[Congressional Record Volume 153, Number 155 (Monday, October 15, 2007)]
[Senate]
[Pages S12875-S12884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

                                 ______
                                 
  SA 3270. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On 88, line 1, strike ``$625,000,000'' and all that follows 
     through line 2 and insert the following: ``$645,000,000 shall 
     not be available for obligation until the following fiscal 
     year and, notwithstanding any other provision of this Act, 
     the amount appropriated to the State Criminal Alien 
     Assistance Program is reduced by $20,000,000.''
                                 ______
                                 
  SA 3271. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 30 line 4 strike the ``.'' and insert ``: Provided, 
     That within 200 days of enactment of this Act, the Inspector 
     General shall conduct an audit and issue a report to the 
     Committees on Appropriations of all expenses of the 
     legislative and public affairs offices at each location of 
     the Justice Department, it's bureaus and agencies, including 
     but not limited to every field office and headquarters 
     component; the audit shall include any and all expenses 
     related to these activities.''
                                 ______
                                 
  SA 3272. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 18 line 13 strike the ``.'' and insert the 
     following:
       ``: Provided, That of the amounts provided to the Secretary 
     within this account, $10,000,000 shall not become available 
     for obligation until the Secretary certifies to the 
     Committees on Appropriations that the Bureau of the Census 
     has followed, and met all best practices, and all Office of 
     Management and Budget guidelines related to information 
     technology projects: Provided further, That the Secretary, 
     within 120 days of enactment of this Act, shall provide a 
     report to the Committees on Appropriations that audits and 
     evaluates all decision documents and expenditures by the 
     Bureau of the Census as they relate to the 2010 Census: 
     Provided further, That the Secretary, within 120 days of the 
     enactment of this Act, shall provide a report to Congress 
     that is publicly available on the Bureau's website on the 
     steps that the Census Bureau will take to allow citizens the 
     opportunity to complete the decennial census and the American 
     Community Survey over the Internet.''
                                 ______
                                 
  SA 3273. Mr. SHELBY submitted an amendment intended to be proposed by

[[Page S12876]]

him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 69 line 13 after the second ``.'' strike all 
     through page 70 line 10 and insert:
       ``Of the funds appropriated in this Act for the Federal 
     Bureau of Investigation's Sentinel program, $25,000,000 shall 
     not be available for obligation until 60 days after the 
     Committees on Appropriations receive from the Federal Bureau 
     of Investigation a report on the results of a completed 
     integrated baseline review for that program: Provided, That 
     the report shall be submitted simultaneously to the 
     Government Accountability Office: Provided further, That the 
     Government Accountability Office shall review the Bureau's 
     performance measurement baseline for the Sentinel program and 
     shall submit its findings to the Committees on Appropriations 
     of the Senate and House of Representatives within 60 days of 
     its receipt of the report.
       Sec. 216. None of the funds appropriated in this or any 
     other Act shall be obligated for the initiation of a future 
     phase or increment of the Federal Bureau of Investigation's 
     Sentinel program until the Attorney General certifies to the 
     Committees on Appropriations that existing phases or 
     increments currently under contract for development or 
     fielding have completed 70 percent of the work for that phase 
     or increment under the performance measurement baseline 
     validated by the integrated baseline review referred to in 
     Sec. 215 of this Act: Provided, That this restriction does 
     not apply to planning and design activities for future phases 
     or increments: Provided further, That the Bureau will notify 
     the Committees of any significant changes to the baseline.''
                                 ______
                                 
  SA 3274. Ms. CANTWELL (for herself, Mr. Smith, and Ms. Collins) 
submitted an amendment intended to be proposed by her to the bill H.R. 
3093, making appropriations for the Departments of Commerce and 
Justice, and Science, and Related Agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 70, between lines 10 and 11, insert the following:
       Sec. 217. (a) In addition to any other amounts otherwise 
     appropriated to the Attorney General under this Act, there is 
     appropriated to the Attorney General, $500,000, to conduct a 
     study, in conjunction with other Federal agencies, on--
       (1) the connection between methamphetamine crimes and 
     identity theft crimes, and assess the degree of correlation 
     between such crimes;
       (2) how individuals who use methamphetamine and commit 
     identity theft crimes typically obtain the information of the 
     victim of such crimes;
       (3) how individuals who use methamphetamine and commit 
     identity theft crimes misuse the information of the victims 
     of such crimes;
       (4) the possible linkages between the sale and distribution 
     of methamphetamine, gang activity, and gang-related crimes, 
     including whether there is an increase in gang-related crime 
     with respect to identity theft;
       (5) the needs of Federal, State, local, and tribal law 
     enforcement to pursue and prosecute methamphetamine crimes 
     related to identity theft and whether any changes are needed 
     to Federal law;
       (6) the advisability of imposing a sentencing enhancement--
       (A) if a person commits both a methamphetamine crime and an 
     identity theft crime; and
       (B) if a person is part of a conspiracy to commit 
     methamphetamine and identity theft crimes; and
       (7) the advisability of establishing a password-protected 
     electronic clearinghouse within the Department of Justice for 
     Federal, State, and local law enforcement agencies to--
       (A) share information on crimes involving both 
     methamphetamine and the commission of identity theft;
       (B) create a better understanding of the correlation 
     between such crimes; and
       (C) share best practices.
       (b) Not later than 12 months after the date of the 
     enactment of this Act, the Attorney General shall submit a 
     report to Congress describing the findings of the study 
     conducted under (a).
       (c) Notwithstanding any other provision of this Act, the 
     amount rescinded for the Working Capital Fund of the 
     Department of Justice under the heading ``general 
     administration'' under the subheading ``Working Capital Fund 
     (Rescission)'' under title VI of this Act is increased by 
     $500,000.
                                 ______
                                 
  SA 3275. Mr. LEVIN submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS.

       (a) In General.--Not later than 60 days after the end of 
     each fiscal year, the Director of the Federal Bureau of 
     Investigation shall submit a report to the congressional 
     committees listed in subsection (b) that contains, with 
     respect to the most recently completed fiscal year--
       (1) a statistical analysis of the number of background 
     checks processed and pending, including check requests in 
     process at the time of the report and check requests that 
     have been received but are not yet in process;
       (2) the average time taken to complete each type of 
     background check;
       (3) a description of the efforts and progress made by the 
     Director in addressing any delays in completing such 
     background checks; and
       (4) a description of the progress that has been made in 
     automating files used in the name check process, including 
     investigative files of the Federal Bureau of Investigation.
       (b) Recipients.--The congressional committees listed in 
     this subsection are--
       (1) the Committee on the Judiciary of the Senate;
       (2) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (3) the Committee on the Judiciary of the House of 
     Representatives; and
       (4) the Committee on Homeland Security of the House of 
     Representatives.
                                 ______
                                 
  SA 3276. Mr. DORGAN (for himself, Mr. Grassley, and Mr. Durbin) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3093, making appropriations for the Departments of Commerce and 
Justice, and Science, and Related Agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 98, between lines 18 and 19, insert the following:

                         TITLE VII--RESTITUTION

     SEC. 701. SHORT TITLE.

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

                 Subtitle A--Collection of Restitution

     SEC. 721. SHORT TITLE.

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

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

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

[[Page S12877]]

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

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

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

     SEC. 724. COLLECTION OF UNPAID FINES OR RESTITUTION.

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

[[Page S12878]]

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

     SEC. 725. ATTORNEY'S FEES FOR VICTIMS.

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

           Subtitle B--Preservation of Assets for Restitution

     SEC. 741. SHORT TITLE.

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

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

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

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

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

[[Page S12879]]

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

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

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

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

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

       (a) Process.--Section 3004(b)(2) of title 28, United States 
     Code, is amended by inserting after ``in which the debtor 
     resides.'' the following: ``In a criminal case, the district 
     court for the district in which the defendant was sentenced 
     may deny the request.''.
       (b) Prejudgment Remedies.--Section 3101 of title 28, United 
     States Code, is amended--
       (1) in subsection (a)(1) by inserting after ``the filing of 
     a civil action on a claim for a debt'' the following: ``or in 
     any criminal action where the court may enter an order of 
     restitution''; and
       (2) in subsection (d)--
       (A) by inserting after ``The Government wants to make sure 
     [name of debtor] will pay if the court determines that this 
     money is owed.' '' the following:
       `` `In a criminal action, use the following opening 
     paragraph: You are hereby notified that this [property] is 
     being taken by the United States Government [the Government], 
     which says that [name of debtor], if convicted, may owe as 
     restitution $ [amount]. The Government says it must take this 
     property at this time because [recite the pertinent ground or 
     grounds from section 3101(b)]. The Government wants to make 
     sure [name of debtor] will pay if the court determines that 
     restitution is owed.' '';
       (B) by inserting after ``a statement that different 
     property may be so exempted with respect to the State in 
     which the debtor resides.]' '' the following:
       `` `[In a criminal action, the statement summarizing the 
     types of property that may be exempt shall list only those 
     types of property that may be exempt under section 3613 of 
     title 18.]' ''; and
       (C) by inserting after ``You must also send a copy of your 
     request to the Government at [address], so the Government 
     will know you want the proceeding to be transferred.' '' the 
     following:
       `` `If this Notice is issued in conjunction with a criminal 
     case, the district court where the criminal action is pending 
     may deny your request for a transfer of this proceeding.' ''.
       (c) Enforcement.--Section 3202(b) of title 28, United 
     States Code, is amended--
       (1) by inserting after ``a statement that different 
     property may be so exempted with respect to the State in 
     which the debtor resides.]' '' the following:
       `` `[In a criminal action, the statement summarizing the 
     types of property that may be exempt shall list only those 
     types of property that may be exempt under section 3613 of 
     title 18.]' ''; and
       (2) by inserting after ``you want the proceeding to be 
     transferred.' '' the following:
       `` `If this notice is issued in conjunction with a criminal 
     case, the district court where the criminal action is pending 
     may deny your request for a transfer of this proceeding.' ''.
                                 ______
                                 
  SA 3277. Mr. VITTER (for himself, Mr. Sessions, and Mr. DeMint) 
submitted an amendment intended to be proposed by him to the bill H.R. 
3093, making appropriations for the Departments of Commerce and 
Justice, and Science, and Related Agencies for the fiscal year ending 
September 30, 2008, and for other purposes; as follows:

       On page 70, between lines 10 and 11, insert the following:
       Sec. 217.  None of the amounts made available in this title 
     under the heading ``community oriented policing services'' 
     may be used in contravention of section 642(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1373(a)).
                                 ______
                                 
  SA 3278. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ------. Section 2301 of the Implementing 
     Recommendations of the 9/11 Commission Act of 2007 (47 U.S.C. 
     901 note) is amended by striking ``the `Improving Emergency 
     Communications Act of 2007'.'' and inserting ``the `911 
     Modernization Act'.''.
                                 ______
                                 
  SA 3279. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

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

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

       (a) In General.--The amount appropriated under the heading 
     ``salaries and expenses '' under the heading ``Federal Bureau 
     of Investigation'' under this title is increased by 
     $23,000,000, which shall be used for personnel, equipment, 
     build-out/acquisition of space, and other resources to be 
     used for the analysis of DNA samples.
       (b) Reductions.--Notwithstanding any other provision of 
     this Act, the amount appropriated for the Advanced Technology 
     Program under the heading ``industrial technology services '' 
     under the heading ``National Institute of Standards and 
     Technology'' under title I of this Act is reduced by 
     $23,000,000.
                                 ______
                                 
  SA 3280. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       In the appropriate place, insert the following:

     SEC. __. VISAS FOR HIGH ACHIEVING FOREIGN STUDENTS.

       In General.--For each fiscal year beginning after the date 
     of the enactment of this Act, 25,000 of the immigrant visas 
     allocated under section 203 (c) of the Immigration and 
     Nationality Act for Diversity Immigrants shall be made 
     available to aliens seeking immigrant visas who:
       (1) are otherwise admissible under the INA;
       (2) achieve the highest scores on the Scholastic Aptitude 
     Test or the American College Testing placement exam 
     administered in that fiscal year; and
       (3) take the exams described in (2) above in the English 
     language.
                                 ______
                                 
  SA 3281. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 32, line 13, strike ``$1,747,822,000: Provided,'' 
     and insert ``$2,247,822,000: Provided, That of the total 
     amount appropriated, $500,000,000 shall be used by the 
     agencies involved in Operation Streamline to incrementally 
     expand this program across the entire southwest border of the 
     United States, beginning with the border sector that had the 
     highest rate of illegal entries during the most recent 12-
     month period: Provided further, That the amount provided to 
     expand Operation Streamline is designated as an emergency 
     requirement pursuant to section 204 of S. Con. Res. 21 (110th 
     Congress): Provided further,''.
                                 ______
                                 
  SA 3282. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 32, line 13, strike ``$1,747,822,000: Provided,'' 
     and insert ``$2,247,822,000: Provided, That of the total 
     amount appropriated,

[[Page S12880]]

     $500,000,000 shall be used by the agencies involved in 
     Operation Streamline to incrementally expand this program 
     across the entire southwest border of the United States, 
     beginning with the border sector that had the highest rate of 
     illegal entries during the most recent 12-month period: 
     Provided further,''.
                                 ______
                                 
  SA 3283. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 70, between lines 10 and 11, insert the following:
       Sec. 217.  The Attorney General shall make available 
     $10,000,000 from the Department of Justice Working Capital 
     Fund to incrementally expand Operation Streamline across the 
     entire southwest border of the United States, beginning with 
     the border sector that had the highest rate of illegal 
     entries during the most recent 12-month period.
                                 ______
                                 
  SA 3284. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 53, line 11, insert ``, and of which $10,000,000 
     shall be used to incrementally expand Operation Streamline 
     across the entire southwest border of the United States, 
     beginning with the border sector that had the highest rate of 
     illegal entries during the most recent 12-month period'' 
     before the semicolon.
                                 ______
                                 
  SA 3285. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       Insert in the appropriate place:
       (a) Findings.--The Senate finds the following:
       (1) The Census, taken every ten years since 1790, is 
     necessary for determining Congressional representation, 
     Electoral College votes, and government program funding;
       (2) The United States Census Bureau is required to count 
     citizens and non-citizens alike;
       (3) The data provided by the United States Census Bureau is 
     essential to understanding population trends and providing 
     the federal government and the Congress with important 
     information related to public policy debates, including 
     information on the number of undocumented persons living in 
     the United States; however, the collection of this 
     information is not more important than the full and effective 
     enforcement of our immigration laws;
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the administration of the 2010 Census by the United 
     States Census Bureau should not reduce the ability of the 
     Department of Homeland Security to effectively enforce the 
     immigration laws of the United States, and that the 
     Immigration and Customs Enforcement Bureau of the Department 
     of Homeland Security should continue aggressive enforcement 
     of federal immigration laws during the administration of the 
     census.
                                 ______
                                 
  SA 3286. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 97, between lines 6 and 7, insert the following:
       Sec. 528.  None of the funds made available under this Act 
     may be used to circumvent any statutory or administrative 
     formula-driven or competitive awarding process to award funds 
     to a project in response to a request from a Member of 
     Congress (or any employee of a Member or committee of 
     Congress), unless the specific project has been disclosed in 
     accordance with the rules of the Senate or House of 
     Representatives, as applicable.
                                 ______
                                 
  SA 3287. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 70, between lines 10 and 11, insert the following:
       Sec. 217. (a) None of the amounts made available in this 
     title under the heading ``community oriented policing 
     services'' may be used in a subdivision of a State if such 
     subdivision does not comply with section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)).
       (b) Any amount that is not available for a subdivision of a 
     State under the limitation set out in subsection (a) shall be 
     made available to the government of that State for community 
     oriented policing services.
                                 ______
                                 
  SA 3288. Mr. SHELBY submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       After the period on page 97 line 9, insert the following:
       Sec. xx. (a) The Administrator of the National Aeronautics 
     and Space Administration shall submit quarterly reports to 
     the Inspector General of the National Aeronautics and Space 
     Administration regarding the costs and contracting procedures 
     relating to each conference or meeting, held by the National 
     Aeronautics and Space Administration during fiscal year 2008, 
     and each year thereafter, for which the cost to the 
     Government was more than $20,000.
       (b) Each report submitted under subsection (a) shall 
     include, for each conference described in that subsection 
     held during the applicable quarter--
       (1) a description of the number of and purpose of 
     participants attending that conference or meeting;
       (2) a detailed statement of the costs to the Government 
     relating to that conference or meeting, including--
       (A) the cost of any food or beverages;
       (B) the cost of any audio-visual services;
       (C) the cost of all related travel; and
       (D) a discussion of the methodology used to determine which 
     costs relate to that conference or meeting; and
       (3) a description of the contracting procedures relating to 
     that conference or meeting, including--
       (A) whether contracts were awarded on a competitive basis; 
     and
       (B) a discussion of any cost comparison conducted by the 
     National Aeronautics and Space Administration in evaluating 
     potential contractors for any conference or meeting.
                                 ______
                                 
  SA 3289. Mr. DeMINT submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table, as follows:

       On page 97, between lines 9 and 10, insert the following:
       Sec. 528.  None of the funds made available under this Act 
     may be used to purchase first class or premium airline travel 
     that would not be consistent with sections 301-10.123 and 
     301-10.124 of title 41 of the Code of Federal Regulations.
                                 ______
                                 
  SA 3290. Mr. SMITH submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table, as follows:

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

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

       (a) In General.--The amount appropriated under the heading 
     ``salaries and expenses'' under the heading ``General 
     Administration'' under this title is increased by 
     $30,000,000, which shall be used for salaries and expenses 
     for hiring 200 additional assistant United States attorneys 
     to carry out section 704 of the Adam Walsh Child Protection 
     and Safety Act of 2006 (Public Law 109-248; 120 Stat. 649) 
     concerning the prosecution of offenses relating to the sexual 
     exploitation of children.
       (b) Reductions.--Notwithstanding any other provision of 
     this Act, the amount appropriated for the Advanced Technology 
     Program under the heading ``industrial technology services '' 
     under the heading ``National Institute of Standards and 
     Technology'' under title I of this Act is reduced by 
     $30,000,000.
                                 ______
                                 
  SA 3291. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table, as follows:

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

     SEC. 528. SOUTHWEST BORDER PROSECUTOR INITIATIVE.

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

[[Page S12881]]

     Border Prosecutor Initiative in title II under the heading 
     ``State and local law enforcement assistance'', there is 
     appropriated, out of any money in the Treasury not otherwise 
     appropriated, for the fiscal year ending September 30, 2008, 
     $20,000,000 for the Southwest Border Prosecutor Initiative to 
     reimburse State, county, parish, tribal, or municipal 
     governments only for costs associated with the prosecution of 
     criminal cases declined by local United States Attorneys 
     offices.
       (b) Offset.--The amount appropriated for the Advanced 
     Technology Program of the National Institute of Standards and 
     Technology in title I under the heading ``State and local law 
     enforcement assistance'' is reduced by $20,000,000.
                                 ______
                                 
  SA 3292. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table, as follows:

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

     SEC. 528. SOUTHWEST BORDER PROSECUTOR INITIATIVE.

       (a) In General.--There is appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2008, $50,000,000 for the Southwest 
     Border Prosecutor Initiative to reimburse State, county, 
     parish, tribal, or municipal governments only for costs 
     associated with the prosecution of criminal cases declined by 
     local United States Attorneys offices.
       (b) Offset.--The amount appropriated for the Advanced 
     Technology Program of the National Institute of Standards and 
     Technology in title I under the heading ``State and local law 
     enforcement assistance'' is reduced by $50,000,000.
                                 ______
                                 
  SA 3293. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table, as follows:

       On page 26, after line 24, insert the following:
       Sec. 114.  Section 3009(a) of the Deficit Reduction Act of 
     2005 (Public Law 109-171; 120 Stat. 26) is amended--
       (1) in the first sentence, by striking ``fiscal year 2009'' 
     and inserting ``fiscal years 2009 through 2012''; and
       (2) in the second sentence, by striking ``October 1, 2010'' 
     and inserting ``February 18, 2009''.
                                 ______
                                 
  SA 3294. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 33, line 26, strike the period and insert ``: 
     Provided further, That an additional $7,845,000 shall be 
     available to carry out the Adam Walsh Child Protection and 
     Safety Act of 2006 offset by a reduction in the amount 
     available for the Advanced Technology Program under the 
     heading `Industrial Technology Services' in title I of 
     $7,845,000.''.
                                 ______
                                 
  SA 3295. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 53, line 11, strike the semicolon and insert ``:  
     Provided, That an additional $150,000,000 shall be available 
     for such program offset by a reduction in the amount under 
     the heading `National Aeronautics and Space Administration'  
     `science, aeronautics and exploration' in title III of 
     $150,000,000;''.
                                 ______
                                 
  SA 3296. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 528. INCREASE IN FUNDING FOR THE NATIONAL INSTITUTE OF 
                   STANDARDS AND TECHNOLOGY.

       (a) Increase in Funding.--The amount appropriated or 
     otherwise made available under title I under the heading 
     ``National Institute of Standards and Technology'' is hereby 
     increased by $100,000,000 for scientific and technical 
     research and services.
       (b) Decrease in Funding.--The amount appropriated or 
     otherwise made available under title I for necessary expenses 
     of the Advanced Technology Program is hereby decreased by 
     $100,000,000.
                                 ______
                                 
  SA 3297. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

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

     SEC. 528. LIMITATION ON EMERGENCY DESIGNATION.

       None of the funds appropriated or otherwise made available 
     in this Act to carry out return to flight activities 
     associated with the space shuttle may be designated as an 
     emergency requirement or necessary to meet emergency needs 
     pursuant to subsections (a) and (b) of section 204 of S. Con. 
     Res. 21 (110th Congress).
                                 ______
                                 
  SA 3298. Mr. KERRY (for himself and Mr. Graham) submitted an 
amendment intended to be proposed by him to the bill H.R. 3093, making 
appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 51, line 15, insert ``: Provided further, That of 
     the amount appropriated under this heading, $2,000,000, may 
     be made available for salaries and expenses for the Sex 
     Offender Sentencing, Monitoring, Apprehending, Registering, 
     and Tracking Office'' before the period.
                                 ______
                                 
  SA 3299. Mr. KERRY (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill H.R. 3093, making 
appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 45, line 11, after ``other custodial facilities'' 
     insert the following: ``: Provided further, That the Director 
     of the Federal Prison System may use amounts made available 
     under this heading to carry out a pilot program for children 
     (not older than 36 months of age) of nonviolent female 
     offenders, under which such children will be housed, fed, and 
     cared for in Federal correctional facilities housing women 
     (including such a facility in which Federal prisoners are 
     housed under a contract with the Government) and participate 
     in programs specifically designed to benefit mother and 
     child''.
                                 ______
                                 
  SA 3300. Mrs. McCASKILL (for herself, Mr. Domenici, and Mr. Inouye) 
submitted an amendment intended to be proposed by her to the bill H.R. 
3093, making appropriations for the Departments of Commerce and 
Justice, and Science, and Related Agencies for the fiscal year ending 
September 30, 2008, and for other purposes; which was ordered to lie on 
the table; as follows:

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

     SEC. 114. DTV CONSUMER EDUCATION.

       (a) In General.--The amount appropriated under the heading 
     ``public telecommunications facilities, planning and 
     construction'' under this title is increased by $10,000,000, 
     which shall be used for competitive grants to public 
     television broadcast stations, or a consortium of such 
     entities, to assist such stations in conducting consumer 
     education efforts concerning the transition from analog to 
     digital television: Provided, That the Secretary of Commerce 
     shall award such grants not later than 90 days after the date 
     of enactment of this Act: Provided further, That such grants 
     shall not be subject to the requirements of section 392(b) of 
     the Communications Act of 1934: Provided further, That 
     receipt of any grant amounts for consumer education efforts 
     shall in no way prohibit or affect the eligibility of such 
     public televison broadcast stations from receiving funds for 
     any other grant amounts for construction and planning as 
     authorized under section 391 of such Act.
       (b) Offset.--The amount made available under each account 
     in this title for the Department of Commerce for 
     administrative travel expenses, supplies, and printing 
     expenses shall be reduced on a pro rata basis, so that the 
     total of the reductions equals $10,000,000.
                                 ______
                                 
  SA 3301. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:


[[Page S12882]]


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

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

       (a) Findings.--The Senate finds the following:
       (1) Article I of the United States Constitution requires 
     the taking of a census that counts all persons in the United 
     States.
       (2) The census, taken every 10 years since 1790, is 
     necessary for determining Congressional representation, 
     Electoral College votes, and Government program funding.
       (3) The data provided by the United States Bureau of the 
     Census is essential to understanding population trends and 
     providing the Federal Government and Congress with important 
     information related to public policy debates.
       (4) According to the Brookings Institution, the Federal 
     Government disburses $323,000,000,000 through 100 Federal 
     programs to State and local governments based on data 
     provided by the census.
       (5) Congress has historically provided increased funding 
     resources to the United States Bureau of the Census in years 
     prior to each decennial census to allow the Bureau to 
     adequately prepare for the taking of the census.
       (6) Public Law 110-92, the continuing resolution, which 
     held funding increases for the census at previous fiscal year 
     levels, jeopardizes the ability of the United States Bureau 
     of the Census to prepare for the 2010 census.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that during the 2010 Census, all Federal agencies should 
     cooperate with the United States Bureau of the Census in a 
     manner consistent with the constitutional requirement to 
     count all persons in the United States, and that Congress 
     should provide adequate funding resources to the United 
     States Bureau of the Census to achieve an accurate census.
                                 ______
                                 
  SA 3302. Mrs. CLINTON submitted an amendment intended to be proposed 
by her to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

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

     SEC. 528. ITC REPORT.

       (a) In General.--Not later than 2 years after the date of 
     the enactment of this Act, 5 years after the date of the 
     enactment of this Act, and every 5 years thereafter, the 
     International Trade Commission shall submit a report to 
     Congress on each free trade agreement in force with respect 
     to the United States. The report shall, with respect to each 
     free trade agreement, contain an analysis and assessment of 
     the analysis and predictions made by the International Trade 
     Commission, the United States Trade Representative, and other 
     Federal agencies, before implementation of the agreement and 
     actual results of the agreement on the United States economy.
       (b) Contents of Report.--Each report required by subsection 
     (a) shall contain the following:
       (1) With respect to the United States and each country that 
     is a party to a free trade agreement, an assessment and 
     quantitative analysis of how each agreement--
       (A) is fostering economic growth;
       (B) is improving living standards;
       (C) is helping create jobs; and
       (D) is reducing or eliminating barriers to trade and 
     investment.
       (2) An assessment and quantitative analysis of how each 
     agreement is meeting the specific objectives and goals set 
     out in connection with the implementation of that agreement, 
     the impact of the agreement on the United States economy as a 
     whole, and on specific industry sectors, including the impact 
     the agreement is having on--
       (A) the gross domestic product;
       (B) exports and imports;
       (C) aggregate employment, and competitive positions of 
     industries;
       (D) United States consumers; and
       (E) the overall competitiveness of the United States.
       (3) An assessment and quantitative analysis of how each 
     agreement is meeting the goals and objectives for the 
     agreement on a sector-by-sector basis, including--
       (A) trade in goods;
       (B) customs matters, rules or origin, and enforcement 
     cooperation;
       (C) sanitary and phytosanitary measures;
       (D) intellectual property rights;
       (E) trade in services;
       (F) electronic commerce;
       (G) government procurement;
       (H) transparency, anti-corruption; and regulatory reform; 
     and
       (I) any other issues with respect to which the 
     International Trade Commission submitted a report under 
     section 2104(f) of the Bipartisan Trade Promotion Authority 
     Act of 2002.
       (4) A summary of how each country that is a party to an 
     agreement has changed its labor and environmental laws since 
     entry into force of the agreement.
       (5) An analysis of whether the agreement is making progress 
     in achieving the applicable purposes, policies, priorities, 
     and objectives of the Bipartisan Trade Promotion Authority 
     Act of 2002.
                                 ______
                                 
  SA 3303. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 82 line 2 strike ``2006 and 2007'' and 
     insert ``2007 and 2008''.
                                 ______
                                 
  SA 3304. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 16, line 11, strike the period at the end and 
     insert ``: Provided further, That of the funds provided under 
     this heading, $2,000,000 is made available for the Office of 
     Response and Restoration for the Damage Assessment 
     Restoration Revolving Fund for sampling, analysis, and clean-
     up related to the disposal of obsolete vessels owned or 
     operated by the Federal Government in Suisun Bay, 
     California.''.
                                 ______
                                 
  SA 3305. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 81 line 5 strike ``373,000'' and insert 
     ``370,800''.
                                 ______
                                 
  SA 3306. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 81 line 7 strike ``3,200'' and insert 
     ``3,100''.
                                 ______
                                 
  SA 3307. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 81 line 9 strike ``13,800'' and insert 
     ``13,100''.
                                 ______
                                 
  SA 3308. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 32, line 14, strike ``$8,000,000'' and insert 
     ``$8,000''.
                                 ______
                                 
  SA 3309. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; as 
follows:

       On page 72, line 14, before the period insert the 
     following: ``: Provided further, That of the amounts 
     appropriated or otherwise made available under this heading 
     for cross-agency support programs, $10,000,000 shall be made 
     available, and distributed in equal increments, to each of 
     NASA's 10 centers for the development of educational 
     activities in science, technology, engineering, and 
     mathematics related to the civilian space program of the 
     United States''.
                                 ______
                                 
  SA 3310. Ms. MIKULSKI (for herself and Ms. Collins) submitted an 
amendment intended to be proposed by her to the bill H.R. 3093, making 
appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2008, and for other purposes; as follows:

       At the end of title V, add the following:
       Sec. 528.  None of the funds appropriated or otherwise made 
     available by this Act may be made available for a public-
     private competition conducted under Office of Management and 
     Budget Circular A-76 or to convert a function performed by 
     Federal employees to private sector performance without such 
     a competition unless a representative designated by a 
     majority of the employees engaged in the performance of the 
     activity or function for which the public-private competition 
     is conducted or which is to be converted without such a 
     competition is treated as an interested party with respect to 
     such competition or decision to convert to private

[[Page S12883]]

     sector performance for purposes of subchapter V of chapter 35 
     of title 31, United States Code.
                                 ______
                                 
  SA 3311. Ms. MIKULSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 3093, making appropriations for the Departments 
of Commerce and Justice, and Science, and Related Agencies for the 
fiscal year ending September 30, 2008, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. SMALL AND SEASONAL BUSINESSES.

       (a) In General.--Section 214(g)(9)(A) of the Immigration 
     and Nationality Act (8 U.S.C. 1184(g)(9)(A)) is amended by 
     striking ``an alien who has already been counted toward the 
     numerical limitation of paragraph (1)(B) during fiscal year 
     2004, 2005, or 2006 shall not again be counted toward such 
     limitation during fiscal year 2007.'' and inserting ``an 
     alien who has been present in the United States as an H-2B 
     nonimmigrant during any 1 of the 3 fiscal years immediately 
     preceding the fiscal year of the approved start date of a 
     petition for a nonimmigrant worker described in section 
     101(a)(15)(H)(ii)(b) shall not be counted toward such 
     limitation for the fiscal year in which the petition is 
     approved.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective during the 1-year period beginning October 
     1, 2007.
                                 ______
                                 
  SA 3312. Mr. STEVENS (for himself and Mr. Inouye) submitted an 
amendment intended to be proposed by him to the bill H.R. 3093, making 
appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

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

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

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

       ``(a) In General.--The Secretary may--
       ``(1) develop, maintain, and make public a list of vessels 
     and vessel owners engaged in illegal, unreported, or 
     unregulated fishing, including vessels or vessel owners 
     identified by an international fishery management 
     organization, whether or not the United States is a party to 
     the agreement establishing such organization; and
       ``(2) take appropriate action against listed vessels and 
     vessel owners, including action against fish, fish parts, or 
     fish products from such vessels, in accordance with 
     applicable United States law and consistent with applicable 
     international law, including principles, rights, and 
     obligations established in applicable international fishery 
     management and trade agreements.
       ``(b) Restrictions on Port Access or Use.--Action taken by 
     the Secretary under subsection (a)(2) that include measures 
     to restrict use of or access to ports or port services shall 
     apply to all ports of the United States and its territories.
       ``(c) Regulations.--The Secretary may promulgate 
     regulations to implement this section.''.
                                 ______
                                 
  SA 3313. Mrs. DOLE submitted an amendment intended to be proposed by 
her to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table, as follows:

       On page 53, line 11, insert ``, and of which not less than 
     $75,000,000 shall be used by United States Immigration and 
     Customs Enforcement for activities that support State and 
     local law enforcement agencies in their efforts to assist the 
     Federal Government's enforcement of immigration laws'' before 
     the semicolon at the end.
                                 ______
                                 
  SA 3314. Mr. SUNUNU (for himself, Ms. Snowe, and Mr. Gregg) submitted 
an amendment intended to be proposed by him to the bill H.R. 3093, 
making appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table, as 
follows:

       On page 16, line 11, strike the period at the end and 
     insert ``:  Provided further, That of the funds provided, not 
     less than $15,000,000 shall be available to carry out 
     activities under section 315 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (8 U.S.C. 1864).''.
                                 ______
                                 
  SA 3315. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table, as follows:

       On page 70, between lines 10 and 11, insert the following:
       Sec. 217. (a) Notwithstanding any other provision of this 
     Act, the amount appropriated under the heading ``united 
     states attorneys salaries and expenses'' under the heading 
     ``Legal Activities'' under this title is increased by 
     $40,000,000, which shall be used for the prosecution of 
     crimes described in section 1152 or 1153 of title 18, United 
     States Code.
       (b) Notwithstanding any other provision of this Act, the 
     amount appropriated under the heading ``payment to the legal 
     services corporation'' under the heading ``Legal Services 
     Corporation'' under title IV is reduced by $40,000,000.
                                 ______
                                 
  SA 3316. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 70, between lines 10 and 11, insert the following:
       Sec. 217. (a) Notwithstanding any other provision of this 
     Act, the amount appropriated under the heading ``united 
     states attorneys salaries and expenses'' under the heading 
     ``Legal Activities'' under this title is increased by 
     $20,000,000, which shall be used for the prosecution of 
     crimes described in section 1152 or 1153 of title 18, United 
     States Code.
       (b) Notwithstanding any other provision of this Act, each 
     amount made available under this Act, except for the amount 
     under the heading ``United States Attorneys Salaries And 
     Expenses'' under the heading ``Legal Activities'' shall be 
     reduced on a pro rata basis by the appropriate percentage to 
     reach $20,000,000.
                                 ______
                                 
  SA 3317. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       On page 70, between lines 10 and 11, insert the following:
       Sec. 217. (a) Notwithstanding any other provision of this 
     Act, the amount appropriated under the heading ``united 
     states attorneys salaries and expenses'' under the heading 
     ``Legal Activities'' under this title is increased by 
     $20,000,000, which shall be used for the prosecution of 
     crimes described in section 1152 or 1153 of title 18, United 
     States Code.
       (b) Notwithstanding any other provision of this Act, the 
     amount appropriated under the heading ``payment to the legal 
     services corporation'' under the heading ``Legal Services 
     Corporation'' under title IV is reduced by $20,000,000.
                                 ______
                                 
  SA 3318. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill H.R. 3093, making appropriations for the Departments of 
Commerce and Justice, and Science, and Related Agencies for the fiscal 
year ending September 30, 2008, and for other purposes; as follows:

       At the appropriate place, insert the following:

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

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

[[Page S12884]]

       (C) the date of the conference;
       (D) a brief explanation how the conference advanced the 
     mission of the agency; and
       (E) the total number of individuals whose travel or 
     attendance at the conference was paid for in part or full by 
     the agency.
                                 ______
                                 
  SA 3319. Ms. CANTWELL submitted an amendment intended to be proposed 
to amendment SA 3274 submitted by Ms. Cantwell (for herself, Mr. Smith, 
and Ms. Collins) and intended to be proposed to the bill H.R. 3093, 
making appropriations for the Departments of Commerce and Justice, and 
Science, and Related Agencies for the fiscal year ending September 30, 
2008, and for other purposes; which was ordered to lie on the table, as 
follows:

       On page 1, line 7 of the amendment, after ``agencies'' 
     insert ``and the United States Sentencing Commission''.

                          ____________________