[Congressional Record Volume 153, Number 158 (Thursday, October 18, 2007)]
[Senate]
[Pages S13112-S13130]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




DEPARTMENTS OF COMMERCE AND JUSTICE, AND SCIENCE, AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 2008

  On Tuesday, October 16, 2007, the Senate passed H.R. 3093, as 
amended, as follows:

                               H.R. 3093

       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

[[Page S13113]]

     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

[[Page S13114]]

     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.

[[Page S13115]]

  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 Papanaumokuakea 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

[[Page S13116]]

       (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

[[Page S13117]]

     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

[[Page S13118]]

     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

[[Page S13119]]

     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

[[Page S13120]]

     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

[[Page S13121]]

     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.

[[Page S13122]]

       (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

[[Page S13123]]

     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

[[Page S13124]]

     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

[[Page S13125]]

     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.''.

[[Page S13126]]

       (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;

[[Page S13127]]

       (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.

[[Page S13128]]

       ``(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);

[[Page S13129]]

       (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.

[[Page S13130]]

       ``(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''.

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