading ``Office of Justice 
        Programs'' under this title, $10,000,000 is for juvenile 
        mentoring programs.
    Sec. 218. Notwithstanding any other provision of this title--
            (1) the amount appropriated in this title under the heading 
        ``General Administration'' is reduced by $10,000,000;
            (2) the amount appropriated in this title under the heading 
        ``violence against women prevention and prosecution programs'' 
        under the heading ``Office on Violence Against Women'' is 
        increased by $10,000,000; and
            (3) of the amount appropriated in this title under the 
        heading ``violence against women prevention and prosecution 
        programs'' under the heading ``Office on Violence Against 
        Women''--
                    (A) $60,000,000 is for grants to encourage arrest 
                policies, as authorized by part U of the Omnibus Crime 
                Control and Safe Streets Act of 1968 (42 U.S.C. 3796hh 
                et seq.);
                    (B) $4,000,000 is for engaging men and youth in 
                prevention programs, as authorized by section 41305 of 
                the Violence Against Women Act of 1994 (42 U.S.C. 
                14043d-4); and
                    (C) $1,000,000 is for the National Resource Center 
                on Workplace Responses to assist victims of domestic 
                violence, as authorized by section 41501 of the 
                Violence Against Women Act of 1994 (42 U.S.C. 14043f).
    Sec. 219. (a) The Attorney General shall submit quarterly reports 
to the Inspector General of the Department of Justice regarding the 
costs and contracting procedures relating to each conference held by 
the Department of Justice during fiscal year 2008 for which the cost to 
the Government was more than $20,000.
    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
            (1) a description of the subject of and number of 
        participants attending that conference;
            (2) a detailed statement of the costs to the Government 
        relating to that conference, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services; and
                    (C) a discussion of the methodology used to 
                determine which costs relate to that conference; and
            (3) a description of the contracting procedures relating to 
        that conference, including--
                    (A) whether contracts were awarded on a competitive 
                basis for that conference; and
                    (B) a discussion of any cost comparison conducted 
                by the Department of Justice in evaluating potential 
                contractors for that conference.
    Sec. 220. Limitations on Funding for Certain Conferences. 
Notwithstanding any other provision of this Act, not more than 
$15,000,000 of all funds made available to the Department of Justice 
under this Act, may be available for any expenses related to 
conferences, including for conference programs, travel costs, and 
related expenses. No funds appropriated under this Act may be used to 
support a conference sponsored by any organization named as an 
unindicted co-conspirator by the Government in any criminal 
prosecution.
    Sec. 221. Deputy United States Marshals. (a) Increase Positions.--
In each of the fiscal years 2008 through 2012, the Attorney General, 
subject to the availability of appropriations, may increase by not less 
than 50 the number of positions for full-time active duty Deputy United 
States Marshals assigned to work on immigration-related matters, 
including transporting prisoners and working in Federal courthouses.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Attorney General such sums as may be necessary for 
each of the fiscal years 2008 through 2012 to carry out subsection (a).
    Sec. 222. Annual Report on Delayed Background Checks. (a) In 
General.--Not later than 60 days after the end of each fiscal year, the 
Director of the Federal Bureau of Investigation shall submit a report 
to the congressional committees listed in subsection (b) that contains, 
with respect to the most recently completed fiscal year--
            (1) a statistical analysis of the number of background 
        checks processed and pending, including check requests in 
        process at the time of the report and check requests that have 
        been received but are not yet in process;
            (2) the average time taken to complete each type of 
        background check;
            (3) a description of the efforts and progress made by the 
        Director in addressing any delays in completing such background 
        checks; and
            (4) a description of the progress that has been made in 
        automating files used in the name check process, including 
        investigative files of the Federal Bureau of Investigation.
    (b) Recipients.--The congressional committees listed in this 
subsection are--
            (1) the Committee on the Judiciary of the Senate;
            (2) the Committee on Homeland Security and Governmental 
        Affairs of the Senate;
            (3) the Committee on the Judiciary of the House of 
        Representatives; and
            (4) the Committee on Homeland Security of the House of 
        Representatives.
    Sec. 223. Notwithstanding any other provision of law, a public or 
private institution of higher education may offer or provide an officer 
or employee of any branch of the United States Goverment or of the 
District of Columbia, who is a current or former student of such 
institution, financial assistance for the purpose of repaying a student 
loan or forbearance of student loan repayment, and an officer or 
employee of any branch of the United States Government or of the 
District of Columbia may seek or receive such assistance or 
forbearance.
    Sec. 224. Of the unobligated balances made available for the 
Department of Justice in prior fiscal years, $15,000,000 are rescinded: 
Provided, That within 30 days after the date of the enactment of this 
section the Attorney General shall submit to the Committee on 
Appropriations of the House of Representatives and the Senate a report 
specifying the amount of each rescission made pursuant to this section.
    Sec. 225. Federal Bureau of Investigation Analysis of DNA Samples. 
(a) In General.--The amount appropriated under the heading ``salaries 
and expenses '' under the heading ``Federal Bureau of Investigation'' 
under this title is increased by $23,000,000, which shall be used for 
personnel, equipment, build-out/acquisition of space, and other 
resources to be used for the analysis of DNA samples.
    (b) Reductions.--Notwithstanding any other provision of this Act, 
the amount appropriated for the Advanced Technology Program under the 
heading ``industrial technology services '' under the heading 
``National Institute of Standards and Technology'' under title I of 
this Act is reduced by $23,000,000.
    Sec. 226. The Attorney General shall make available $10,000,000 
from the Department of Justice Working Capital Fund to incrementally 
expand Operation Streamline across the entire southwest border of the 
United States, beginning with the border sector that had the highest 
rate of illegal entries during the most recent 12-month period.
    Sec. 227. Additional Prosecutors for Offenses Relating to the 
Sexual Exploitation of Children. (a) In General.--The amount 
appropriated under the heading ``salaries and expenses'' under the 
heading ``United States Attorneys'' under this title is increased by 
$30,000,000, which shall be used for salaries and expenses for hiring 
200 additional assistant United States attorneys to carry out section 
704 of the Adam Walsh Child Protection and Safety Act of 2006 (Public 
Law 109-248; 120 Stat. 649) concerning the prosecution of offenses 
relating to the sexual exploitation of children.
    (b) Reductions.--Notwithstanding any other provision of this Act, 
the amount appropriated under the heading ``Procurement, Acquisition 
and Construction'' under the heading ``National Oceanic and Atmospheric 
Administration'' under title I of this Act is reduced by $30,000,000.
    Sec. 228. Native American Methamphetamine Enforcement and Treatment 
Act of 2007. (a) Short Title.--This section may be cited as the 
``Native American Methamphetamine Enforcement and Treatment Act of 
2007''.
    (b) Native American Participation in Methamphetamine Grants.--
            (1) In general.--Section 2996(a) of the Omnibus Crime 
        Control and Safe Streets Act of 1968 (42 U.S.C. 3797cc(a)) is 
        amended--
                    (A) in paragraph (1)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, territories, and Indian 
                        tribes (as defined in section 2704)'' after 
                        ``to assist States''; and
                            (ii) in subparagraph (B), by striking ``and 
                        local'' and inserting ``, territorial, Tribal, 
                        and local'';
                    (B) in paragraph (2), by inserting ``, territories, 
                and Indian tribes'' after ``make grants to States'';
                    (C) in paragraph (3)(C), by inserting ``, Tribal,'' 
                after ``support State''; and
                    (D) by adding at the end the following:
            ``(4) Effect of subsection.--Nothing in this subsection, or 
        in the award or denial of any grant pursuant to this 
        subsection--
                    ``(A) allows grants authorized under paragraph 
                (3)(A) to be made to, or used by, an entity for law 
                enforcement activities that the entity lacks 
                jurisdiction to perform; or
                    ``(B) has any effect other than to authorize, 
                award, or deny a grant of funds to a State, territory, 
                or Indian tribe for the purpose described in this 
                subsection.''.
            (2) Grant programs for drug endangered children.--Section 
        755(a) of the USA PATRIOT Improvement and Reauthorization Act 
        of 2005 (42 U.S.C. 3797cc-2(a)) is amended by inserting ``, 
        territories, and Indian tribes (as defined in section 2704 of 
        the Omnibus Crime Control and Safe Streets Act of 1968 (42 
        U.S.C. 3797d))'' after ``make grants to States''.
            (3) Grant programs to address methamphetamine use by 
        pregnant and parenting women offenders.--Section 756 of the USA 
        PATRIOT Improvement and Reauthorization Act of 2005 (42 U.S.C. 
        3797cc-3) is amended--
                    (A) in subsection (a)(2), by inserting ``, 
                territorial, or Tribal'' after ``State'';
                    (B) in subsection (b)--
                            (i) in paragraph (1)--
                                    (I) by inserting ``, territorial, 
                                or Tribal'' after ``State''; and
                                    (II) by striking ``and/or'' and 
                                inserting ``or'';
                            (ii) in paragraph (2)--
                                    (I) by inserting ``, territory, 
                                Indian tribe,'' after ``agency of the 
                                State''; and
                                    (II) by inserting ``, territory, 
                                Indian tribe,'' after ``criminal laws 
                                of that State''; and
                            (iii) by adding at the end the following:
                    ``(C) Indian tribe.--The term `Indian tribe' has 
                the meaning given the term in section 2704 of the 
                Omnibus Crime Control and Safe Streets Act of 1968 (42 
                U.S.C. 3797d).''; and
                    (C) in subsection (c)--
                            (i) in paragraph (3), by striking ``Indian 
                        Tribes'' and inserting ``Indian tribes''; and
                            (ii) in paragraph (4)--
                                    (I) in the matter preceding 
                                subparagraph (A)--
                                            (aa) by striking 
                                        ``State's''; and
                                            (bb) by striking ``and/or'' 
                                        and inserting ``or'';
                                    (II) in subparagraph (A), by 
                                striking ``State'';
                                    (III) in subparagraph (C), by 
                                inserting ``, Indian tribes,'' after 
                                ``involved counties''; and
                                    (IV) in subparagraph (D), by 
                                inserting ``, Tribal'' after ``Federal, 
                                State''.
    This title may be cited as the ``Department of Justice 
Appropriations Act, 2008''.

                               TITLE III

                                SCIENCE

                Office of Science and Technology Policy

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

             National Aeronautics and Space Administration

                  science, aeronautics and exploration

    For necessary expenses in the conduct and support of science, 
aeronautics and exploration research and development activities, 
including research, development, operations, support and services; 
space flight, spacecraft control and communications activities 
including operations, production, and services; program management; 
personnel and related costs, including uniforms or allowances therefor, 
as authorized by 5 U.S.C. 5901-5902; travel expenses; purchase and hire 
of passenger motor vehicles; not to exceed $35,000 for official 
reception and representation expenses; and purchase, lease, charter, 
maintenance and operation of mission and administrative aircraft, 
$10,633,000,000, of which $119,100,000 shall remain available until 
expended and $10,513,900,000 shall remain available until September 30, 
2009: Provided, That, of the amounts provided under this heading, 
$5,655,110,000 shall be for science, $554,030,000 shall be for 
aeronautics research, $3,972,490,000 shall be for exploration systems, 
and $521,380,000 shall be for cross-agency support programs: Provided 
further, That the amounts in the previous proviso shall be reduced by 
$70,000,000 in corporate and general administrative expenses and the 
reduction shall be applied proportionally to each amount therein: 
Provided further, That within the amounts provided under this heading, 
management and operations of National Aeronautics and Atmospheric 
Administration centers shall not exceed $1,150,800,000; corporate 
general and administrative costs shall not exceed $345,000,000; and 
institutional investments, including planning, design, maintenance, 
repair, rehabilitation and modification of existing facilities, 
construction of new facilities, acquisition and condemnation of real 
property as authorized by law, and environmental compliance and 
restoration shall not exceed $195,500,000: Provided further, That funds 
provided under this heading shall be available only according to the 
terms and conditions specified in the committee report of the Senate 
accompanying this Act: Provided further, That of the amounts 
appropriated or otherwise made available under this heading for cross-
agency support programs, $10,000,000 may be made available, and 
distributed in equal increments, to each of NASA's 10 centers for the 
development of educational activities in science, technology, 
engineering, and mathematics related to the civilian space program of 
the United States.

                        exploration capabilities

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

                      office of inspector general

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

                            return to flight

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

                        administrative provision

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

                      National Science Foundation

                    research and related activities

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

          major research equipment and facilities construction

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

                     education and human resources

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

                 agency operations and award management

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

                  office of the national science board

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

                      office of inspector general

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

                                TITLE IV

                            RELATED AGENCIES

                       Commission on Civil Rights

                         salaries and expenses

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

                Equal Employment Opportunity Commission

                         salaries and expenses

    For necessary expenses of the Equal Employment Opportunity 
Commission as authorized by title VII of the Civil Rights Act of 1964 
(29 U.S.C. 206(d) and 621-634), the Americans with Disabilities Act of 
1990, and the Civil Rights Act of 1991, including services as 
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles as 
authorized by 31 U.S.C. 1343(b); non-monetary awards to private 
citizens; and not to exceed $37,000,000 for payments to State and local 
enforcement agencies for services to the Commission pursuant to title 
VII of the Civil Rights Act of 1964, sections 6 and 14 of the Age 
Discrimination in Employment Act, the Americans with Disabilities Act 
of 1990, and the Civil Rights Act of 1991, $378,000,000: Provided, That 
funds made available under this heading shall only be allocated in the 
manner specified in the report accompanying this Act: Provided further, 
That no funds made available under this heading may be used to operate 
the National Contact Center: Provided further, That the Commission may 
take no action to implement any workforce repositioning, restructuring, 
or reorganization until such time as the Senate Committee on 
Appropriations has been notified of such proposals, in accordance with 
the reprogramming requirements of section 505 of this Act.

                     International Trade Commission

                         salaries and expenses

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

                       Legal Services Corporation

               payment to the legal services corporation

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

          administrative provision--legal services corporation

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

                        Marine Mammal Commission

                         salaries and expenses

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

            Office of the United States Trade Representative

                         salaries and expenses

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

                        State Justice Institute

                         salaries and expenses

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

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. The Departments of Commerce and Justice, the National 
Science Foundation, and the National Aeronautics and Space 
Administration shall provide to the Senate Committee on Appropriations 
a quarterly accounting of the cumulative balances of any unobligated 
funds that were made available to any such agency in any previous 
appropriations Act.
    Sec. 502. No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 503. The expenditure of any appropriation under this Act for 
any consulting service through procurement contract, pursuant to 5 
U.S.C. 3109, shall be limited to those contracts where such 
expenditures are a matter of public record and available for public 
inspection, except where otherwise provided under existing law, or 
under existing Executive order issued pursuant to existing law.
    Sec. 504. If any provision of this Act or the application of such 
provision to any person or circumstances shall be held invalid, the 
remainder of the Act and the application of each provision to persons 
or circumstances other than those as to which it is held invalid shall 
not be affected thereby.
    Sec. 505. (a) None of the funds provided under this Act, or 
provided under previous appropriations Acts to the agencies funded by 
this Act that remain available for obligation or expenditure in fiscal 
year 2008, or provided from any accounts in the Treasury of the United 
States derived by the collection of fees available to the agencies 
funded by this Act, shall be available for obligation or expenditure 
through a reprogramming of funds that: (1) creates new programs; (2) 
eliminates a program, project, or activity; (3) increases funds or 
personnel by any means for any project or activity for which funds have 
been denied or restricted; (4) relocates an office or employees; (5) 
reorganizes or renames offices, programs, or activities; or (6) 
contracts out or privatizes any functions or activities presently 
performed by Federal employees; unless the Senate Committee on 
Appropriations is notified 15 days in advance of such reprogramming of 
funds.
    (b) None of the funds provided under this Act, or provided under 
previous appropriations Acts to the agencies funded by this Act that 
remain available for obligation or expenditure in fiscal year 2008, or 
provided from any accounts in the Treasury of the United States derived 
by the collection of fees available to the agencies funded by this Act, 
shall be available for obligation or expenditure for activities, 
programs, or projects through a reprogramming of funds in excess of 
$500,000 or 10 percent, whichever is less, that: (1) augments existing 
programs, projects, or activities; (2) reduces by 10 percent funding 
for any existing program, project, or activity, or numbers of personnel 
by 10 percent as approved by Congress; or (3) results from any general 
savings, including savings from a reduction in personnel, which would 
result in a change in existing programs, activities, or projects as 
approved by Congress; unless the Senate Committee on Appropriations is 
notified 15 days in advance of such reprogramming of funds.
    Sec. 506. Hereafter, none of the funds made available in this Act 
or any other Act may be used for the construction, repair (other than 
emergency repair), overhaul, conversion, or modernization of vessels 
for the National Oceanic and Atmospheric Administration in shipyards 
located outside of the United States.
    Sec. 507. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bearing a ``Made 
in America'' inscription, or any inscription with the same meaning, to 
any product sold in or shipped to the United States that is not made in 
the United States, the person shall be ineligible to receive any 
contract or subcontract made with funds made available in this Act, 
pursuant to the debarment, suspension, and ineligibility procedures 
described in sections 9.400 through 9.409 of title 48, Code of Federal 
Regulations.
    Sec. 508. Any costs incurred by a department or agency funded under 
this Act resulting from personnel actions taken in response to funding 
reductions included in this Act shall be absorbed within the total 
budgetary resources available to such department or agency: Provided, 
That the authority to transfer funds between appropriations accounts as 
may be necessary to carry out this section is provided in addition to 
authorities included elsewhere in this Act: Provided further, That use 
of funds to carry out this section shall be treated as a reprogramming 
of funds under section 505 of this Act and shall not be available for 
obligation or expenditure except in compliance with the procedures set 
forth in that section.
    Sec. 509. None of the funds provided by this Act shall be available 
to promote the sale or export of tobacco or tobacco products, or to 
seek the reduction or removal by any foreign country of restrictions on 
the marketing of tobacco or tobacco products, except for restrictions 
which are not applied equally to all tobacco or tobacco products of the 
same type.
    Sec. 510. None of the funds appropriated pursuant to this Act or 
any other provision of law may be used for--
            (1) the implementation of any tax or fee in connection with 
        the implementation of subsection 922(t) of title 18, United 
        States Code; and
            (2) any system to implement subsection 922(t) of title 18, 
        United States Code, that does not require and result in the 
        destruction of any identifying information submitted by or on 
        behalf of any person who has been determined not to be 
        prohibited from possessing or receiving a firearm no more than 
        24 hours after the system advises a Federal firearms licensee 
        that possession or receipt of a firearm by the prospective 
        transferee would not violate subsection (g) or (n) of section 
        922 of title 18, United States Code, or State law.
    Sec. 511. Notwithstanding any other provision of law, amounts 
deposited or available in the Fund established under 42 U.S.C. 10601 in 
any fiscal year in excess of $625,000,000 shall not be available for 
obligation until the following fiscal year.
    Sec. 512. None of the funds made available to the Department of 
Justice in this Act may be used to discriminate against or denigrate 
the religious or moral beliefs of students who participate in programs 
for which financial assistance is provided from those funds, or of the 
parents or legal guardians of such students.
    Sec. 513. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriations Act.
    Sec. 514. With the consent of the President, the Secretary of 
Commerce shall represent the United States Government in negotiating 
and monitoring international agreements regarding fisheries, marine 
mammals, or sea turtles: Provided, That the Secretary of Commerce shall 
be responsible for the development and interdepartmental coordination 
of the policies of the United States with respect to the international 
negotiations and agreements referred to in this section.
    Sec. 515. Any funds provided in this Act used to implement E-
Government Initiatives shall be subject to the procedures set forth in 
section 505 of this Act.
    Sec. 516. Accountability and Transparency of Activities Carried out 
With Funds Provided by This Act. (a) Audit Progress Reports.--The 
Inspectors General of the Department of Commerce, the Department of 
Justice, the National Aeronautics and Space Administration, and the 
National Science Foundation shall conduct audits, pursuant to the 
Inspector General Act (5 U.S.C. App.), of grants or contracts for which 
funds are appropriated by this Act, and shall submit reports to 
Congress on the progress of such audits, which may include preliminary 
findings and a description of areas of particular interest, within 180 
days after initiating such an audit and every 180 days thereafter until 
any such audit is completed.
    (b) Availability to the Public.--Within 60 days after the date on 
which an audit described in subsection (a) by an Inspector General is 
completed, the Secretary, Attorney General, Administrator, or Director, 
as appropriate, shall make the results of the audit available to the 
public on the Internet website maintained by the Department, 
Administration, or Foundation, respectively. The results shall be made 
available in redacted form to exclude--
            (1) any matter described in section 552(b) of title 5, 
        United States Code; and
            (2) sensitive personal information for any individual, the 
        public access to which could be used to commit identity theft 
        or for other inappropriate or unlawful purposes.
    (c) Prohibited Use of Funds.--A grant or contract funded by amounts 
appropriated by this Act may not be used for the purpose of defraying 
the costs of a banquet or conference that is not directly and 
programmatically related to the purpose for which the grant or contract 
was awarded, such as a banquet or conference held in connection with 
planning, training, assessment, review, or other routine purposes 
related to a project funded by the grant or contract.
    (d) Conflict of Interest Statement.--Any person awarded a grant or 
contract funded by amounts appropriated by this Act shall submit a 
statement to the Secretary of Commerce, the Attorney General, the 
Administrator, or the Director, as appropriate, certifying that no 
funds derived from the grant or contract will be made available through 
a subcontract or in any other manner to another person who has a 
financial interest in the person awarded the grant or contract.
    (e) Application to Other Federal Grants and Contracts.--The 
provisions of the preceding subsections of this section shall take 
effect 30 days after the date on which the Director of the Office and 
Management and Budget, in consultation with the Director of the Office 
of Government Ethics, determines that a uniform set of rules and 
requirements, substantially similar to the requirements in such 
subsections, consistently apply under the executive branch ethics 
program to all Federal departments, agencies, and entities.
    Sec. 517. None of the funds appropriated or otherwise made 
available under this Act may be used to issue patents on claims 
directed to or encompassing a human organism.
    Sec. 518. If at any time during any quarter, the program manager of 
a project within the jurisdiction of the Departments of Commerce or 
Justice, the National Aeronautics and Space Administration, or the 
National Science Foundation totaling more than $75,000,000 has 
reasonable cause to believe that the total program cost has increased 
by 10 percent, the program manager shall immediately inform the 
Secretary, Administrator, or Director. The Secretary, Administrator, or 
Director shall notify the Senate Committee on Appropriations within 30 
days in writing of such increase, and shall include in such notice: the 
date on which such determination was made; a statement of the reasons 
for such increases; the action taken and proposed to be taken to 
control future cost growth of the project; changes made in the 
performance or schedule milestones and the degree to which such changes 
have contributed to the increase in total program costs or procurement 
costs; new estimates of the total project or procurement costs; and a 
statement validating that the project's management structure is 
adequate to control total project or procurement costs.
    Sec. 519. None of the funds made available in this Act shall be 
used in any way whatsoever to support or justify the use of torture by 
any official or contract employee of the United States Government.
    Sec. 520. Notwithstanding section 505 of this Act, no funds shall 
be reprogrammed within or transferred between appropriations after June 
30, except in extraordinary circumstances.
    Sec. 521. Funds appropriated by this Act, or made available by the 
transfer of funds in this Act, for intelligence or intelligence related 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2008 until the enactment of the Intelligence 
Authorization Act for Fiscal Year 2008.
    Sec. 522. The Offices of Inspectors General funded under this Act 
shall forward copies of all audit reports to the Senate Committee on 
Appropriations immediately after they are issued and immediately make 
the Committee aware of any review that recommends cancellation of, or 
modification to, any major acquisition project or grant, or that 
recommends significant budgetary savings: Provided, That the Offices of 
Inspectors General funded under this Act shall withhold from public 
distribution for a period of 15 days any final audit or investigation 
report that was requested by the Senate Committee on Appropriations.
    Sec. 523. Hereafter, none of the funds made available by the 
Congress may be used to implement, administer, or enforce any 
guidelines of the Equal Employment Opportunity Commission covering 
harassment based on religion, when it is made known to the Federal 
entity or official to which such funds are made available that such 
guidelines do not differ in any respect from the proposed guidelines 
published by the Commission on October 1, 1993 (58 Fed. Reg. 51266).
    Sec. 524. None of the funds in this Act or prior Acts making 
appropriations for the Department of Justice may be used to make a 
grant allocation, a discretionary grant award, or a discretionary 
contract award that is specified in the report accompanying this Act, 
or to publicly announce the intention to make such an award, unless the 
Attorney General, Secretary, Administrator or Director of the 
appropriate agency or bureau notifies the Senate Committee on 
Appropriations, at least three full business days in advance: Provided, 
That no notification shall involve funds that are not available for 
obligation.
    Sec. 525. None of the funds provided in this Act may be used to 
implement an involuntary reduction in force at any NASA center during 
fiscal year 2008.
    Sec. 526. (a) Modification of Enhanced-Use Lease Authority for 
NASA.--Subsection (a) of section 315 of the National Aeronautics and 
Space Administration Act of 1958 (42 U.S.C. 2459j) is amended--
            (1) by striking ``Notwithstanding any other provision of 
        law, the Administrator'' and inserting ``The Administrator''; 
        and
            (2) by striking ``any real property'' and inserting ``any 
        non-excess real property and related personal property''; and
            (3) by striking ``at no more than two (2) National 
        Aeronautics and Space Administration (NASA) centers''.
    (b) Consideration.--Subsection (b) of such section is amended--
            (1) in paragraph (1), by striking ``consideration'' and all 
        that follows through the end of the paragraph and inserting 
        ``cash consideration for the lease at fair market value as 
        determined by the Administrator.'';
            (2) by striking paragraph (2);
            (3) by redesignating paragraph (3) as paragraph (2); and
            (4) in paragraph (2), as redesignated by paragraph (3) of 
        this subsection--
                    (A) in subparagraph (B), by striking 
                ``maintenance'' and all that follows through ``centers 
                selected for this demonstration program'' and inserting 
                ``capital revitalization and construction projects and 
                improvements of real property assets and related 
                personal property under the jurisdiction of the 
                Administrator''; and
                    (B) by adding at the end the following new 
                subparagraph:
            ``(C) Amounts utilized under subparagraph (B) may not be 
        utilized for daily operating costs.''.
    (c) Lease Restrictions.--Subsection (e) of such section is 
amended--
            (1) by striking ``Lease Restrictions.--NASA'' and inserting 
        the following: ``Lease Restrictions.--
            ``(1) NASA''; and
            (2) by adding at the end the following new paragraph:
            ``(2) NASA is not authorized to enter into an out-lease 
        under this section unless the Administrator certifies that such 
        out-lease will not have a negative impact on NASA's mission.''.
    (d) Repeal of Plan and Reporting Requirements.--Such section is 
further amended by striking subsection (f).
    (e) Sunset.--Such section is further amended by adding at the end 
the following new subsection (f):
    ``(f) Sunset.--The authority to enter into leases under this 
section shall expire on the date that is ten years after the date of 
the enactment of the Commerce, Justice, Science, and Related Agencies 
Appropriations Act of 2008. The expiration under this subsection of 
authority to enter into leases under this section shall not affect the 
validity or term of leases or NASA's retention of proceeds from leases 
entered into under this section before the date of the expiration of 
such authority.''.
    (f) Conforming Amendment.--The heading of such section is amended 
by striking ``Enhanced-use lease of real property demonstration'' and 
inserting ``Lease of non-excess property''.
    Sec. 527. Limitation. (a) In General.--None of the funds made 
available in this Act shall be used to initiate or participate in a 
civil action by or on the behalf of the Equal Employment Opportunity 
Commission against an entity on the grounds that the entity requires an 
employee to speak English while engaged in work.
    (b) Effective Date.--Subsection (a) shall apply with respect to all 
civil actions that commence on or after the date of enactment of this 
Act.
    Sec. 528. Funds for Teach for America.--Of the funds provided in 
this Act for the National Aeronautics and Space Administration, under 
the heading ``science, aeronautics, and exploration'', $3,000,000 may 
be for Teach for America for science, technology, engineering, and 
mathematics related activities.
    Sec. 529. Not later than 30 days after the date of enactment of 
this Act, the Departments, agencies, and commissions funded under this 
Act, shall establish and maintain on the homepages of their Internet 
websites--
            (1) a direct link to the Internet websites of their Offices 
        of Inspectors General; and
            (2) a mechanism on the Offices of Inspectors General 
        website by which individuals may anonymously report cases of 
        waste, fraud, or abuse with respect to those Departments, 
        agencies, and commissions.
    Sec. 530. None of the funds appropriated or otherwise made 
available by this Act may be used to enter into a contract in an amount 
greater than $5,000,000 or to award a grant in excess of such amount 
unless the prospective contractor or grantee certifies in writing to 
the agency awarding the contract or grant that, to the best of its 
knowledge and belief, the contractor or grantee has filed all Federal 
tax returns required during the three years preceding the 
certification, has not been convicted of a criminal offense under the 
Internal Revenue Code of 1986, and has not, more than 90 days prior to 
certification, been notified of any unpaid Federal tax assessment for 
which the liability remains unsatisfied, unless the assessment is the 
subject of an installment agreement or offer in compromise that has 
been approved by the Internal Revenue Service and is not in default, or 
the assessment is the subject of a non-frivolous administrative or 
judicial proceeding.
    Sec. 531. Digital and Wireless Networks for Higher Education Pilot 
Program. (a) Short Title.--This section may be cited as the ``ED 1.0 
Act''.
    (b) Appropriations.--Notwithstanding any other provision of this 
Act, from the amount appropriated under title I under the heading 
``Technology Opportunities Program'', $4,500,000 may be available for 
the pilot program under this section, to remain available until 
expended.
    (c) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the National Telecommunications and 
        Information Administration.
            (2) Eligible educational institution.--The term ``eligible 
        educational institution'' means an institution that is--
                    (A) a historically Black college or university;
                    (B) a Hispanic-serving institution as that term is 
                defined in section 502(a)(5) of the Higher Education 
                Act of 1965 (20 U.S.C. 1101a(a)(5));
                    (C) a tribally controlled college or university as 
                that term is defined in section 2(a)(4) of the Tribally 
                Controlled College or University Assistance Act of 1978 
                (25 U.S.C. 1801(a)(4));
                    (D) an Alaska Native-serving institution as that 
                term is defined in section 317(b)(2) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b)(2)); or
                    (E) a Native Hawaiian-serving institution as that 
                term is defined in section 317(b)(4) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b)(4)).
            (3) Historically black college or university.--The term 
        ``historically Black college or university'' means a part B 
        institution as that term is defined in section 322(2) of the 
        Higher Education Act of 1965 (20 U.S.C. 1061(2)).
    (d) Minority Online Degree Pilot Program.--
            (1) Pilot program established.--
                    (A) In general.--There is established within the 
                National Telecommunications and Information 
                Administration a pilot program under which the 
                Administrator shall award 9 grants to eligible 
                educational institutions to enable the eligible 
                educational institutions to develop digital and 
                wireless networks for online educational programs of 
                study within the eligible educational institutions. The 
                Administrator shall award not less than 1 grant to each 
                type of eligible educational institution, enumerated 
                under subsection (c)(2).
                    (B) Grant number and amount.--
                            (i) Number.--The Administrator shall award 
                        a total of 9 grants under this subsection.
                            (ii) Grant payment amounts.--The 
                        Administrator shall make grant payments under 
                        this subsection in the amount of $500,000.
            (2) Priority.--
                    (A) In general.--In awarding grants under this 
                subsection the Administrator shall give priority to an 
                eligible educational institution that, according to the 
                most recent data available (including data available 
                from the Bureau of the Census), serves a county, or 
                other appropriate political subdivision where no 
                counties exist--
                            (i) in which 50 percent of the residents of 
                        the county, or other appropriate political 
                        subdivision where no counties exist, are 
                        members of a racial or ethnic minority;
                            (ii) in which less than 18 percent of the 
                        residents of the county, or other appropriate 
                        political subdivision where no counties exist, 
                        have obtained a baccalaureate degree or a 
                        higher education;
                            (iii) that has an unemployment rate of 7 
                        percent or greater;
                            (iv) in which 20 percent or more of the 
                        residents of the county, or other appropriate 
                        political subdivision where no counties exist, 
                        live in poverty;
                            (v) that has a negative population growth 
                        rate; or
                            (vi) that has a family income of not more 
                        than $32,000.
                    (B) Highest priority.--In awarding grants under 
                this subsection the Administrator shall give the 
                highest priority to an eligible educational institution 
                that meets the greatest number of requirements 
                described in clauses (i) through (vi) of subparagraph 
                (A).
            (3) Use of funds.--An eligible educational institution 
        receiving a grant under this subsection may use the grant 
        funds--
                    (A) to acquire equipment, instrumentation, 
                networking capability, hardware, software, digital 
                network technology, wireless technology, or wireless 
                infrastructure;
                    (B) to develop and provide educational services, 
                including faculty development; or
                    (C) to develop strategic plans for information 
                technology investments.
            (4) Matching not required.--The Administrator shall not 
        require an eligible educational institution to provide matching 
        funds for a grant awarded under this subsection.
            (5) Consultations; report.--
                    (A) Consultations.--The Administrator shall consult 
                with the Committee on Appropriations and the Committee 
                on Commerce, Science, and Transportation of the Senate 
                and the Committee on Appropriations and the Committee 
                on Energy and Commerce of the House of Representatives, 
                on a quarterly basis regarding the pilot program 
                assisted under this subsection.
                    (B) Report.--Not later than 1 year after the date 
                of enactment of this section, the Administrator shall 
                submit to the committees described in subparagraph (A) 
                a report evaluating the progress of the pilot program 
                assisted under this subsection.
            (6) Limitation on use of other funds.--The Administrator 
        shall carry out this subsection only with amounts appropriated 
        in advance specifically to carry out this subsection.
    Sec. 532. (a) The Administrator of the National Aeronautics and 
Space Administration shall submit quarterly reports to the Inspector 
General of the National Aeronautics and Space Administration regarding 
the costs and contracting procedures relating to each conference or 
meeting, held by the National Aeronautics and Space Administration 
during fiscal year 2008, and each year thereafter, for which the cost 
to the Government was more than $20,000.
    (b) Each report submitted under subsection (a) shall include, for 
each conference described in that subsection held during the applicable 
quarter--
            (1) a description of the number of and purpose of 
        participants attending that conference or meeting;
            (2) a detailed statement of the costs to the Government 
        relating to that conference or meeting, including--
                    (A) the cost of any food or beverages;
                    (B) the cost of any audio-visual services;
                    (C) the cost of all related travel; and
                    (D) a discussion of the methodology used to 
                determine which costs relate to that conference or 
                meeting; and
            (3) a description of the contracting procedures relating to 
        that conference or meeting, including--
                    (A) whether contracts were awarded on a competitive 
                basis; and
                    (B) a discussion of any cost comparison conducted 
                by the National Aeronautics and Space Administration in 
                evaluating potential contractors for any conference or 
                meeting.
    Sec. 533. Limitation and Reports on Travel Expenses to Conferences. 
(a) In this section, the term conference means a meeting that--
            (1) is held for consultation, education, awareness, or 
        discussion;
            (2) includes participants who are not all employees of the 
        same agency;
            (3) is not held entirely at an agency facility;
            (4) involves costs associated with travel and lodging for 
        some participants; and
            (5) is sponsored by 1 or more agencies, 1 or more 
        organizations that are not agencies, or a combination of such 
        agencies or organizations.
    (b) The Administrator of NASA shall, not later than September 30, 
2008, submit to the appropriate committees of Congress and post on the 
public Internet website of the agency in a searchable, electronic 
format, a report on each conference for which the agency paid travel 
expenses during fiscal year 2008 that includes--
            (1) the itemized expenses paid by the agency, including 
        travel expenses and any agency expenditure to otherwise support 
        the conference;
            (2) the primary sponsor of the conference;
            (3) the location of the conference;
            (4) in the case of a conference for which the agency was 
        the primary sponsor, a statement that--
                    (A) justifies the location selected;
                    (B) demonstrates the cost efficiency of the 
                location;
                    (C) the date of the conference;
                    (D) a brief explanation how the conference advanced 
                the mission of the agency; and
                    (E) the total number of individuals who travel or 
                attendance at the conference was paid for in part or 
                full by the agency.
    Sec. 534. None of the funds appropriated or otherwise made 
available in this Act may be used in a manner that is inconsistent with 
the principal negotiating objective of the United States with respect 
to trade remedy laws to preserve the ability of the United States--
            (1) to enforce vigorously its trade laws, including 
        antidumping, countervailing duty, and safeguard laws;
            (2) to avoid agreements that--
                    (A) lessen the effectiveness of domestic and 
                international disciplines on unfair trade, especially 
                dumping and subsidies; or
                    (B) lessen the effectiveness of domestic and 
                international safeguard provisions, in order to ensure 
                that United States workers, agricultural producers, and 
                firms can compete fully on fair terms and enjoy the 
                benefits of reciprocal trade concessions; and
            (3) to address and remedy market distortions that lead to 
        dumping and subsidization, including overcapacity, 
        cartelization, and market-access barriers.
    Sec. 535. None of the funds appropriated or otherwise made 
available by this Act may be made available for a public-private 
competition conducted under Office of Management and Budget Circular A-
76 or to convert a function performed by Federal employees to private 
sector performance without such a competition unless a representative 
designated by a majority of the employees engaged in the performance of 
the activity or function for which the public-private competition is 
conducted or which is to be converted without such a competition is 
treated as an interested party with respect to such competition or 
decision to convert to private sector performance for purposes of 
subchapter V of chapter 35 of title 31, United States Code.
    Sec. 536. None of the funds made available under this Act may be 
used to circumvent any statutory or administrative formula-driven or 
competitive awarding process to award funds to a project in response to 
a request from a Member of Congress (or any employee of a Member or 
committee of Congress), unless the specific project has been disclosed 
in accordance with the rules of the Senate or House of Representatives, 
as applicable.
    Sec. 537. None of the funds made available under this Act may be 
used to purchase first class or premium airline travel that would not 
be consistent with sections 301-10.123 and 301-10.124 of title 41 of 
the Code of Federal Regulations.
    Sec. 538. Section 2301 of the Implementing Recommendations of the 
9/11 Commission Act of 2007 (47 U.S.C. 901 note) is amended by striking 
``the `Improving Emergency Communications Act of 2007'.'' and inserting 
``the `911 Modernization Act'.''.
    Sec. 539. Section 504(a)(11)(E) of the Omnibus Consolidated 
Rescissions and Appropriations Act of 1996 (Public Law 104-134; 110 
Stat. 1321-55) is amended by inserting before ``an alien'' the 
following: ``a nonimmigrant worker admitted to, or permitted to remain 
in, the United States under section 101(a)(15)(H)(ii)(b) of the 
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(b)) for 
forestry labor or''.
    Sec. 540. Small and Seasonal Businesses. (a) In General.--Section 
214(g)(9)(A) of the Immigration and Nationality Act (8 U.S.C. 
1184(g)(9)(A)) is amended by striking ``an alien who has already been 
counted toward the numerical limitation of paragraph (1)(B) during 
fiscal year 2004, 2005, or 2006 shall not again be counted toward such 
limitation during fiscal year 2007.'' and inserting ``an alien who has 
been present in the United States as an H-2B nonimmigrant during any 1 
of the 3 fiscal years immediately preceding the fiscal year of the 
approved start date of a petition for a nonimmigrant worker described 
in section 101(a)(15)(H)(ii)(b) shall not be counted toward such 
limitation for the fiscal year in which the petition is approved.''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
effective during the 1-year period beginning October 1, 2007.

                                TITLE VI

                              RESCISSIONS

                         DEPARTMENT OF COMMERCE

             National Institute of Standards and Technology

                     industrial technology services

                              (rescission)

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

                         DEPARTMENT OF JUSTICE

                         General Administration

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

                          working capital fund

                              (rescission)

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

                           detention trustee

                              (rescission)

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

                            Legal Activities

                         assets forfeiture fund

                              (rescission)

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

                       Office of Justice Programs

                           justice assistance

                              (rescission)

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

                  community oriented policing services

                              (rescission)

    Of the unobligated balances available under this heading, 
$37,500,000 are rescinded.

                         TITLE VII--RESTITUTION

SEC. 701. SHORT TITLE.

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

                 Subtitle A--Collection of Restitution

SEC. 721. SHORT TITLE.

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

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

    Section 3664(f) of title 18, United States Code, is amended by 
striking paragraphs (2) through (4) and inserting the following:
    ``(C)(i) Each restitution order shall--
            ``(I) contain information sufficient to identify each 
        victim to whom restitution is owed;
            ``(II) require that a copy of the court order be sent to 
        each such victim; and
            ``(III) inform each such victim of the obligation to notify 
        the appropriate entities of any change in address.
    ``(ii) It shall be the responsibility of each victim to whom 
restitution is owed to notify the Attorney General, or the appropriate 
entity of the court, by means of a form to be provided by the Attorney 
General or the court, of any change in the victim's mailing address 
while restitution is still owed to the victim.
    ``(iii) The confidentiality of any information relating to a victim 
under this subparagraph shall be maintained.
    ``(2) The court shall order that the restitution imposed is due in 
full immediately upon imposition.
    ``(3) The court shall direct the defendant--
            ``(A) to make a good-faith effort to satisfy the 
        restitution order in the shortest time in which full 
        restitution can be reasonably made, and to refrain from taking 
        any action that conceals or dissipates the defendant's assets 
        or income;
            ``(B) to notify the court of any change in residence; and
            ``(C) to notify the United States Attorney for the district 
        in which the defendant was sentenced of any change in 
        residence, and of any material change in economic circumstances 
        that might affect the defendant's ability to pay restitution.
    ``(4) Compliance with all payment directions imposed under 
paragraphs (6) and (7) shall be prima facie evidence of a good faith 
effort under paragraph (3)(A), unless it is shown that the defendant 
has concealed or dissipated assets.
    ``(5) Notwithstanding any other provision of law, for the purpose 
of enforcing a restitution order, a United States Attorney may receive, 
without the need for a court order, any financial information 
concerning the defendant obtained by the grand jury that indicted the 
defendant for the crime for which restitution has been awarded, the 
United States Probation Office, or the Bureau of Prisons. A victim may 
also provide financial information concerning the defendant to the 
United States Attorney.
    ``(6)(A) At sentencing, or at any time prior to the termination of 
a restitution obligation under section 3613 of this title, the court 
may--
            ``(i) impose special payment directions upon the defendant 
        or modify such directions; or
            ``(ii) direct the defendant to make a single, lump sum 
        payment, partial payments at specified intervals, in-kind 
        payments, or a combination of payments at specified intervals 
        and in-kind payments.
    ``(B) The period of time over which scheduled payments are 
established for purposes of this paragraph shall be the shortest time 
in which full payment reasonably can be made.
    ``(C) In-kind payments may be in the form of the return of 
property, replacement of property, or, if the victim agrees, services 
rendered to the victim or a person or organization other than the 
victim.
    ``(D) In ordering restitution, the court may direct the defendant 
to--
            ``(i) repatriate any property that constitutes proceeds of 
        the offense of conviction, or property traceable to such 
        proceeds; and
            ``(ii) surrender to the United States, or to the victim 
        named in the restitution order, any interest of the defendant 
        in any nonexempt asset.
    ``(E) The court may enter a restraining order or injunction, 
require the execution of a satisfactory performance bond, or take any 
other action to preserve the availability of property for restitution.
    ``(7)(A) In determining whether to impose or modify specific 
payment directions, the court may consider--
            ``(i) the need to provide restitution to the victims of the 
        offense;
            ``(ii) the financial ability of the defendant;
            ``(iii) the economic circumstances of the defendant, 
        including the financial resources and other assets of the 
        defendant and whether any of those assets are jointly 
        controlled;
            ``(iv) the projected earnings and other income of the 
        defendant;
            ``(v) any financial obligations of the defendant, including 
        obligations to dependents;
            ``(vi) whether the defendant has concealed or dissipated 
        assets or income; and
            ``(vii) any other appropriate circumstances.
    ``(B) Any substantial resources from any source, including 
inheritance, settlement, or other judgment, shall be applied to any 
outstanding restitution obligation.
    ``(8)(A) If the court finds that the economic circumstances of the 
defendant do not allow the payment of any substantial amount as 
restitution, the court may direct the defendant to make nominal 
payments of not less than $100 per year toward the restitution 
obligation.
    ``(B) Any money received from the defendant under subparagraph (A) 
shall be disbursed so that any outstanding assessment imposed under 
section 3013 is paid first in full.
    ``(9) Court-imposed special payment directions shall not limit the 
ability of the Attorney General to maintain an Inmate Financial 
Responsibility Program that encourages sentenced inmates to meet their 
legitimate financial obligations.
    ``(10)(A) The ability of the Attorney General to enforce 
restitution obligations ordered under paragraph (2) shall not be 
limited by appeal, or the possibility of a correction, modification, 
amendment, adjustment, or reimposition of a sentence, unless the court 
expressly so orders for good cause shown and stated on the record.
    ``(B) Absent exceptional circumstances, as determined by the court, 
an order limiting the enforcement of restitution obligations shall--
            ``(i) require the defendant to deposit, in the registry of 
        the district court, any amount of the restitution that is due;
            ``(ii) require the defendant to post a bond or other 
        security to ensure payment of the restitution that is due; or
            ``(iii) impose additional restraints upon the defendant to 
        prevent the defendant from transferring or dissipating assets.
    ``(C) No order described in subparagraph (B) shall restrain the 
ability of the United States to continue its investigation of the 
defendant's financial circumstances, conduct discovery, record a lien, 
or seek any injunction or other relief from the court.''.

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

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

SEC. 724. COLLECTION OF UNPAID FINES OR RESTITUTION.

    Section 3612(b) of title 18, United States Code, is amended to read 
as follows:
    ``(b) Information To Be Included in Judgment; Judgment To Be 
Transmitted to the Attorney General.--
            ``(1) In general.--A judgment or order imposing, modifying, 
        or remitting a fine or restitution order of more than $100 
        shall include--
                    ``(A) the name, social security account number, 
                mailing address, and residence address of the 
                defendant;
                    ``(B) the docket number of the case;
                    ``(C) the original amount of the fine or 
                restitution order and the amount that is due and 
                unpaid;
                    ``(D) payment orders and directions imposed under 
                section 3572(d) and section 3664(f) of this title; and
                    ``(E) a description of any modification or 
                remission.
            ``(2) Transmittal of copies.--Not later than 10 days after 
        entry of the judgment or order described in paragraph (1), the 
        court shall transmit a certified copy of the judgment or order 
        to the Attorney General.''.

SEC. 725. ATTORNEY'S FEES FOR VICTIMS.

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

           Subtitle B--Preservation of Assets for Restitution

SEC. 741. SHORT TITLE.

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

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

    (a) In General.--Chapter 232 of title 18, United States Code, is 
amended by inserting after section 3664 the following:
``Sec. 3664A. Preservation of assets for restitution
    ``(a) Protective Orders To Preserve Assets.--
            ``(1) In general.--Upon the Government's ex parte 
        application and a finding of probable cause to believe that a 
        defendant, if convicted, will be ordered to satisfy an order of 
        restitution for an offense punishable by imprisonment for more 
        than 1 year, the court--
                    ``(A) shall--
                            ``(i) enter a restraining order or 
                        injunction;
                            ``(ii) require the execution of a 
                        satisfactory performance bond; or
                            ``(iii) take any other action necessary to 
                        preserve the availability of any property 
                        traceable to the commission of the offense 
                        charged; and
                    ``(B) if it determines that it is in the interests 
                of justice to do so, shall issue any order necessary to 
                preserve any nonexempt asset (as defined in section 
                3613) of the defendant that may be used to satisfy such 
                restitution order.
            ``(2) Procedures.--Applications and orders issued under 
        paragraph (1) shall be governed by the procedures under section 
        413(e) of the Controlled Substances Act (21 U.S.C. 853(e)) and 
        in this section.
            ``(3) Monetary instruments.--If the property in question is 
        a monetary instrument (as defined in section 1956(c)(5)) or 
        funds in electronic form, the protective order issued under 
        paragraph (1) may take the form of a warrant authorizing the 
        Government to seize the property and to deposit it into an 
        interest-bearing account in the Registry of the Court in the 
        district in which the warrant was issued, or into another such 
        account maintained by a substitute property custodian, as the 
        court may direct.
            ``(4) Post-indictment.--A post-indictment protective order 
        entered under paragraph (1) shall remain in effect through the 
        conclusion of the criminal case, including sentencing and any 
        post-sentencing proceedings, until seizure or other disposition 
        of the subject property, unless modified by the court upon a 
        motion by the Government or under subsection (b) or (c).
    ``(b) Defendant's Right to a Hearing.--
            ``(1) In general.--In the case of a preindictment 
        protective order entered under subsection (a)(1), the 
        defendant's right to a post-restraint hearing shall be governed 
        by paragraphs (1)(B) and (2) of section 413(e) of the 
        Controlled Substances Act (21 U.S.C. 853(e)).
            ``(2) Post-indictment.--In the case of a post-indictment 
        protective order entered under subsection (a)(1), the defendant 
        shall have a right to a post-restraint hearing regarding the 
        continuation or modification of the order if the defendant--
                    ``(A) establishes by a preponderance of the 
                evidence that there are no assets, other than the 
                restrained property, available to the defendant to 
                retain counsel in the criminal case or to provide for a 
                reasonable living allowance for the necessary expenses 
                of the defendant and the defendant's lawful dependents; 
                and
                    ``(B) makes a prima facie showing that there is 
                bona fide reason to believe that the court's ex parte 
                finding of probable cause under subsection (a)(1) was 
                in error.
            ``(3) Hearing.--
                    ``(A) In general.--If the court determines that the 
                defendant has satisfied the requirements of paragraph 
                (2), it may hold a hearing to determine whether there 
                is probable cause to believe that the defendant, if 
                convicted, will be ordered to satisfy an order of 
                restitution for an offense punishable by imprisonment 
                for more than 1 year, and that the seized or restrained 
                property may be needed to satisfy such restitution 
                order.
                    ``(B) Probable cause.--If the court finds probable 
                cause under subparagraph (A), the protective order 
                shall remain in effect.
                    ``(C) No probable cause.--If the court finds under 
                subparagraph (A) that no probable cause exists as to 
                some or all of the property, or determines that more 
                property has been seized and restrained than may be 
                needed to satisfy a restitution order, it shall modify 
                the protective order to the extent necessary to release 
                the property that should not have been restrained.
            ``(4) Rebuttal.--If the court conducts an evidentiary 
        hearing under paragraph (3), the court shall afford the 
        Government an opportunity to present rebuttal evidence and to 
        cross-examine any witness that the defendant may present.
            ``(5) Pretrial hearing.--In any pretrial hearing on a 
        protective order issued under subsection (a)(1), the court may 
        not entertain challenges to the grand jury's finding of 
        probable cause regarding the criminal offense giving rise to a 
        potential restitution order. The court shall ensure that such 
        hearings are not used to obtain disclosure of evidence or the 
        identities of witnesses earlier than required by the Federal 
        Rules of Criminal Procedure or other applicable law.
    ``(c) Third Party's Right to Post-Restraint Hearing.--
            ``(1) In general.--A person other than the defendant who 
        has a legal interest in property affected by a protective order 
        issued under subsection (a)(1) may move to modify the order on 
        the grounds that--
                    ``(A) the order causes an immediate and irreparable 
                hardship to the moving party; and
                    ``(B) less intrusive means exist to preserve the 
                property for the purpose of restitution.
            ``(2) Modification.--If, after considering any rebuttal 
        evidence offered by the Government, the court determines that 
        the moving party has made the showings required under paragraph 
        (1), the court shall modify the order to mitigate the hardship, 
        to the extent that it is possible to do so while preserving the 
        asset for restitution.
            ``(3) Intervention.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) or paragraph (1), a person other than 
                a defendant has no right to intervene in the criminal 
                case to object to the entry of any order issued under 
                this section or otherwise to object to an order 
                directing a defendant to pay restitution.
                    ``(B) Exception.--If, at the conclusion of the 
                criminal case, the court orders the defendant to use 
                particular assets to satisfy an order of restitution 
                (including assets that have been seized or restrained 
                pursuant to this section) the court shall give persons 
                other than the defendant the opportunity to object to 
                the order on the ground that the property belonged in 
                whole or in part to the third party and not to the 
                defendant, as provided in section 413(n) of the 
                Controlled Substances Act (21 U.S.C. 853(n)).
    ``(d) Geographic Scope of Order.--
            ``(1) In general.--A district court of the United States 
        shall have jurisdiction to enter an order under this section 
        without regard to the location of the property subject to the 
        order.
            ``(2) Outside the united states.--If the property subject 
        to an order issued under this section is located outside of the 
        United States, the order may be transmitted to the central 
        authority of any foreign state for service in accordance with 
        any treaty or other international agreement.
    ``(e) No Effect on Other Government Action.--Nothing in this 
section shall be construed to preclude the Government from seeking the 
seizure, restraint, or forfeiture of assets under the asset forfeiture 
laws of the United States.
    ``(f) Limitation on Rights Conferred.--Nothing in this section 
shall be construed to create any enforceable right to have the 
Government seek the seizure or restraint of property for restitution.
    ``(g) Receivers.--
            ``(1) In general.--A court issuing an order under this 
        section may appoint a receiver under section 1956(b)(4) to 
        collect, marshal, and take custody, control, and possession of 
        all assets of the defendant, wherever located, that have been 
        restrained in accordance with this section.
            ``(2) Distribution of property.--The receiver shall have 
        the power to distribute property in its control to each victim 
        identified in an order of restitution at such time, and in such 
        manner, as the court may authorize.''.
    (b) Conforming Amendment.--The section analysis for chapter 232 of 
title 18, United States Code, is amended by inserting after the item 
relating to section 3664 the following:

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

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

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

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

    (a) Process.--Section 3004(b)(2) of title 28, United States Code, 
is amended by inserting after ``in which the debtor resides.'' the 
following: ``In a criminal case, the district court for the district in 
which the defendant was sentenced may deny the request.''.
    (b) Prejudgment Remedies.--Section 3101 of title 28, United States 
Code, is amended--
            (1) in subsection (a)(1) by inserting after ``the filing of 
        a civil action on a claim for a debt'' the following: ``or in 
        any criminal action where the court may enter an order of 
        restitution''; and
            (2) in subsection (d)--
                    (A) by inserting after ``The Government wants to 
                make sure [name of debtor] will pay if the court 
                determines that this money is owed.''' the following:
    ```In a criminal action, use the following opening paragraph: You 
are hereby notified that this [property] is being taken by the United 
States Government [the Government], which says that [name of debtor], 
if convicted, may owe as restitution $ [amount]. The Government says it 
must take this property at this time because [recite the pertinent 
ground or grounds from section 3101(b)]. The Government wants to make 
sure [name of debtor] will pay if the court determines that restitution 
is owed.''';
    (B) by inserting after ``a statement that different property may be 
so exempted with respect to the State in which the debtor resides.]''' 
the following:
    ```[In a criminal action, the statement summarizing the types of 
property that may be exempt shall list only those types of property 
that may be exempt under section 3613 of title 18.]'''; and
    (C) by inserting after ``You must also send a copy of your request 
to the Government at [address], so the Government will know you want 
the proceeding to be transferred.''' the following:
    ```If this Notice is issued in conjunction with a criminal case, 
the district court where the criminal action is pending may deny your 
request for a transfer of this proceeding.'''.
    (c) Enforcement.--Section 3202(b) of title 28, United States Code, 
is amended--
            (1) by inserting after ``a statement that different 
        property may be so exempted with respect to the State in which 
        the debtor resides.]''' the following:
    ```[In a criminal action, the statement summarizing the types of 
property that may be exempt shall list only those types of property 
that may be exempt under section 3613 of title 18.]'''; and
            (2) by inserting after ``you want the proceeding to be 
        transferred.''' the following:
    ```If this notice is issued in conjunction with a criminal case, 
the district court where the criminal action is pending may deny your 
request for a transfer of this proceeding.'''.
    This Act may be cited as the ``Departments of Commerce and Justice, 
Science, and Related Agencies Appropriations Act, 2008''.

            Attest:

                                                             Secretary.
110th CONGRESS

  1st Session

                               H. R. 3093

_______________________________________________________________________

                               AMENDMENT