    [Congressional Bills 110th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 2764 Engrossed Amendment House (EAH)]

                    In the House of Representatives, U. S.,

                                                         December 17, 2007.

        Resolved, That the House agree to the amendment of the Senate to the bill
    (H.R. 2764) entitled ``An Act making appropriations for the Department of State,
    foreign operations, and related programs for the fiscal year ending September
    30, 2008, and for other purposes'', with the following

                     HOUSE AMENDMENTS TO SENATE AMENDMENT:

     (1)Page 1 of the Senate engrossed amendment, strike line 1 and all that follows
    through the end of line 2 on page 227, and insert the following:

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Consolidated Appropriations Act, 2008''.

    SEC. 2. TABLE OF CONTENTS.

        The table of contents of this Act is as follows:

    Sec. 1. Short title.
    Sec. 2. Table of contents.
    Sec. 3. References.
    Sec. 4. Explanatory statement.
    Sec. 5. Emergency designations.
    Sec. 6. Statement of appropriations.

           DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
         ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008

    Title I--Agricultural Programs
    Title II--Conservation Programs
    Title III--Rural Development Programs
    Title IV--Domestic Food Programs
    Title V--Foreign Assistance and Related Programs
    Title VI--Related Agencies and Food and Drug Administration
    Title VII--General Provisions

         DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2008

    Title I--Department of Commerce
    Title II--Department of Justice
    Title III--Science
    Title IV--Related Agencies
    Title V--General Provisions
    Title VI--Rescissions

         DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2008

    Title I--Department of Defense--Civil: Department of the Army
    Title II--Department of the Interior
    Title III--Department of Energy
    Title IV--Independent Agencies
    Title V--General Provisions

     DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
                                   ACT, 2008

    Title I--Department of the Treasury
    Title II--Executive Office of the President and Funds Appropriated to
                                the President
    Title III--The Judiciary
    Title IV--District of Columbia
    Title V--Independent Agencies
    Title VI--General Provisions--This Act
    Title VII--General Provisions--Government-wide
    Title VIII--General Provisions--District of Columbia

      DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008

    Title I--Department of Homeland Security
    Title II--Security, Enforcement, and Investigations
    Title III--Protection, Preparedness, Response, and Recovery
    Title IV--Research and Development, Training, and Services
    Title V--General Provisions
    Title VI--Border Infrastructure and Technology Modernization

       DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2008

    Title I--Department of the Interior
    Title II--Environmental Protection Agency
    Title III--Related Agencies
    Title IV--General Provisions
    Title V--Wildfire Suppression Emergency Appropriations

       DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
            EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008

    Title I--Department of Labor
    Title II--Department of Health and Human Services
    Title III--Department of Education
    Title IV--Related Agencies
    Title V--General Provisions
    Title VI--National Commission on Children and Disasters

            DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008

    Title I--Legislative Branch Appropriations
    Title II--General Provisions

      DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2008

    Title I--Department of Defense
    Title II--Department of Veterans Affairs
    Title III--Related Agencies
    Title IV--General Provisions

        DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS AND RELATED
                       PROGRAMS APPROPRIATIONS ACT, 2008

    Title I--Department of State and Related Agencies
    Title II--Export and Investment Assistance
    Title III--Bilateral Economic Assistance
    Title IV--Military Assistance
    Title V--Multilateral Economic Assistance
    Title VI--General Provisions

    DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2008

    Title I--Department of Transportation
    Title II--Department of Housing and Urban Development
    Title III--Related Agencies
    Title IV--General Provisions This Act

    SEC. 3. REFERENCES.

        Except as expressly provided otherwise, any reference to ``this
    Act'' contained in any division of this Act shall be treated as
    referring only to the provisions of that division.

    SEC. 4. EXPLANATORY STATEMENT.

        The explanatory statement regarding the consolidated appropriations
    amendment of the House of Representatives to the amendment of the
    Senate to H.R. 2764, printed in the House section of the Congressional
    Record on or about December 17, 2007 by the Chairman of the Committee
    on Appropriations of the House, shall have the same effect with respect
    to the allocation of funds and implementation of divisions A through K
    of this Act as if it were a joint explanatory statement of a committee
    of conference.

    SEC. 5. EMERGENCY DESIGNATIONS.

        Any designation in any division of this Act referring to this
    section is a designation of an amount 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), the concurrent
    resolution on the budget for fiscal year 2008.

    SEC. 6. STATEMENT OF APPROPRIATIONS.

        The following sums in this Act are appropriated, out of any money
    in the Treasury not otherwise appropriated, for the fiscal year ending
    September 30, 2008.

           DIVISION A--AGRICULTURE RURAL DEVELOPMENT, FOOD AND DRUG
         ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008

                                    TITLE I

                             AGRICULTURAL PROGRAMS

                      Production, Processing and Marketing

                            Office of the Secretary

        For necessary expenses of the Office of the Secretary of
    Agriculture, $5,097,000: Provided, That not to exceed $11,000 of this
    amount shall be available for official reception and representation
    expenses, not otherwise provided for, as determined by the Secretary.

                              Executive Operations

                         office of the chief economist

        For necessary expenses of the Office of the Chief Economist,
    including economic analysis, risk assessment, cost-benefit analysis,
    energy and new uses, and the functions of the World Agricultural
    Outlook Board, as authorized by the Agricultural Marketing Act of 1946
    (7 U.S.C. 1622g), $10,487,000.

                           national appeals division

        For necessary expenses of the National Appeals Division,
    $14,466,000.

                     office of budget and program analysis

        For necessary expenses of the Office of Budget and Program
    Analysis, $8,270,000.

                            homeland security staff

        For necessary expenses of the Homeland Security Staff, $931,000.

                    Office of the Chief Information Officer

        For necessary expenses of the Office of the Chief Information
    Officer, $16,361,000.

                     Office of the Chief Financial Officer

        For necessary expenses of the Office of the Chief Financial
    Officer, $5,850,000: Provided, That no funds made available by this
    appropriation may be obligated for FAIR Act or Circular A-76 activities
    until the Secretary has submitted to the Committees on Appropriations
    of both Houses of Congress and the Committee on Oversight and
    Government Reform of the House of Representatives a report on the
    Department's contracting out policies, including agency budgets for
    contracting out.

               Office of the Assistant Secretary for Civil Rights

        For necessary expenses of the Office of the Assistant Secretary for
    Civil Rights, $854,000.

                             Office of Civil Rights

        For necessary expenses of the Office of Civil Rights, $20,496,000.

              Office of the Assistant Secretary for Administration

        For necessary expenses of the Office of the Assistant Secretary for
    Administration, $673,000.

            Agriculture Buildings and Facilities and Rental Payments

                         (including transfers of funds)

        For payment of space rental and related costs pursuant to Public
    Law 92-313, including authorities pursuant to the 1984 delegation of
    authority from the Administrator of General Services to the Department
    of Agriculture under 40 U.S.C. 486, for programs and activities of the
    Department which are included in this Act, and for alterations and
    other actions needed for the Department and its agencies to consolidate
    unneeded space into configurations suitable for release to the
    Administrator of General Services, and for the operation, maintenance,
    improvement, and repair of Agriculture buildings and facilities, and
    for related costs, $196,252,000, to remain available until expended, of
    which $156,590,000 shall be available for payments to the General
    Services Administration for rent and the Department of Homeland
    Security for building security: Provided, That amounts which are made
    available for space rental and related costs for the Department of
    Agriculture in this Act may be transferred between such appropriations
    to cover the costs of additional, new, or replacement space 15 days
    after notice thereof is transmitted to the Appropriations Committees of
    both Houses of Congress.

                         Hazardous Materials Management

                         (including transfers of funds)

        For necessary expenses of the Department of Agriculture, to comply
    with the Comprehensive Environmental Response, Compensation, and
    Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation
    and Recovery Act (42 U.S.C. 6901 et seq.), $4,886,000, to remain
    available until expended: Provided, That appropriations and funds
    available herein to the Department for Hazardous Materials Management
    may be transferred to any agency of the Department for its use in
    meeting all requirements pursuant to the above Acts on Federal and non-
    Federal lands.

                          Departmental Administration

                         (including transfers of funds)

        For Departmental Administration, $23,144,000, to provide for
    necessary expenses for management support services to offices of the
    Department and for general administration, security, repairs and
    alterations, and other miscellaneous supplies and expenses not
    otherwise provided for and necessary for the practical and efficient
    work of the Department: Provided, That this appropriation shall be
    reimbursed from applicable appropriations in this Act for travel
    expenses incident to the holding of hearings as required by 5 U.S.C.
    551-558.

         Office of the Assistant Secretary for Congressional Relations

                         (including transfers of funds)

        For necessary expenses of the Office of the Assistant Secretary for
    Congressional Relations to carry out the programs funded by this Act,
    including programs involving intergovernmental affairs and liaison
    within the executive branch, $3,795,000: Provided, That these funds may
    be transferred to agencies of the Department of Agriculture funded by
    this Act to maintain personnel at the agency level: Provided further,
    That no funds made available by this appropriation may be obligated
    after 30 days from the date of enactment of this Act, unless the
    Secretary has notified the Committees on Appropriations of both Houses
    of Congress on the allocation of these funds by USDA agency: Provided
    further, That no other funds appropriated to the Department by this Act
    shall be available to the Department for support of activities of
    congressional relations.

                            Office of Communications

        For necessary expenses of the Office of Communications to carry out
    services relating to the coordination of programs involving public
    affairs, for the dissemination of agricultural information, and the
    coordination of information, work, and programs authorized by Congress
    in the Department, $9,338,000.

                          Office of Inspector General

        For necessary expenses of the Office of Inspector General,
    including employment pursuant to the Inspector General Act of 1978,
    $80,052,000, including such sums as may be necessary for contracting
    and other arrangements with public agencies and private persons
    pursuant to section 6(a)(9) of the Inspector General Act of 1978, and
    including not to exceed $125,000 for certain confidential operational
    expenses, including the payment of informants, to be expended under the
    direction of the Inspector General pursuant to Public Law 95-452 and
    section 1337 of Public Law 97-98.

                         Office of the General Counsel

        For necessary expenses of the Office of the General Counsel,
    $39,227,000.

      Office of the Under Secretary for Research, Education and Economics

        For necessary expenses of the Office of the Under Secretary for
    Research, Education and Economics to administer the laws enacted by the
    Congress for the Economic Research Service, the National Agricultural
    Statistics Service, the Agricultural Research Service, and the
    Cooperative State Research, Education, and Extension Service, $596,000.

                           Economic Research Service

        For necessary expenses of the Economic Research Service in
    conducting economic research and analysis, $77,943,000.

                    National Agricultural Statistics Service

        For necessary expenses of the National Agricultural Statistics
    Service in conducting statistical reporting and service work,
    $163,355,000, of which up to $52,351,000 shall be available until
    expended for the Census of Agriculture.

                         Agricultural Research Service

                             salaries and expenses

        For necessary expenses to enable the Agricultural Research Service
    to perform agricultural research and demonstration relating to
    production, utilization, marketing, and distribution (not otherwise
    provided for); home economics or nutrition and consumer use including
    the acquisition, preservation, and dissemination of agricultural
    information; and for acquisition of lands by donation, exchange, or
    purchase at a nominal cost not to exceed $100, and for land exchanges
    where the lands exchanged shall be of equal value or shall be equalized
    by a payment of money to the grantor which shall not exceed 25 percent
    of the total value of the land or interests transferred out of Federal
    ownership, $1,128,944,000: Provided, That appropriations hereunder
    shall be available for the operation and maintenance of aircraft and
    the purchase of not to exceed one for replacement only: Provided
    further, That appropriations hereunder shall be available pursuant to 7
    U.S.C. 2250 for the construction, alteration, and repair of buildings
    and improvements, but unless otherwise provided, the cost of
    constructing any one building shall not exceed $375,000, except for
    headhouses or greenhouses which shall each be limited to $1,200,000,
    and except for 10 buildings to be constructed or improved at a cost not
    to exceed $750,000 each, and the cost of altering any one building
    during the fiscal year shall not exceed 10 percent of the current
    replacement value of the building or $375,000, whichever is greater:
    Provided further, That the limitations on alterations contained in this
    Act shall not apply to modernization or replacement of existing
    facilities at Beltsville, Maryland: Provided further, That
    appropriations hereunder shall be available for granting easements at
    the Beltsville Agricultural Research Center: Provided further, That the
    foregoing limitations shall not apply to replacement of buildings
    needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):
    Provided further, That funds may be received from any State, other
    political subdivision, organization, or individual for the purpose of
    establishing or operating any research facility or research project of
    the Agricultural Research Service, as authorized by law: Provided
    further, That hereafter none of the funds appropriated under this
    heading shall be available to carry out research related to the
    production, processing, or marketing of tobacco or tobacco products.

                            buildings and facilities

        For acquisition of land, construction, repair, improvement,
    extension, alteration, and purchase of fixed equipment or facilities as
    necessary to carry out the agricultural research programs of the
    Department of Agriculture, where not otherwise provided, $47,082,000,
    to remain available until expended.

          Cooperative State Research, Education, and Extension Service

                       research and education activities

        For payments to agricultural experiment stations, for cooperative
    forestry and other research, for facilities, and for other expenses,
    $672,997,000, as follows: to carry out the provisions of the Hatch Act
    of 1887 (7 U.S.C. 361a-i), $197,192,000; for grants for cooperative
    forestry research (16 U.S.C. 582a through a-7), $24,966,000; for
    payments to eligible institutions (7 U.S.C. 3222), $41,340,000,
    provided that each institution receives no less than $1,000,000; for
    special grants for agricultural research (7 U.S.C. 450i(c)),
    $92,422,000, of which $2,095,000 shall be for grants pursuant to 7
    U.S.C. 3155; for competitive grants for agricultural research on
    improved pest control (7 U.S.C. 450i(c)), $15,421,000; for competitive
    research grants (7 U.S.C. 450i(b)), $192,229,000; for the support of
    animal health and disease programs (7 U.S.C. 3195), $5,006,000; for
    supplemental and alternative crops and products (7 U.S.C. 3319d),
    $825,000; for grants for research pursuant to the Critical Agricultural
    Materials Act (7 U.S.C. 178 et seq.), $1,091,000, to remain available
    until expended; for the 1994 research grants program for 1994
    institutions pursuant to section 536 of Public Law 103-382 (7 U.S.C.
    301 note), $1,544,000, to remain available until expended; for
    rangeland research grants (7 U.S.C. 3333), $990,000; for higher
    education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,701,000,
    to remain available until expended (7 U.S.C. 2209b); for a program
    pursuant to section 1415A of the National Agricultural Research,
    Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3151a), $875,000,
    to remain available until expended; for higher education challenge
    grants (7 U.S.C. 3152(b)(1)), $5,423,000; for a higher education
    multicultural scholars program (7 U.S.C. 3152(b)(5)), $988,000, to
    remain available until expended (7 U.S.C. 2209b); for an education
    grants program for Hispanic-serving Institutions (7 U.S.C. 3241),
    $6,089,000; for competitive grants for the purpose of carrying out all
    provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78) to
    individual eligible institutions or consortia of eligible institutions
    in Alaska and in Hawaii, with funds awarded equally to each of the
    States of Alaska and Hawaii, $3,218,000; for a secondary agriculture
    education program and 2-year post-secondary education (7 U.S.C.
    3152(j)), $990,000; for aquaculture grants (7 U.S.C. 3322), $3,956,000;
    for sustainable agriculture research and education (7 U.S.C. 5811),
    $14,500,000; for a program of capacity building grants (7 U.S.C.
    3152(b)(4)) to institutions eligible to receive funds under 7 U.S.C.
    3221 and 3222, $13,688,000, to remain available until expended (7
    U.S.C. 2209b); for payments to the 1994 Institutions pursuant to
    section 534(a)(1) of Public Law 103-382, $3,342,000; for resident
    instruction grants for insular areas under section 1491 of the National
    Agricultural Research, Extension, and Teaching Policy Act of 1977 (7
    U.S.C. 3363), $750,000; and for necessary expenses of Research and
    Education Activities, $42,451,000, of which $2,723,000 for the
    Research, Education, and Economics Information System and $2,151,000
    for the Electronic Grants Information System, are to remain available
    until expended: Provided, That hereafter none of the funds appropriated
    under this heading shall be available to carry out research related to
    the production, processing, or marketing of tobacco or tobacco
    products: Provided further, That hereafter this paragraph shall not
    apply to research on the medical, biotechnological, food, and
    industrial uses of tobacco.

                  native american institutions endowment fund

        For the Native American Institutions Endowment Fund authorized by
    Public Law 103-382 (7 U.S.C. 301 note), $11,880,000, to remain
    available until expended.

                              extension activities

        For payments to States, the District of Columbia, Puerto Rico,
    Guam, the Virgin Islands, Micronesia, Northern Marianas, and American
    Samoa, $456,460,000, as follows: payments for cooperative extension
    work under the Smith-Lever Act, to be distributed under sections 3(b)
    and 3(c) of said Act, and under section 208(c) of Public Law 93-471,
    for retirement and employees' compensation costs for extension agents,
    $276,596,000; payments for extension work at the 1994 Institutions
    under the Smith-Lever Act (7 U.S.C. 343(b)(3)), $3,321,000; payments
    for the nutrition and family education program for low-income areas
    under section 3(d) of the Act, $66,019,000; payments for the pest
    management program under section 3(d) of the Act, $9,860,000; payments
    for the farm safety program under section 3(d) of the Act, $4,759,000;
    payments for New Technologies for Ag Extension under Section 3(d) of
    the Act, $1,485,000; payments to upgrade research, extension, and
    teaching facilities at institutions eligible to receive funds under 7
    U.S.C. 3221 and 3222, $17,389,000, to remain available until expended;
    payments for youth-at-risk programs under section 3(d) of the Smith-
    Lever Act, $8,024,000; for youth farm safety education and
    certification extension grants, to be awarded competitively under
    section 3(d) of the Act, $467,000; payments for carrying out the
    provisions of the Renewable Resources Extension Act of 1978 (16 U.S.C.
    1671 et seq.), $4,036,000; payments for the federally-recognized Tribes
    Extension Program under section 3(d) of the Smith-Lever Act,
    $3,000,000; payments for sustainable agriculture programs under section
    3(d) of the Act, $4,600,000; payments for rural health and safety
    education as authorized by section 502(i) of Public Law 92-419 (7
    U.S.C. 2662(i)), $1,750,000; payments for cooperative extension work by
    eligible institutions (7 U.S.C. 3221), $36,103,000, provided that each
    institution receives no less than $1,000,000; for grants to youth
    organizations pursuant to section 7630 of title 7, United States Code,
    $1,750,000; and for necessary expenses of Extension Activities,
    $17,301,000.

                             integrated activities

        For the integrated research, education, and extension grants
    programs, including necessary administrative expenses, $56,244,000, as
    follows: for competitive grants programs authorized under section 406
    of the Agricultural Research, Extension, and Education Reform Act of
    1998 (7 U.S.C. 7626), $42,286,000, including $12,738,000 for the water
    quality program, $14,699,000 for the food safety program, $4,125,000
    for the regional pest management centers program, $4,419,000 for the
    Food Quality Protection Act risk mitigation program for major food crop
    systems, $1,375,000 for the crops affected by Food Quality Protection
    Act implementation, $3,075,000 for the methyl bromide transition
    program, and $1,855,000 for the organic transition program; for a
    competitive international science and education grants program
    authorized under section 1459A of the National Agricultural Research,
    Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
    available until expended, $2,000,000; for grants programs authorized
    under section 2(c)(1)(B) of Public Law 89-106, as amended, $737,000, to
    remain available until September 30, 2009, for the critical issues
    program; $1,321,000 for the regional rural development centers program;
    and $9,900,000 for the Food and Agriculture Defense Initiative
    authorized under section 1484 of the National Agricultural Research,
    Extension, and Teaching Act of 1977, to remain available until
    September 30, 2009.

                  outreach for socially disadvantaged farmers

        For grants and contracts pursuant to section 2501 of the Food,
    Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
    $6,440,000, to remain available until expended.

      Office of the Under Secretary for Marketing and Regulatory Programs

        For necessary expenses of the Office of the Under Secretary for
    Marketing and Regulatory Programs to administer programs under the laws
    enacted by the Congress for the Animal and Plant Health Inspection
    Service; the Agricultural Marketing Service; and the Grain Inspection,
    Packers and Stockyards Administration; $721,000.

                   Animal and Plant Health Inspection Service

                             salaries and expenses

                         (including transfers of funds)

        For expenses, not otherwise provided for, necessary to prevent,
    control, and eradicate pests and plant and animal diseases; to carry
    out inspection, quarantine, and regulatory activities; and to protect
    the environment, as authorized by law, including up to $30,000 for
    representation allowances and for expenses pursuant to the Foreign
    Service Act of 1980 (22 U.S.C. 4085), $873,754,000, of which $1,000,000
    shall be available for the control of outbreaks of insects, plant
    diseases, animal diseases and for control of pest animals and birds to
    the extent necessary to meet emergency conditions; of which $37,269,000
    shall be used for the cotton pests program for cost share purposes or
    for debt retirement for active eradication zones; of which $9,750,000
    shall be available for a National Animal Identification program; of
    which $51,725,000 shall be used to conduct a surveillance and
    preparedness program for highly pathogenic avian influenza: Provided,
    That no funds shall be used to formulate or administer a brucellosis
    eradication program for the current fiscal year that does not require
    minimum matching by the States of at least 40 percent: Provided
    further, That this appropriation shall be available for the operation
    and maintenance of aircraft and the purchase of not to exceed four, of
    which two shall be for replacement only: Provided further, That, in
    addition, in emergencies which threaten any segment of the agricultural
    production industry of this country, the Secretary may transfer from
    other appropriations or funds available to the agencies or corporations
    of the Department such sums as may be deemed necessary, to be available
    only in such emergencies for the arrest and eradication of contagious
    or infectious disease or pests of animals, poultry, or plants, and for
    expenses in accordance with sections 10411 and 10417 of the Animal
    Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442
    of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any
    unexpended balances of funds transferred for such emergency purposes in
    the preceding fiscal year shall be merged with such transferred
    amounts: Provided further, That appropriations hereunder shall be
    available pursuant to law (7 U.S.C. 2250) for the repair and alteration
    of leased buildings and improvements, but unless otherwise provided the
    cost of altering any one building during the fiscal year shall not
    exceed 10 percent of the current replacement value of the building.
        In fiscal year 2008, the agency is authorized to collect fees to
    cover the total costs of providing technical assistance, goods, or
    services requested by States, other political subdivisions, domestic
    and international organizations, foreign governments, or individuals,
    provided that such fees are structured such that any entity's liability
    for such fees is reasonably based on the technical assistance, goods,
    or services provided to the entity by the agency, and such fees shall
    be credited to this account, to remain available until expended,
    without further appropriation, for providing such assistance, goods, or
    services.

                         Agricultural Marketing Service

                               marketing services

        For necessary expenses to carry out services related to consumer
    protection, agricultural marketing and distribution, transportation,
    and regulatory programs, as authorized by law, and for administration
    and coordination of payments to States, $76,862,000, including funds
    for the wholesale market development program for the design and
    development of wholesale and farmer market facilities for the major
    metropolitan areas of the country: Provided, That this appropriation
    shall be available pursuant to law (7 U.S.C. 2250) for the alteration
    and repair of buildings and improvements, but the cost of altering any
    one building during the fiscal year shall not exceed 10 percent of the
    current replacement value of the building.
        Fees may be collected for the cost of standardization activities,
    as established by regulation pursuant to law (31 U.S.C. 9701).

                     limitation on administrative expenses

        Not to exceed $61,233,000 (from fees collected) shall be obligated
    during the current fiscal year for administrative expenses: Provided,
    That if crop size is understated and/or other uncontrollable events
    occur, the agency may exceed this limitation by up to 10 percent with
    notification to the Committees on Appropriations of both Houses of
    Congress.

        funds for strengthening markets, income, and supply (section 32)

                         (including transfers of funds)

        Funds available under section 32 of the Act of August 24, 1935 (7
    U.S.C. 612c), shall be used only for commodity program expenses as
    authorized therein, and other related operating expenses, including not
    less than $10,000,000 for replacement of a system to support commodity
    purchases, except for: (1) transfers to the Department of Commerce as
    authorized by the Fish and Wildlife Act of August 8, 1956; (2)
    transfers otherwise provided in this Act; and (3) not more than
    $16,798,000 for formulation and administration of marketing agreements
    and orders pursuant to the Agricultural Marketing Agreement Act of 1937
    and the Agricultural Act of 1961.

                       payments to states and possessions

        For payments to departments of agriculture, bureaus and departments
    of markets, and similar agencies for marketing activities under section
    204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
    $11,709,000, of which not less than $1,875,000 shall be used to make a
    grant under this heading: Provided, That of the amount provided under
    this heading, $8,500,000, to remain available until expended, is for
    specialty crop block grants authorized under section 101 of the
    Specialty Crops Competitiveness Act of 2004 (Public Law 108-465; 7
    U.S.C. 1621 note), of which not to exceed five percent may be available
    for administrative expenses.

            Grain Inspection, Packers and Stockyards Administration

                             salaries and expenses

        For necessary expenses to carry out the provisions of the United
    States Grain Standards Act, for the administration of the Packers and
    Stockyards Act, for certifying procedures used to protect purchasers of
    farm products, and the standardization activities related to grain
    under the Agricultural Marketing Act of 1946, $38,785,000: Provided,
    That this appropriation shall be available pursuant to law (7 U.S.C.
    2250) for the alteration and repair of buildings and improvements, but
    the cost of altering any one building during the fiscal year shall not
    exceed 10 percent of the current replacement value of the building.

            limitation on inspection and weighing services expenses

        Not to exceed $42,463,000 (from fees collected) shall be obligated
    during the current fiscal year for inspection and weighing services:
    Provided, That if grain export activities require additional
    supervision and oversight, or other uncontrollable factors occur, this
    limitation may be exceeded by up to 10 percent with notification to the
    Committees on Appropriations of both Houses of Congress.

                 Office of the Under Secretary for Food Safety

        For necessary expenses of the Office of the Under Secretary for
    Food Safety to administer the laws enacted by the Congress for the Food
    Safety and Inspection Service, $600,000.

                       Food Safety and Inspection Service

        For necessary expenses to carry out services authorized by the
    Federal Meat Inspection Act, the Poultry Products Inspection Act, and
    the Egg Products Inspection Act, including not to exceed $50,000 for
    representation allowances and for expenses pursuant to section 8 of the
    Act approved August 3, 1956 (7 U.S.C. 1766), $930,120,000, of which no
    less than $829,807,000 shall be available for Federal food safety
    inspection; and in addition, $1,000,000 may be credited to this account
    from fees collected for the cost of laboratory accreditation as
    authorized by section 1327 of the Food, Agriculture, Conservation and
    Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 83 full
    time equivalent positions above the fiscal year 2002 level shall be
    employed during fiscal year 2008 for purposes dedicated solely to
    inspections and enforcement related to the Humane Methods of Slaughter
    Act: Provided further, That of the amount available under this heading,
    $3,000,000 shall be obligated to maintain the Humane Animal Tracking
    System as part of the Public Health Data Communication Infrastructure
    System: Provided further, That not to exceed $650,000 is for
    construction of a laboratory sample receiving facility: Provided
    further, That this appropriation shall be available pursuant to law (7
    U.S.C. 2250) for the alteration and repair of buildings and
    improvements, but the cost of altering any one building during the
    fiscal year shall not exceed 10 percent of the current replacement
    value of the building.

        Office of the Under Secretary for Farm and Foreign Agricultural
                                    Services

        For necessary expenses of the Office of the Under Secretary for
    Farm and Foreign Agricultural Services to administer the laws enacted
    by Congress for the Farm Service Agency, the Foreign Agricultural
    Service, the Risk Management Agency, and the Commodity Credit
    Corporation, $632,000.

                              Farm Service Agency

                             salaries and expenses

                         (including transfers of funds)

        For necessary expenses for carrying out the administration and
    implementation of programs administered by the Farm Service Agency,
    $1,134,045,000: Provided, That the Secretary is authorized to use the
    services, facilities, and authorities (but not the funds) of the
    Commodity Credit Corporation to make program payments for all programs
    administered by the Agency: Provided further, That other funds made
    available to the Agency for authorized activities may be advanced to
    and merged with this account: Provided further, That none of the funds
    made available by this Act may be used to pay the salary or expenses of
    any officer or employee of the Department of Agriculture to close or
    relocate any county or field office of the Farm Service Agency (other
    than a county or field office that had zero employees as of February 7,
    2007), or to develop, submit, consider, or approve any plan for any
    such closure or relocation before enactment of an omnibus authorization
    law to provide for the continuation of agricultural programs for fiscal
    years after 2007.

                             state mediation grants

        For grants pursuant to section 502(b) of the Agricultural Credit
    Act of 1987, as amended (7 U.S.C. 5101-5106), $4,400,000.

                   grassroots source water protection program

        For necessary expenses to carry out wellhead or groundwater
    protection activities under section 1240O of the Food Security Act of
    1985 (16 U.S.C. 3839bb-2), $3,713,000, to remain available until
    expended.

                            dairy indemnity program

                         (including transfer of funds)

        For necessary expenses involved in making indemnity payments to
    dairy farmers and manufacturers of dairy products under a dairy
    indemnity program, $100,000, to remain available until expended:
    Provided, That such program is carried out by the Secretary in the same
    manner as the dairy indemnity program described in the Agriculture,
    Rural Development, Food and Drug Administration, and Related Agencies
    Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).

               agricultural credit insurance fund program account

                         (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
    U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
    U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available
    from funds in the Agricultural Credit Insurance Fund, as follows: farm
    ownership loans, $1,471,257,000, of which $1,247,400,000 shall be for
    unsubsidized guaranteed loans and $223,857,000 shall be for direct
    loans; operating loans, $1,875,686,000, of which $1,024,650,000 shall
    be for unsubsidized guaranteed loans, $271,886,000 shall be for
    subsidized guaranteed loans and $579,150,000 shall be for direct loans;
    Indian tribe land acquisition loans, $3,960,000; and for boll weevil
    eradication program loans, $100,000,000: Provided, That the Secretary
    shall deem the pink bollworm to be a boll weevil for the purpose of
    boll weevil eradication program loans.
        For the cost of direct and guaranteed loans, including the cost of
    modifying loans as defined in section 502 of the Congressional Budget
    Act of 1974, as follows: farm ownership loans, $14,952,000, of which
    $4,990,000 shall be for unsubsidized guaranteed loans, and $9,962,000
    shall be for direct loans; operating loans, $134,561,000, of which
    $24,797,000 shall be for unsubsidized guaranteed loans, $36,270,000
    shall be for subsidized guaranteed loans, and $73,494,000 shall be for
    direct loans; and Indian tribe land acquisition loans, $125,000.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $311,229,000, of which
    $303,309,000 shall be transferred to and merged with the appropriation
    for ``Farm Service Agency, Salaries and Expenses''.
        Funds appropriated by this Act to the Agricultural Credit Insurance
    Program Account for farm ownership and operating direct loans and
    guaranteed loans may be transferred among these programs: Provided,
    That the Committees on Appropriations of both Houses of Congress are
    notified at least 15 days in advance of any transfer.

                             Risk Management Agency

        For administrative and operating expenses, as authorized by section
    226A of the Department of Agriculture Reorganization Act of 1994 (7
    U.S.C. 6933), $76,658,000: Provided, That not more than $11,166,000 of
    the funds made available under section 522(e) of the Federal Crop
    Insurance Act (7 U.S.C. 1522(e)) may be used for program compliance and
    integrity purposes, including the data mining project, and for the
    Common Information Management System: Provided further, That not to
    exceed $1,000 shall be available for official reception and
    representation expenses, as authorized by 7 U.S.C. 1506(i).

                                  CORPORATIONS

        The following corporations and agencies are hereby authorized to
    make expenditures, within the limits of funds and borrowing authority
    available to each such corporation or agency and in accord with law,
    and to make contracts and commitments without regard to fiscal year
    limitations as provided by section 104 of the Government Corporation
    Control Act as may be necessary in carrying out the programs set forth
    in the budget for the current fiscal year for such corporation or
    agency, except as hereinafter provided.

                    Federal Crop Insurance Corporation Fund

        For payments as authorized by section 516 of the Federal Crop
    Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
    available until expended.

                       Commodity Credit Corporation Fund

                     reimbursement for net realized losses

        For the current fiscal year, such sums as may be necessary to
    reimburse the Commodity Credit Corporation for net realized losses
    sustained, but not previously reimbursed, pursuant to section 2 of the
    Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
    available to the Commodity Credit Corporation under section 11 of the
    Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the
    conduct of its business with the Foreign Agricultural Service, up to
    $5,000,000 may be transferred to and used by the Foreign Agricultural
    Service for information resource management activities of the Foreign
    Agricultural Service that are not related to Commodity Credit
    Corporation business.

                           hazardous waste management

                            (limitation on expenses)

        For the current fiscal year, the Commodity Credit Corporation shall
    not expend more than $5,000,000 for site investigation and cleanup
    expenses, and operations and maintenance expenses to comply with the
    requirement of section 107(g) of the Comprehensive Environmental
    Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
    section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
    6961).

                                    TITLE II

                             CONSERVATION PROGRAMS

      Office of the Under Secretary for Natural Resources and Environment

        For necessary expenses of the Office of the Under Secretary for
    Natural Resources and Environment to administer the laws enacted by the
    Congress for the Forest Service and the Natural Resources Conservation
    Service, $742,000.

                     Natural Resources Conservation Service

                            conservation operations

        For necessary expenses for carrying out the provisions of the Act
    of April 27, 1935 (16 U.S.C. 590a-f), including preparation of
    conservation plans and establishment of measures to conserve soil and
    water (including farm irrigation and land drainage and such special
    measures for soil and water management as may be necessary to prevent
    floods and the siltation of reservoirs and to control agricultural
    related pollutants); operation of conservation plant materials centers;
    classification and mapping of soil; dissemination of information;
    acquisition of lands, water, and interests therein for use in the plant
    materials program by donation, exchange, or purchase at a nominal cost
    not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
    428a); purchase and erection or alteration or improvement of permanent
    and temporary buildings; and operation and maintenance of aircraft,
    $840,326,000, to remain available until September 30, 2009: Provided,
    That appropriations hereunder shall be available pursuant to 7 U.S.C.
    2250 for construction and improvement of buildings and public
    improvements at plant materials centers, except that the cost of
    alterations and improvements to other buildings and other public
    improvements shall not exceed $250,000: Provided further, That when
    buildings or other structures are erected on non-Federal land, that the
    right to use such land is obtained as provided in 7 U.S.C. 2250a:
    Provided further, That this appropriation shall be available for
    technical assistance and related expenses to carry out programs
    authorized by section 202(c) of title II of the Colorado River Basin
    Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further,
    That qualified local engineers may be temporarily employed at per diem
    rates to perform the technical planning work of the Service.

                   watershed and flood prevention operations

        For necessary expenses to carry out preventive measures, including
    but not limited to research, engineering operations, methods of
    cultivation, the growing of vegetation, rehabilitation of existing
    works and changes in use of land, in accordance with the Watershed
    Protection and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-
    1009), the provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f),
    and in accordance with the provisions of laws relating to the
    activities of the Department, $30,000,000, to remain available until
    expended: Provided, That not to exceed $15,500,000 of this
    appropriation shall be available for technical assistance.

                        watershed rehabilitation program

        For necessary expenses to carry out rehabilitation of structural
    measures, in accordance with section 14 of the Watershed Protection and
    Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
    provisions of laws relating to the activities of the Department,
    $20,000,000, to remain available until expended.

                     resource conservation and development

        For necessary expenses in planning and carrying out projects for
    resource conservation and development and for sound land use pursuant
    to the provisions of sections 31 and 32 of the Bankhead-Jones Farm
    Tenant Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27,
    1935 (16 U.S.C. 590a-f); and subtitle H of title XV of the Agriculture
    and Food Act of 1981 (16 U.S.C. 3451-3461), $51,088,000, to remain
    available until expended: Provided, That not to exceed $3,073,000 shall
    be available for national headquarters activities.

                        healthy forests reserve program

        For necessary expenses to carry out the Healthy Forests Reserve
    Program authorized under title V of Public Law 108-148 (16 U.S.C. 6571-
    6578), $2,000,000, to remain available until expended.

                                   TITLE III

                           RURAL DEVELOPMENT PROGRAMS

              Office of the Under Secretary for Rural Development

        For necessary salaries and expenses of the Office of the Under
    Secretary for Rural Development to administer programs under the laws
    enacted by the Congress for the Rural Housing Service, the Rural
    Business-Cooperative Service, and the Rural Utilities Service,
    $632,000.

                    Rural Development Salaries and Expenses

                         (including transfers of funds)

        For necessary expenses for carrying out the administration and
    implementation of programs in the Rural Development mission area,
    including activities with institutions concerning the development and
    operation of agricultural cooperatives; and for cooperative agreements;
    $169,998,000: Provided, That notwithstanding any other provision of
    law, funds appropriated under this section may be used for advertising
    and promotional activities that support the Rural Development mission
    area: Provided further, That not more than $10,000 may be expended to
    provide modest nonmonetary awards to non-USDA employees: Provided
    further, That any balances available from prior years for the Rural
    Utilities Service, Rural Housing Service, and the Rural Business-
    Cooperative Service salaries and expenses accounts shall be transferred
    to and merged with this appropriation.

                             Rural Housing Service

                  rural housing insurance fund program account

                         (including transfers of funds)

        For gross obligations for the principal amount of direct and
    guaranteed loans as authorized by title V of the Housing Act of 1949,
    to be available from funds in the rural housing insurance fund, as
    follows: $5,349,391,000 for loans to section 502 borrowers, of which
    $1,129,391,000 shall be for direct loans, and of which $4,220,000,000
    shall be for unsubsidized guaranteed loans; $34,652,000 for section 504
    housing repair loans; $70,000,000 for section 515 rental housing;
    $130,000,000 for section 538 guaranteed multi-family housing loans;
    $5,045,000 for section 524 site loans; $11,485,000 for credit sales of
    acquired property, of which up to $1,485,000 may be for multi-family
    credit sales; and $5,000,000 for section 523 self-help housing land
    development loans.
        For the cost of direct and guaranteed loans, including the cost of
    modifying loans, as defined in section 502 of the Congressional Budget
    Act of 1974, as follows: section 502 loans, $156,224,000, of which
    $105,824,000 shall be for direct loans, and of which $50,400,000, to
    remain available until expended, shall be for unsubsidized guaranteed
    loans; section 504 housing repair loans, $9,796,000; repair,
    rehabilitation, and new construction of section 515 rental housing,
    $29,827,000; section 538 multi-family housing guaranteed loans,
    $12,220,000; credit sales of acquired property, $552,000; and section
    523 self-help housing and development loans, $142,000: Provided, That
    of the total amount appropriated in this paragraph, $2,500,000 shall be
    available through June 30, 2008, for authorized empowerment zones and
    enterprise communities and communities designated by the Secretary of
    Agriculture as Rural Economic Area Partnership Zones: Provided further,
    That any funds under this paragraph initially allocated by the
    Secretary for housing projects in the State of Alaska that are not
    obligated by September 30, 2008, shall be carried over until September
    30, 2009, and made available for such housing projects only in the
    State of Alaska: Provided further, That any unobligated balances for a
    demonstration program for the preservation and revitalization of the
    section 515 multi-family rental housing properties as authorized by
    Public Law 109-97 shall be transferred to and merged with the ``Rural
    Housing Service, Multi-family Housing Revitalization Program Account''.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $452,927,000, which shall be
    transferred to and merged with the appropriation for ``Rural
    Development, Salaries and Expenses''.

                           rental assistance program

        For rental assistance agreements entered into or renewed pursuant
    to the authority under section 521(a)(2) or agreements entered into in
    lieu of debt forgiveness or payments for eligible households as
    authorized by section 502(c)(5)(D) of the Housing Act of 1949,
    $482,090,000, to remain available through September 30, 2009; and, in
    addition, such sums as may be necessary, as authorized by section
    521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992
    to carry out the rental assistance program under section 521(a)(2) of
    the Act: Provided, That of this amount, up to $6,000,000 shall be
    available for debt forgiveness or payments for eligible households as
    authorized by section 502(c)(5)(D) of the Act, and not to exceed
    $50,000 per project for advances to nonprofit organizations or public
    agencies to cover direct costs (other than purchase price) incurred in
    purchasing projects pursuant to section 502(c)(5)(C) of the Act:
    Provided further, That agreements entered into or renewed during the
    current fiscal year shall be funded for a one-year period: Provided
    further, That any unexpended balances remaining at the end of such one-
    year agreements may be transferred and used for the purposes of any
    debt reduction; maintenance, repair, or rehabilitation of any existing
    projects; preservation; and rental assistance activities authorized
    under title V of the Act: Provided further, That rental assistance
    provided under agreements entered into prior to fiscal year 2008 for a
    farm labor multi-family housing project financed under section 514 or
    516 of the Act may not be recaptured for use in another project until
    such assistance has remained unused for a period of 12 consecutive
    months, if such project has a waiting list of tenants seeking such
    assistance or the project has rental assistance eligible tenants who
    are not receiving such assistance: Provided further, That such
    recaptured rental assistance shall, to the extent practicable, be
    applied to another farm labor multi-family housing project financed
    under section 514 or 516 of the Act.

              multi-family housing revitalization program account

        For the rural housing voucher program as authorized under section
    542 of the Housing Act of 1949, but notwithstanding subsection (b) of
    such section, for the cost to conduct a housing demonstration program
    to provide revolving loans for the preservation of low-income multi-
    family housing projects, and for additional costs to conduct a
    demonstration program for the preservation and revitalization of multi-
    family rental housing properties described in this paragraph,
    $28,000,000, to remain available until expended: Provided, That of the
    funds made available under this heading, $5,000,000 shall be available
    for rural housing vouchers to any low-income household (including those
    not receiving rental assistance) residing in a property financed with a
    section 515 loan which has been prepaid after September 30, 2005:
    Provided further, That the amount of such voucher shall be the
    difference between comparable market rent for the section 515 unit and
    the tenant paid rent for such unit: Provided further, That funds made
    available for such vouchers shall be subject to the availability of
    annual appropriations: Provided further, That the Secretary shall, to
    the maximum extent practicable, administer such vouchers with current
    regulations and administrative guidance applicable to section 8 housing
    vouchers administered by the Secretary of the Department of Housing and
    Urban Development (including the ability to pay administrative costs
    related to delivery of the voucher funds): Provided further, That if
    the Secretary determines that the amount made available for vouchers in
    this or any other Act is not needed for vouchers, the Secretary may use
    such funds for the demonstration programs for the preservation and
    revitalization of multi-family rental housing properties described in
    this paragraph: Provided further, That of the funds made available
    under this heading, $3,000,000 shall be available for the cost of loans
    to private non-profit organizations, or such non-profit organizations'
    affiliate loan funds and State and local housing finance agencies, to
    carry out a housing demonstration program to provide revolving loans
    for the preservation of low-income multi-family housing projects:
    Provided further, That loans under such demonstration program shall
    have an interest rate of not more than 1 percent direct loan to the
    recipient: Provided further, That the Secretary may defer the interest
    and principal payment to the Rural Housing Service for up to 3 years
    and the term of such loans shall not exceed 30 years: Provided further,
    That of the funds made available under this heading, $20,000,000 shall
    be available for a demonstration program for the preservation and
    revitalization of the section 514, 515, and 516 multi-family rental
    housing properties to restructure existing USDA multi-family housing
    loans, as the Secretary deems appropriate, expressly for the purposes
    of ensuring the project has sufficient resources to preserve the
    project for the purpose of providing safe and affordable housing for
    low-income residents and farm laborers including reducing or
    eliminating interest; deferring loan payments, subordinating, reducing
    or reamortizing loan debt; and other financial assistance including
    advances and incentives required by the Secretary: Provided further,
    That if the Secretary determines that additional funds for vouchers
    described in this paragraph are needed, funds for the preservation and
    revitalization demonstration program may be used for such vouchers:
    Provided further, That if Congress enacts legislation to permanently
    authorize a section 515 multi-family rental housing loan restructuring
    program similar to the demonstration program described herein, the
    Secretary may use funds made available for the demonstration program
    under this heading to carry out such legislation with the prior
    approval of the Committees on Appropriations of both Houses of
    Congress.

                      mutual and self-help housing grants

        For grants and contracts pursuant to section 523(b)(1)(A) of the
    Housing Act of 1949 (42 U.S.C. 1490c), $39,000,000, to remain available
    until expended: Provided, That of the total amount appropriated,
    $1,000,000 shall be available through June 30, 2008, for authorized
    empowerment zones and enterprise communities and communities designated
    by the Secretary of Agriculture as Rural Economic Area Partnership
    Zones.

                        rural housing assistance grants

                         (including transfer of funds)

        For grants and contracts for very low-income housing repair,
    supervisory and technical assistance, compensation for construction
    defects, and rural housing preservation made by the Rural Housing
    Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
    $39,000,000, to remain available until expended: Provided, That of the
    total amount appropriated, $1,200,000 shall be available through June
    30, 2008, for authorized empowerment zones and enterprise communities
    and communities designated by the Secretary of Agriculture as Rural
    Economic Area Partnership Zones: Provided further, That any balances to
    carry out a housing demonstration program to provide revolving loans
    for the preservation of low-income multi-family housing projects as
    authorized in Public Law 108-447 and Public Law 109-97 shall be
    transferred to and merged with the ``Rural Housing Service, Multi-
    family Housing Revitalization Program Account''.

                           farm labor program account

        For the cost of direct loans, grants, and contracts, as authorized
    by 42 U.S.C. 1484 and 1486, $22,000,000, to remain available until
    expended, for direct farm labor housing loans and domestic farm labor
    housing grants and contracts.

                   rural community facilities program account

                         (including transfers of funds)

        For the cost of direct loans, loan guarantees, and grants for rural
    community facilities programs as authorized by section 306 and
    described in section 381E(d)(1) of the Consolidated Farm and Rural
    Development Act, $68,952,000, to remain available until expended:
    Provided, That $6,300,000 of the amount appropriated under this heading
    shall be available for a Rural Community Development Initiative:
    Provided further, That such funds shall be used solely to develop the
    capacity and ability of private, nonprofit community-based housing and
    community development organizations, low-income rural communities, and
    Federally Recognized Native American Tribes to undertake projects to
    improve housing, community facilities, community and economic
    development projects in rural areas: Provided further, That such funds
    shall be made available to qualified private, nonprofit and public
    intermediary organizations proposing to carry out a program of
    financial and technical assistance: Provided further, That such
    intermediary organizations shall provide matching funds from other
    sources, including Federal funds for related activities, in an amount
    not less than funds provided: Provided further, That $14,000,000 of the
    amount appropriated under this heading shall be to provide grants for
    facilities in rural communities with extreme unemployment and severe
    economic depression (Public Law 106-387), with up to 5 percent for
    administration and capacity building in the State rural development
    offices: Provided further, That $4,000,000 of the amount appropriated
    under this heading shall be available for community facilities grants
    to tribal colleges, as authorized by section 306(a)(19) of such Act:
    Provided further, That not to exceed $1,000,000 of the amount
    appropriated under this heading shall be available through June 30,
    2008, for authorized empowerment zones and enterprise communities and
    communities designated by the Secretary of Agriculture as Rural
    Economic Area Partnership Zones for the rural community programs
    described in section 381E(d)(1) of the Consolidated Farm and Rural
    Development Act: Provided further, That section 381E-H and 381N of the
    Consolidated Farm and Rural Development Act are not applicable to the
    funds made available under this heading: Provided further, That any
    prior balances in the Rural Development, Rural Community Advancement
    Program account for programs authorized by section 306 and described in
    section 381E(d)(1) of such Act be transferred and merged with this
    account and any other prior balances from the Rural Development, Rural
    Community Advancement Program account that the Secretary determines is
    appropriate to transfer.

                      Rural Business--Cooperative Service

                         rural business program account

                         (including transfers of funds)

        For the cost of direct loans, loan guarantees, and grants, for the
    rural business development programs authorized by sections 306 and 310B
    and described in section 310B(f) and 381E(d)(3) of the Consolidated
    Farm and Rural Development Act, $87,700,000, to remain available until
    expended: Provided, That of the amount appropriated under this heading,
    not to exceed $500,000 shall be made available for a grant to a
    qualified national organization to provide technical assistance for
    rural transportation in order to promote economic development and
    $3,000,000 shall be for grants to the Delta Regional Authority (7
    U.S.C. 1921 et seq.) for any Rural Community Advancement Program
    purpose as described in section 381E(d) of the Consolidated Farm and
    Rural Development Act, of which not more than 5 percent may be used for
    administrative expenses: Provided further, That $4,000,000 of the
    amount appropriated under this heading shall be for business grants to
    benefit Federally Recognized Native American Tribes, including $250,000
    for a grant to a qualified national organization to provide technical
    assistance for rural transportation in order to promote economic
    development: Provided further, That not to exceed $8,300,000 of the
    amount appropriated under this heading shall be available through June
    30, 2008, for authorized empowerment zones and enterprise communities
    and communities designated by the Secretary of Agriculture as Rural
    Economic Area Partnership Zones for the rural business and cooperative
    development programs described in section 381E(d)(3) of the
    Consolidated Farm and Rural Development Act: Provided further, That
    section 381E-H and 381N of the Consolidated Farm and Rural Development
    Act are not applicable to funds made available under this heading:
    Provided further, That any prior balances in the Rural Development,
    Rural Community Advancement Program account for programs authorized by
    sections 306 and 310B and described in section 310B(f) and 381E(d)(3)
    of such Act be transferred and merged with this account and any other
    prior balances from the Rural Development, Rural Community Advancement
    Program account that the Secretary determines is appropriate to
    transfer.

                  rural development loan fund program account

                         (including transfer of funds)

        For the principal amount of direct loans, as authorized by the
    Rural Development Loan Fund (42 U.S.C. 9812(a)), $33,772,000.
        For the cost of direct loans, $14,485,000, as authorized by the
    Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
    shall be available through June 30, 2008, for Federally Recognized
    Native American Tribes and of which $3,449,000 shall be available
    through June 30, 2008, for Mississippi Delta Region counties (as
    determined in accordance with Public Law 100-460): Provided, That such
    costs, including the cost of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974: Provided
    further, That of the total amount appropriated, $880,000 shall be
    available through June 30, 2008, for the cost of direct loans for
    authorized empowerment zones and enterprise communities and communities
    designated by the Secretary of Agriculture as Rural Economic Area
    Partnership Zones.
        In addition, for administrative expenses to carry out the direct
    loan programs, $4,774,000 shall be transferred to and merged with the
    appropriation for ``Rural Development, Salaries and Expenses''.

                rural economic development loans program account

                        (including rescission of funds)

        For the principal amount of direct loans, as authorized under
    section 313 of the Rural Electrification Act, for the purpose of
    promoting rural economic development and job creation projects,
    $33,077,000.
        Of the funds derived from interest on the cushion of credit
    payments, as authorized by section 313 of the Rural Electrification Act
    of 1936, $34,000,000 shall not be obligated and $34,000,000 are
    rescinded.

                      rural cooperative development grants

        For rural cooperative development grants authorized under section
    310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
    1932), $28,023,000, of which $495,000 shall be for a cooperative
    research agreement with a qualified academic institution to conduct
    research on the national economic impact of all types of cooperatives;
    and of which $2,600,000 shall be for cooperative agreements for the
    appropriate technology transfer for rural areas program: Provided, That
    not to exceed $1,473,000 shall be for cooperatives or associations of
    cooperatives whose primary focus is to provide assistance to small,
    minority producers and whose governing board and/or membership is
    comprised of at least 75 percent minority; and of which $19,000,000, to
    remain available until expended, shall be for value-added agricultural
    product market development grants, as authorized by section 6401 of the
    Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).

           rural empowerment zones and enterprise communities grants

        For grants in connection with empowerment zones and enterprise
    communities, $8,187,000, to remain available until expended, for
    designated rural empowerment zones and rural enterprise communities, as
    authorized by the Taxpayer Relief Act of 1997 and the Omnibus
    Consolidated and Emergency Supplemental Appropriations Act, 1999
    (Public Law 105-277): Provided, That the funds provided under this
    paragraph shall be made available to empowerment zones and enterprise
    communities in a manner and with the same priorities such funds were
    made available during the 2007 fiscal year.

                            renewable energy program

        For the cost of a program of direct loans, loan guarantees, and
    grants, under the same terms and conditions as authorized by section
    9006 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
    8106), $36,000,000: Provided, That the cost of direct loans and loan
    guarantees, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974.

                            Rural Utilities Service

                 rural water and waste disposal program account

                         (including transfers of funds)

        For the cost of direct loans, loan guarantees, and grants for the
    rural water, waste water, waste disposal, and solid waste management
    programs authorized by sections 306, 306A, 306C, 306D, and 310B and
    described in sections 306C(a)(2), 306D, and 381E(d)(2) of the
    Consolidated Farm and Rural Development Act, $562,565,000, to remain
    available until expended, of which not to exceed $500,000 shall be
    available for the rural utilities program described in section
    306(a)(2)(B) of such Act, and of which not to exceed $1,000,000 shall
    be available for the rural utilities program described in section 306E
    of such Act: Provided, That $65,000,000 of the amount appropriated
    under this heading shall be for water and waste disposal systems grants
    authorized by 306C(a)(2)(B) and 306D of the Consolidated Farm and Rural
    Development Act and Native Americans authorized by 306C(a)(1): Provided
    further, That the Secretary shall allocate the funds described in the
    previous proviso in a manner consistent with the historical allocation
    for such populations under these authorities: Provided further, That
    not to exceed $18,500,000 of the amount appropriated under this heading
    shall be for technical assistance grants for rural water and waste
    systems pursuant to section 306(a)(14) of such Act, unless the
    Secretary makes a determination of extreme need, of which $5,600,000
    shall be made available for a grant to a qualified non-profit multi-
    state regional technical assistance organization, with experience in
    working with small communities on water and waste water problems, the
    principal purpose of such grant shall be to assist rural communities
    with populations of 3,300 or less, in improving the planning,
    financing, development, operation, and management of water and waste
    water systems, and of which not less than $800,000 shall be for a
    qualified national Native American organization to provide technical
    assistance for rural water systems for tribal communities: Provided
    further, That not to exceed $13,750,000 of the amount appropriated
    under this heading shall be for contracting with qualified national
    organizations for a circuit rider program to provide technical
    assistance for rural water systems: Provided further, That not to
    exceed $12,700,000 of the amount appropriated under this heading shall
    be available through June 30, 2008, for authorized empowerment zones
    and enterprise communities and communities designated by the Secretary
    of Agriculture as Rural Economic Area Partnership Zones for the rural
    utilities programs described in section 381E(d)(2) of such Act:
    Provided further, That $20,000,000 of the amount appropriated under
    this heading shall be transferred to, and merged with, the Rural
    Utilities Service, High Energy Cost Grants Account to provide grants
    authorized under section 19 of the Rural Electrification Act of 1936 (7
    U.S.C. 918a): Provided further, That any prior year balances for high
    cost energy grants authorized by section 19 of the Rural
    Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to
    and merged with the Rural Utilities Service, High Energy Costs Grants
    Account: Provided further, That section 381E-H and 381N of the
    Consolidated Farm and Rural Development Act are not applicable to the
    funds made available under this heading: Provided further, That any
    prior balances in the Rural Development, Rural Community Advancement
    Program account programs authorized by sections 306, 306A, 306C, 306D,
    and 310B and described in sections 306C(a)(2), 306D, and 381E(d)(2) of
    such Act be transferred and merged with this account and any other
    prior balances from the Rural Development, Rural Community Advancement
    Program account that the Secretary determines is appropriate to
    transfer.

       rural electrification and telecommunications loans program account

                         (including transfer of funds)

        The principal amount of direct and guaranteed loans as authorized
    by section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935)
    shall be made as follows: 5 percent rural electrification loans,
    $100,000,000; loans made pursuant to section 306 of that Act, rural
    electric, $6,500,000,000; guaranteed underwriting loans pursuant to
    section 313A, $500,000,000; 5 percent rural telecommunications loans,
    $145,000,000; cost of money rural telecommunications loans,
    $250,000,000; and for loans made pursuant to section 306 of that Act,
    rural telecommunications loans, $295,000,000.
        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, including the cost of modifying loans, of direct and
    guaranteed loans authorized by sections 305 and 306 of the Rural
    Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of
    rural electric loans, $120,000, and the cost of telecommunications
    loans, $3,620,000: Provided, That notwithstanding section 305(d)(2) of
    the Rural Electrification Act of 1936, borrower interest rates may
    exceed 7 percent per year.
        In addition, for administrative expenses necessary to carry out the
    direct and guaranteed loan programs, $38,623,000 which shall be
    transferred to and merged with the appropriation for ``Rural
    Development, Salaries and Expenses''.

             distance learning, telemedicine, and broadband program

        For the principal amount of broadband telecommunication loans,
    $300,000,000.
        For grants for telemedicine and distance learning services in rural
    areas, as authorized by 7 U.S.C. 950aaa et seq., $35,000,000, to remain
    available until expended: Provided, That $5,000,000 shall be made
    available to convert analog to digital operation those noncommercial
    educational television broadcast stations that serve rural areas and
    are qualified for Community Service Grants by the Corporation for
    Public Broadcasting under section 396(k) of the Communications Act of
    1934, including associated translators and repeaters, regardless of the
    location of their main transmitter, studio-to-transmitter links, and
    equipment to allow local control over digital content and programming
    through the use of high-definition broadcast, multi-casting and
    datacasting technologies.
        For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
    seq., $6,450,000, to remain available until expended: Provided, That
    the cost of direct loans shall be as defined in section 502 of the
    Congressional Budget Act of 1974.
        In addition, $13,500,000, to remain available until expended, for a
    grant program to finance broadband transmission in rural areas eligible
    for Distance Learning and Telemedicine Program benefits authorized by 7
    U.S.C. 950aaa.

                                    TITLE IV

                             DOMESTIC FOOD PROGRAMS

    Office of the Under Secretary for Food, Nutrition and Consumer Services

        For necessary expenses of the Office of the Under Secretary for
    Food, Nutrition and Consumer Services to administer the laws enacted by
    the Congress for the Food and Nutrition Service, $597,000.

                           Food and Nutrition Service

                            child nutrition programs

                         (including transfers of funds)

        For necessary expenses to carry out the Richard B. Russell National
    School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the
    Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections
    17 and 21; $13,901,513,000, to remain available through September 30,
    2009, of which $7,647,965,000 is hereby appropriated and $6,253,548,000
    shall be derived by transfer from funds available under section 32 of
    the Act of August 24, 1935 (7 U.S.C. 612c): Provided, That up to
    $5,505,000 shall be available for independent verification of school
    food service claims.

    special supplemental nutrition program for women, infants, and children
                                     (wic)

        For necessary expenses to carry out the special supplemental
    nutrition program as authorized by section 17 of the Child Nutrition
    Act of 1966 (42 U.S.C. 1786), $6,020,000,000, to remain available
    through September 30, 2009, of which such sums as are necessary to
    restore the contingency reserve to $150,000,000 shall be placed in
    reserve, to remain available until expended, to be allocated as the
    Secretary deems necessary, notwithstanding section 17(i) of such Act,
    to support participation should cost or participation exceed budget
    estimates: Provided, That of the total amount available, the Secretary
    shall obligate not less than $15,000,000 for a breastfeeding support
    initiative in addition to the activities specified in section
    17(h)(3)(A): Provided further, That only the provisions of section
    17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in
    2008; including $14,000,000 for the purposes specified in section
    17(h)(10)(B)(i) and $30,000,000 for the purposes specified in section
    17(h)(10)(B)(ii): Provided further, That funds made available for the
    purposes specified in section 17(h)(10)(B)(ii) shall only be made
    available upon determination by the Secretary that funds are available
    to meet caseload requirements without the use of the contingency
    reserve funds after the date of enactment of this Act: Provided
    further, That none of the funds in this Act shall be available to pay
    administrative expenses of WIC clinics except those that have an
    announced policy of prohibiting smoking within the space used to carry
    out the program: Provided further, That none of the funds provided in
    this account shall be available for the purchase of infant formula
    except in accordance with the cost containment and competitive bidding
    requirements specified in section 17 of such Act: Provided further,
    That none of the funds provided shall be available for activities that
    are not fully reimbursed by other Federal Government departments or
    agencies unless authorized by section 17 of such Act: Provided further,
    That of the amount provided under this paragraph, $400,000,000 is
    designated as described in section 5 (in the matter preceding division
    A of this consolidated Act).

                               food stamp program

        For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
    2011 et seq.), $39,782,723,000, of which $3,000,000,000 to remain
    available through September 30, 2009, shall be placed in reserve for
    use only in such amounts and at such times as may become necessary to
    carry out program operations: Provided, That funds provided herein
    shall be expended in accordance with section 16 of the Food Stamp Act:
    Provided further, That this appropriation shall be subject to any work
    registration or workfare requirements as may be required by law:
    Provided further, That funds made available for Employment and Training
    under this heading shall remain available until expended, as authorized
    by section 16(h)(1) of the Food Stamp Act: Provided further, That
    notwithstanding section 5(d) of the Food Stamp Act of 1977, any
    additional payment received under chapter 5 of title 37, United States
    Code, by a member of the United States Armed Forces deployed to a
    designated combat zone shall be excluded from household income for the
    duration of the member's deployment if the additional pay is the result
    of deployment to or while serving in a combat zone, and it was not
    received immediately prior to serving in the combat zone: Provided
    further, That funds made available under this heading may be used to
    enter into contracts and employ staff to conduct studies, evaluations,
    or to conduct activities related to food stamp program integrity
    provided that such activities are authorized by the Food Stamp Act.

                          commodity assistance program

        For necessary expenses to carry out disaster assistance and the
    commodity supplemental food program as authorized by section 4(a) of
    the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c
    note); the Emergency Food Assistance Act of 1983; special assistance
    for the nuclear affected islands, as authorized by section 103(f)(2) of
    the Compact of Free Association Amendments Act of 2003 (Public Law 108-
    188); and the Farmers' Market Nutrition Program, as authorized by
    section 17(m) of the Child Nutrition Act of 1966, $211,770,000, to
    remain available through September 30, 2009: Provided, That none of
    these funds shall be available to reimburse the Commodity Credit
    Corporation for commodities donated to the program: Provided further,
    That notwithstanding any other provision of law, effective with funds
    made available in fiscal year 2008 to support the Seniors Farmers'
    Market Nutrition Program (SFMNP), such funds shall remain available
    through September 30, 2009: Provided further, That no funds available
    for SFMNP shall be used to pay State or local sales taxes on food
    purchased with SFMNP coupons or checks: Provided further, That the
    value of assistance provided by the SFMNP shall not be considered
    income or resources for any purposes under any Federal, State or local
    laws related to taxation, welfare and public assistance programs:
    Provided further, That of the funds made available under section 27(a)
    of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), the Secretary
    may use up to $10,000,000 for costs associated with the distribution of
    commodities.

                       nutrition programs administration

        For necessary administrative expenses of the Food and Nutrition
    Service, $142,727,000, of which $2,475,000 is for the purpose of
    providing Bill Emerson and Mickey Leland Hunger Fellowships, through
    the Congressional Hunger Center.

                                    TITLE V

                    FOREIGN ASSISTANCE AND RELATED PROGRAMS

                          Foreign Agricultural Service

                             salaries and expenses

                         (including transfers of funds)

        For necessary expenses of the Foreign Agricultural Service,
    including carrying out title VI of the Agricultural Act of 1954 (7
    U.S.C. 1761-1768), market development activities abroad, and for
    enabling the Secretary to coordinate and integrate activities of the
    Department in connection with foreign agricultural work, including not
    to exceed $158,000 for representation allowances and for expenses
    pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C.
    1766), $159,470,000: Provided, That the Service may utilize advances of
    funds, or reimburse this appropriation for expenditures made on behalf
    of Federal agencies, public and private organizations and institutions
    under agreements executed pursuant to the agricultural food production
    assistance programs (7 U.S.C. 1737) and the foreign assistance programs
    of the United States Agency for International Development: Provided
    further, That funds made available for the cost of agreements under
    title I of the Agricultural Trade Development and Assistance Act of
    1954 and for title I ocean freight differential may be used
    interchangeably between the two accounts with prior notice to the
    Committees on Appropriations of both Houses of Congress.

      public law 480 title i direct credit and food for progress program
                                    account

                         (including transfers of funds)

        For administrative expenses to carry out the credit program of
    title I, Public Law 83-480 and the Food for Progress Act of 1985,
    $2,680,000, to be transferred to and merged with the appropriation for
    ``Farm Service Agency, Salaries and Expenses''.

                         public law 480 title ii grants

        For expenses during the current fiscal year, not otherwise
    recoverable, and unrecovered prior years' costs, including interest
    thereon, under the Agricultural Trade Development and Assistance Act of
    1954, for commodities supplied in connection with dispositions abroad
    under title II of said Act, $1,219,400,000, to remain available until
    expended.

           commodity credit corporation export loans program account

                         (including transfers of funds)

        For administrative expenses to carry out the Commodity Credit
    Corporation's export guarantee program, GSM 102 and GSM 103,
    $5,328,000; to cover common overhead expenses as permitted by section
    11 of the Commodity Credit Corporation Charter Act and in conformity
    with the Federal Credit Reform Act of 1990, of which $4,985,000 may be
    transferred to and merged with the appropriation for ``Foreign
    Agricultural Service, Salaries and Expenses'', and of which $343,000
    may be transferred to and merged with the appropriation for ``Farm
    Service Agency, Salaries and Expenses''.

      mcgovern-dole international food for education and child nutrition
                                 program grants

        For necessary expenses to carry out the provisions of section 3107
    of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
    1), $100,000,000, to remain available until expended: Provided, That
    the Commodity Credit Corporation is authorized to provide the services,
    facilities, and authorities for the purpose of implementing such
    section, subject to reimbursement from amounts provided herein.

                                    TITLE VI

               RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                          Food and Drug Administration

                             salaries and expenses

        For necessary expenses of the Food and Drug Administration,
    including hire and purchase of passenger motor vehicles; for payment of
    space rental and related costs pursuant to Public Law 92-313 for
    programs and activities of the Food and Drug Administration which are
    included in this Act; for rental of special purpose space in the
    District of Columbia or elsewhere; for miscellaneous and emergency
    expenses of enforcement activities, authorized and approved by the
    Secretary and to be accounted for solely on the Secretary's
    certificate, not to exceed $25,000; and notwithstanding section 521 of
    Public Law 107-188; $2,247,961,000: Provided, That of the amount
    provided under this heading, $459,412,000 shall be derived from
    prescription drug user fees authorized by 21 U.S.C. 379h shall be
    credited to this account and remain available until expended, and shall
    not include any fees pursuant to 21 U.S.C. 379h(a)(2) and (a)(3)
    assessed for fiscal year 2009 but collected in fiscal year 2008;
    $48,431,000 shall be derived from medical device user fees authorized
    by 21 U.S.C. 379j, and shall be credited to this account and remain
    available until expended; and $13,696,000 shall be derived from animal
    drug user fees authorized by 21 U.S.C. 379j, and shall be credited to
    this account and remain available until expended: Provided further,
    That fees derived from prescription drug, medical device, and animal
    drug assessments received during fiscal year 2008, including any such
    fees assessed prior to the current fiscal year but credited during the
    current year, shall be subject to the fiscal year 2008 limitation:
    Provided further, That none of these funds shall be used to develop,
    establish, or operate any program of user fees authorized by 31 U.S.C.
    9701: Provided further, That of the total amount appropriated: (1)
    $513,461,000 shall be for the Center for Food Safety and Applied
    Nutrition and related field activities in the Office of Regulatory
    Affairs; (2) $682,759,000 shall be for the Center for Drug Evaluation
    and Research and related field activities in the Office of Regulatory
    Affairs, of which no less than $41,900,000 shall be available for the
    Office of Generic Drugs; (3) $236,985,000 shall be for the Center for
    Biologics Evaluation and Research and for related field activities in
    the Office of Regulatory Affairs; (4) $109,244,000 shall be for the
    Center for Veterinary Medicine and for related field activities in the
    Office of Regulatory Affairs; (5) $267,284,000 shall be for the Center
    for Devices and Radiological Health and for related field activities in
    the Office of Regulatory Affairs; (6) $44,316,000 shall be for the
    National Center for Toxicological Research; (7) not to exceed
    $99,922,000 shall be for Rent and Related activities, of which
    $38,808,000 is for White Oak Consolidation, other than the amounts paid
    to the General Services Administration for rent; (8) not to exceed
    $160,094,000 shall be for payments to the General Services
    Administration for rent; and (9) $133,896,000 shall be for other
    activities, including the Office of the Commissioner; the Office of
    Scientific and Medical Programs; the Office of Policy, Planning and
    Preparedness; the Office of International and Special Programs; the
    Office of Operations; and central services for these offices: Provided
    further, That of the amounts made available under this heading,
    $28,000,000 for the Center for Food Safety and Applied Nutrition and
    related field activities in the Office of Regulatory Affairs shall be
    available from July 1, 2008, to September 30, 2009, for implementation
    of a comprehensive food safety performance plan: Provided further, That
    none of the funds made available under this heading shall be used to
    transfer funds under section 770(n) of the Federal Food, Drug, and
    Cosmetic Act (21 U.S.C. 379dd): Provided further, That funds may be
    transferred from one specified activity to another with the prior
    approval of the Committees on Appropriations of both Houses of
    Congress.
        In addition, mammography user fees authorized by 42 U.S.C. 263b may
    be credited to this account, to remain available until expended.
        In addition, export certification user fees authorized by 21 U.S.C.
    381 may be credited to this account, to remain available until
    expended.

                            buildings and facilities

        For plans, construction, repair, improvement, extension,
    alteration, and purchase of fixed equipment or facilities of or used by
    the Food and Drug Administration, where not otherwise provided,
    $2,450,000, to remain available until expended.

                              INDEPENDENT AGENCIES

                      Commodity Futures Trading Commission

        For necessary expenses to carry out the provisions of the Commodity
    Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
    passenger motor vehicles, and the rental of space (to include multiple
    year leases) in the District of Columbia and elsewhere, $112,050,000,
    including not to exceed $3,000 for official reception and
    representation expenses.

                           Farm Credit Administration

                     limitation on administrative expenses

        Not to exceed $46,000,000 (from assessments collected from farm
    credit institutions and from the Federal Agricultural Mortgage
    Corporation) shall be obligated during the current fiscal year for
    administrative expenses as authorized under 12 U.S.C. 2249: Provided,
    That this limitation shall not apply to expenses associated with
    receiverships.

                                   TITLE VII

                               GENERAL PROVISIONS

                 (including rescissions and transfers of funds)

        Sec. 701. Within the unit limit of cost fixed by law,
    appropriations and authorizations made for the Department of
    Agriculture for the current fiscal year under this Act shall be
    available for the purchase, in addition to those specifically provided
    for, of not to exceed 182 passenger motor vehicles, of which 142 shall
    be for replacement only, and for the hire of such vehicles.
        Sec. 702. New obligational authority provided for the following
    appropriation items in this Act shall remain available until expended:
    Animal and Plant Health Inspection Service, the contingency fund to
    meet emergency conditions, information technology infrastructure, fruit
    fly program, emerging plant pests, cotton pests program, avian
    influenza programs, grasshopper program, up to $9,750,000 in animal
    health monitoring and surveillance for the animal identification
    system, up to $1,500,000 in the scrapie program for indemnities, up to
    $3,000,000 in the emergency management systems program for the vaccine
    bank, up to $1,000,000 for wildlife services methods development, up to
    $1,000,000 of the wildlife services operations program for aviation
    safety, and up to 25 percent of the screwworm program; Food Safety and
    Inspection Service, Public Health Data Communication Infrastructure
    System; Cooperative State Research, Education, and Extension Service,
    funds for competitive research grants (7 U.S.C. 450i(b)), funds for the
    Research, Education, and Economics Information System, and funds for
    the Native American Institutions Endowment Fund; Farm Service Agency,
    salaries and expenses funds made available to county committees;
    Foreign Agricultural Service, middle-income country training program,
    and up to $2,000,000 of the Foreign Agricultural Service appropriation
    solely for the purpose of offsetting fluctuations in international
    currency exchange rates, subject to documentation by the Foreign
    Agricultural Service.
        Sec. 703. The Secretary of Agriculture may transfer unobligated
    balances of discretionary funds appropriated by this Act or other
    available unobligated discretionary balances of the Department of
    Agriculture to the Working Capital Fund for the acquisition of plant
    and capital equipment necessary for the financial management
    modernization initiative and the delivery of financial, administrative,
    and information technology services of primary benefit to the agencies
    of the Department of Agriculture: Provided, That none of the funds made
    available by this Act or any other Act shall be transferred to the
    Working Capital Fund without the prior approval of the agency
    administrator: Provided further, That none of the funds transferred to
    the Working Capital Fund pursuant to this section shall be available
    for obligation without the prior approval of the Committees on
    Appropriations of both Houses of Congress: Provided further, That none
    of the funds appropriated by this Act or made available to the
    Department's Working Capital Fund shall be available for obligation or
    expenditure to make any changes to the Department's National Finance
    Center without prior approval of the Committees on Appropriations of
    both Houses of Congress as required by section 713 of this Act.
        Sec. 704. 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. 705. No funds appropriated by this Act may be used to pay
    negotiated indirect cost rates on cooperative agreements or similar
    arrangements between the United States Department of Agriculture and
    nonprofit institutions in excess of 10 percent of the total direct cost
    of the agreement when the purpose of such cooperative arrangements is
    to carry out programs of mutual interest between the two parties. This
    does not preclude appropriate payment of indirect costs on grants and
    contracts with such institutions when such indirect costs are computed
    on a similar basis for all agencies for which appropriations are
    provided in this Act.
        Sec. 706. None of the funds in this Act shall be available to pay
    indirect costs charged against competitive agricultural research,
    education, or extension grant awards issued by the Cooperative State
    Research, Education, and Extension Service that exceed 20 percent of
    total Federal funds provided under each award: Provided, That
    notwithstanding section 1462 of the National Agricultural Research,
    Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
    provided by this Act for grants awarded competitively by the
    Cooperative State Research, Education, and Extension Service shall be
    available to pay full allowable indirect costs for each grant awarded
    under section 9 of the Small Business Act (15 U.S.C. 638).
        Sec. 707. Appropriations to the Department of Agriculture for the
    cost of direct and guaranteed loans made available in the current
    fiscal year shall remain available until expended to disburse
    obligations made in the current fiscal year for the following accounts:
    the Rural Development Loan Fund program account, the Rural
    Electrification and Telecommunication Loans program account, and the
    Rural Housing Insurance Fund program account.
        Sec. 708. Of the funds made available by this Act, not more than
    $1,800,000 shall be used to cover necessary expenses of activities
    related to all advisory committees, panels, commissions, and task
    forces of the Department of Agriculture, except for panels used to
    comply with negotiated rule makings and panels used to evaluate
    competitively awarded grants.
        Sec. 709. None of the funds appropriated by this Act may be used to
    carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
    679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
    471).
        Sec. 710. No employee of the Department of Agriculture may be
    detailed or assigned from an agency or office funded by this Act to any
    other agency or office of the Department for more than 30 days unless
    the individual's employing agency or office is fully reimbursed by the
    receiving agency or office for the salary and expenses of the employee
    for the period of assignment.
        Sec. 711. None of the funds appropriated or otherwise made
    available to the Department of Agriculture or the Food and Drug
    Administration shall be used to transmit or otherwise make available to
    any non-Department of Agriculture or non-Department of Health and Human
    Services employee questions or responses to questions that are a result
    of information requested for the appropriations hearing process.
        Sec. 712. None of the funds made available to the Department of
    Agriculture by this Act may be used to acquire new information
    technology systems or significant upgrades, as determined by the Office
    of the Chief Information Officer, without the approval of the Chief
    Information Officer and the concurrence of the Executive Information
    Technology Investment Review Board: Provided, That notwithstanding any
    other provision of law, none of the funds appropriated or otherwise
    made available by this Act may be transferred to the Office of the
    Chief Information Officer without the prior approval of the Committees
    on Appropriations of both Houses of Congress: Provided further, That
    none of the funds available to the Department of Agriculture for
    information technology shall be obligated for projects over $25,000
    prior to receipt of written approval by the Chief Information Officer.
        Sec. 713. (a) None of the funds provided by this Act, or provided
    by previous Appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in the current fiscal
    year, 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 which--
                (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 offices, programs, or activities; or
                (6) contracts out or privatizes any functions or activities
            presently performed by Federal employees; unless the Committees
            on Appropriations of both Houses of Congress are notified 15
            days in advance of such reprogramming of funds.
        (b) None of the funds provided by this Act, or provided by previous
    Appropriations Acts to the agencies funded by this Act that remain
    available for obligation or expenditure in the current fiscal year, 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, which-ever 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 from a reduction in personnel which would result in a change in
    existing programs, activities, or projects as approved by Congress;
    unless the Committees on Appropriations of both Houses of Congress are
    notified 15 days in advance of such reprogramming of funds.
        (c) The Secretary of Agriculture, the Secretary of Health and Human
    Services, or the Chairman of the Commodity Futures Trading Commission
    shall notify the Committees on Appropriations of both Houses of
    Congress before implementing a program or activity not carried out
    during the previous fiscal year unless the program or activity is
    funded by this Act or specifically funded by any other Act.
        Sec. 714. None of the funds appropriated by this or any other Act
    shall be used to pay the salaries and expenses of personnel who prepare
    or submit appropriations language as part of the President's Budget
    submission to the Congress of the United States for programs under the
    jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
    Development, Food and Drug Administration, and Related Agencies that
    assumes revenues or reflects a reduction from the previous year due to
    user fees proposals that have not been enacted into law prior to the
    submission of the Budget unless such Budget submission identifies which
    additional spending reductions should occur in the event the user fees
    proposals are not enacted prior to the date of the convening of a
    committee of conference for the fiscal year 2009 appropriations Act.
        Sec. 715. Notwithstanding any other provision of law, the Natural
    Resources Conservation Service shall provide financial and technical
    assistance--
                (1) from funds available for the Watershed and Flood
            Prevention Operations program for the Pocasset River Floodplain
            Management Project in the State of Rhode Island;
                (2) through the Watershed and Flood Prevention Operations
            program to carry out the East Locust Creek Watershed Plan
            Revision in Missouri, including up to 100 percent of the
            engineering assistance and 75 percent cost share for
            construction cost of site RW1;
                (3) through the Watershed Flood Prevention Operations
            program to carry out the Little Otter Creek Watershed project.
            The sponsoring local organization may obtain land rights by
            perpetual easements; and
                (4) through the Watershed and Flood Prevention Operations
            program to the McDowell Grove Dam Flood Plain/Wetlands
            Restoration Project in DuPage County, Illinois.
        Sec. 716. None of the funds made available by this or any other Act
    may be used to close or relocate a Rural Development office unless or
    until the Secretary of Agriculture determines the cost effectiveness
    and/or enhancement of program delivery: Provided, That not later than
    60 days before the date of the proposed closure or relocation, the
    Secretary notifies the Committees on Appropriation of the House and
    Senate, and the members of Congress from the State in which the office
    is located of the proposed closure or relocation and provides a report
    that describes the justifications for such closures and relocations.
        Sec. 717. None of the funds made available to the Food and Drug
    Administration by this Act shall be used to close or relocate, or to
    plan to close or relocate, the Food and Drug Administration Division of
    Pharmaceutical Analysis in St. Louis, Missouri, outside the city or
    county limits of St. Louis, Missouri.
        Sec. 718. Notwithstanding any other provision of law, of the funds
    made available in this Act for competitive research grants (7 U.S.C.
    450i(b)), the Secretary may use up to 26 percent of the amount provided
    to carry out a competitive grants program under the same terms and
    conditions as those provided in section 401 of the Agricultural
    Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
        Sec. 719. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the salaries
    and expenses of personnel to carry out an environmental quality
    incentives program authorized by chapter 4 of subtitle D of title XII
    of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.) in excess
    of $1,000,000,000.
        Sec. 720. None of the funds made available in fiscal year 2008 or
    preceding fiscal years for programs authorized under the Agricultural
    Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
    excess of $20,000,000 shall be used to reimburse the Commodity Credit
    Corporation for the release of eligible commodities under section
    302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C.
    1736f-1): Provided, That any such funds made available to reimburse the
    Commodity Credit Corporation shall only be used pursuant to section
    302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
        Sec. 721. No funds shall be used to pay salaries and expenses of
    the Department of Agriculture to carry out or administer the program
    authorized by section 14(h)(1) of the Watershed Protection and Flood
    Prevention Act (16 U.S.C. 1012(h)(1)).
        Sec. 722. Notwithstanding subsections (c) and (e)(2) of section
    313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
    implementing section 313A of that Act, the Secretary shall, with the
    consent of the lender, structure the schedule for payment of the annual
    fee, not to exceed an average of 30 basis points per year for the term
    of the loan, to ensure that sufficient funds are available to pay the
    subsidy costs for note guarantees under that section.
        Sec. 723. None of the funds made available by this Act may be used
    to issue a final rule in furtherance of, or otherwise implement, the
    proposed rule on cost-sharing for animal and plant health emergency
    programs of the Animal and Plant Health Inspection Service published on
    July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
        Sec. 724. There is hereby appropriated $437,000, to remain
    available until expended, for the Denali Commission to address
    deficiencies in solid waste disposal sites which threaten to
    contaminate rural drinking water supplies.
        Sec. 725. Funds made available under section 1240I and section
    1241(a) of the Food Security Act of 1985 in the current fiscal year
    shall remain available until expended to disburse obligations made in
    the current fiscal year. Funds made available under section 524(b) of
    the Federal Crop Insurance Act, 7 U.S.C. 1524(b), in fiscal years 2004,
    2005, 2006, 2007, and 2008 shall remain available until expended to
    disburse obligations made in fiscal years 2004, 2005, 2006, 2007, and
    2008 respectively, and except for fiscal year 2008 funds, are not
    available for new obligations.
        Sec. 726. None of the funds provided in this Act may be used for
    salaries and expenses to draft or implement any regulation or rule
    insofar as it would require recertification of rural status for each
    electric and telecommunications borrower for the Rural Electrification
    and Telecommunication Loans program.
        Sec. 727. Unless otherwise authorized by existing law, none of the
    funds provided in this Act, may be used by an executive branch agency
    to produce any prepackaged news story intended for broadcast or
    distribution in the United States unless the story includes a clear
    notification within the text or audio of the prepackaged news story
    that the prepackaged news story was prepared or funded by that
    executive branch agency.
        Sec. 728. Notwithstanding any other provision of law, any former
    RUS borrower that has repaid or prepaid an insured, direct or
    guaranteed loan under the Rural Electrification Act, or any not-for-
    profit utility that is eligible to receive an insured or direct loan
    under such Act, shall be eligible for assistance under Section
    313(b)(2)(B) of such Act in the same manner as a borrower under such
    Act.
        Sec. 729. Notwithstanding any other provision of law, the Secretary
    of Agriculture is authorized to make funding and other assistance
    available through the emergency watershed protection program under
    section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) to
    repair and prevent damage to non-Federal land in watersheds that have
    been impaired by fires initiated by the Federal Government and shall
    waive cost sharing requirements for the funding and assistance.
        Sec. 730. None of the funds made available in this Act may be used
    to study, complete a study of, or enter into a contract with a private
    party to carry out, without specific authorization in a subsequent Act
    of Congress, a competitive sourcing activity of the Secretary of
    Agriculture, including support personnel of the Department of
    Agriculture, relating to rural development or farm loan programs.
        Sec. 731. Of the amount available for Estimated Future Needs under
    section 32 of the Act of August 24, 1935, $184,000,000 are hereby
    rescinded: Provided, That in addition, of the unobligated balances
    under section 32 of the Act of August 24, 1935, $500,000,000 are hereby
    rescinded.
        Sec. 732. Of the appropriations available for payments for the
    nutrition and family education program for low-income areas under
    section 3(d) of the Smith-Lever Act (7 U.S.C. 343(d)), if the payment
    allocation pursuant to section 1425(c) of the National Agricultural
    Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3175(c))
    would be less than $100,000 for any institution eligible under section
    3(d)(2) of the Smith-Lever Act, the Secretary shall adjust payment
    allocations under section 1425(c) of the National Agricultural
    Research, Extension, and Teaching Policy Act of 1977 to ensure that
    each institution receives a payment of not less than $100,000.
        Sec. 733. None of the funds made available in this Act may be used
    to establish or implement a rule allowing poultry products to be
    imported into the United States from the People's Republic of China.
        Sec. 734. There is hereby appropriated $3,750,000, to remain
    available until expended, for a grant to the National Center for
    Natural Products Research for construction or renovation to carry out
    the research objectives of the natural products research grant issued
    by the Food and Drug Administration.
        Sec. 735. There is hereby appropriated $150,000, to remain
    available until expended, for the planning and design of construction
    of an agriculture pest facility in the State of Hawaii.
        Sec. 736. None of the funds made available to the Department of
    Agriculture in this Act may be used to implement the risk-based
    inspection program in the 30 prototype locations announced on February
    22, 2007, by the Under Secretary for Food Safety, or at any other
    locations, until the USDA Office of Inspector General has provided its
    findings to the Food Safety and Inspection Service and the Committees
    on Appropriations of the House of Representatives and the Senate on the
    data used in support of the development and design of the risk-based
    inspection program and FSIS has addressed and resolved issues
    identified by OIG.
        Sec. 737. The Secretary of Agriculture shall continue the Water and
    Waste Systems Direct Loan Program under the authority and conditions
    (including the fees, borrower interest rate, and the President's
    economic assumptions for the 2008 Fiscal Year, as of June 1, 2007)
    provided by the ``Continuing Appropriations Resolution, 2007''.
        Sec. 738. (a) Section 13(b) of the Richard B. Russell National
    School Lunch Act (42 U.S.C. 1761(b)) is amended--
                (1) in paragraph (1)--
                        (A) by striking subparagraph (A);
                        (B) by redesignating subparagraphs (B) through (D)
                    as subparagraphs (A) through (C), respectively;
                        (C) in subparagraph (A) (as redesignated by
                    subparagraph (B)), striking ``(B)'' and all that
                    follows through ``shall not exceed'' and inserting the
                    following:
                        ``(A) In general.--Subject to subparagraph (B) and
                    in addition to amounts made available under paragraph
                    (3), payments to service institutions shall be'';
                        (D) in subparagraph (B) (as redesignated by
                    subparagraph (B)), by striking ``subparagraph (B)'' and
                    inserting ``subparagraph (A)''; and
                        (E) in subparagraph (C) (as redesignated by
                    subparagraph (B)), by striking ``(A), (B), and (C)''
                    and inserting ``(A) and (B)''; and
                (2) in the second sentence of paragraph (3), by striking
            ``full amount of State approved'' and all that follows through
            ``maximum allowable''.
        (b) Conforming Amendment.--Section 18 of the Richard B. Russell
    National School Lunch Act (42 U.S.C. 1769) is amended--
                (1) by striking subsection (f); and
                (2) by redesignating subsection (g) through (k) as
            subsections (f) through (j), respectively.
        (c) Effective Date.--The amendments made by this section take
    effect on January 1 of the first full calendar year following the date
    of enactment of this Act.
        Sec. 739. There is hereby appropriated $9,900,000, to remain
    available until September 30, 2009, which, in conjunction with all
    unobligated balances available to the Secretary under section 18(g) of
    the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g))
    shall be used to continue the Fresh Fruit and Vegetable Program (42
    U.S.C. 1769(g)) in all currently participating States and expand the
    program to all the contiguous States and, Alaska, Hawaii and the
    District of Columbia not currently served by the authorized program:
    Provided, That of funds available under this section, not to exceed 5
    percent may be available for Federal administrative costs, as
    determined by the Secretary of Agriculture: Provided further, That for
    the purposes of this section, ``currently participating States'' shall
    be defined as those authorized to participate under section 18(g) of
    the Richard B. Russell National School Lunch Act (42 U.S.C. 1769(g)) as
    well as those authorized to participate under section 779 of Public Law
    109-97: Provided further, That implementation of the program in new
    States shall begin with school year 2008/2009.
        Sec. 740. Section 704 of the Department of Agriculture Organic Act
    of 1944 (7 U.S.C. 2258) is amended by striking the first proviso.
        Sec. 741. None of the funds made available in this Act may be used
    to pay the salaries or expenses of personnel to--
                (1) inspect horses under section 3 of the Federal Meat
            Inspection Act (21 U.S.C. 603);
                (2) inspect horses under section 903 of the Federal
            Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901
            note; Public Law 104-127); or
                (3) implement or enforce section 352.19 of title 9, Code of
            Federal Regulations.
        Sec. 742. There is hereby appropriated $800,000 to the Farm Service
    Agency to carry out a pilot program to demonstrate the use of new
    technologies that increase the rate of growth of re-forested hardwood
    trees on private non-industrial forests lands, enrolling lands on the
    coast of the Gulf of Mexico that were damaged by Hurricane Katrina in
    2005.
        Sec. 743. (a) Sections 9001(a) and 9002 of the U.S. Troop
    Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
    Appropriations Act, 2007 (Public Law 110-28; 121 Stat. 211, 214) are
    amended by striking ``February 28, 2007'' each place it occurs and
    inserting ``December 31, 2007''.
        (b) There is hereby appropriated $20,000,000 for the ``Farm Service
    Agency, Salaries and Expenses''.
        (c) Each amount provided by this section is designated as described
    in section 5 (in the matter preceding division A of this consolidated
    Act).
        Sec. 744. Section 17(r)(5) of the Richard B. Russell National
    School Lunch Act (42 U.S.C. 1766(r)(5)) is amended--
                (1) by striking ``seven'' and inserting ``eight'';
                (2) by striking ``five'' and inserting ``six''; and
                (3) by inserting ``West Virginia,'' after the first
            instance of ``States shall be''.
        Sec. 745. Hereafter, notwithstanding any other provision of law, of
    the funds made available for the Commodity Assistance Program under
    division B of Public Law 109-148, Emergency Supplemental Appropriations
    to Address Hurricanes in the Gulf of Mexico and Pandemic Influenza,
    2006, all unexpended funds shall be made available to support normal
    program operations of the Commodity Supplemental Food Program under the
    Agriculture and Consumer Protection Act of 1973 and of the Emergency
    Food Assistance Program under the Emergency Food Assistance Act of
    1983: Provided, That any commodities purchased with funds made
    available under Public Law 109-148 and remaining undistributed shall be
    used to support normal program operations under the authorities cited
    in this section.
        Sec. 746. Notwithstanding any other provision of law, and until
    receipt of the decennial Census for the year 2010, the Secretary of
    Agriculture shall consider--
                (1) the City of Alamo, Texas; the City of Mercedes, Texas;
            the City of Weslaco, Texas; the City of Donna, Texas; the City
            of La Feria, Texas; and the City of Northampton, Massachusetts,
            (including individuals and entities with projects within the
            cities) eligible for loans and grants funded through the Rural
            Business Program account;
                (2) the City of Bainbridge Island, Washington; the City of
            Keene, New Hampshire; and the City of Havelock, North Carolina,
            (including individuals and entities with projects within the
            cities) eligible for loans and grants funded through the Rural
            Community Facilities Program account;
                (3) the City of Freeport, Illinois; Kitsap County (except
            the City of Bremerton), Washington; the City of Atascadero,
            California; and the City of Paso Robles, California, (including
            individuals and entities with projects within the cities)
            eligible for loans and grants funded through the Rural Housing
            Insurance Fund Program account and the Rural Housing Assistance
            Grants account;
                (4) the City of Canton, Mississippi, (including individuals
            and entities with projects within the cities) eligible for
            loans and grants funded through the Rural Water and Waste
            Disposal Program account;
                (5) the City of Parsons, Kansas; the Town of Boone, North
            Carolina; the City of Henderson, North Carolina; and the City
            of Lenoir, North Carolina, to be rural areas for the purposes
            of eligibility for loans and grants funded through the Rural
            Water and Waste Disposal Program account;
                (6) the City of Lansing, Kansas, a rural area for purposes
            of eligibility for Rural Housing Service programs, and the City
            of Leavenworth, Kansas, and the City of Lansing, Kansas, as
            separate geographic entities for purposes of Rural Development
            grants and loans;
                (7) the City of Binghamton, New York, for the purpose of
            upgrading a trunk line for waste transport to the Town of
            Conklin, New York, (including individuals and entities with
            projects within the cities) eligible for loans and grants
            funded through the Rural Water and Waste Disposal Program
            account;
                (8) the County of Lexington, South Carolina, shall be
            considered to be a rural area for the purposes of financing a
            farmers' market under the Business and Industry Loan Guarantee
            Program in a local area that has rural characteristics as
            determined by the Secretary; and
                (9) the service areas being acquired by Mid-Kansas Electric
            Cooperative, except for the City of Dodge City, Kansas, shall
            be considered eligible for financing under the Rural
            Electrification Act of 1936, as amended.
        Sec. 747. None of the funds made available in this Act may be
    used--
                (1) to terminate any of the 13 field laboratories that are
            operated by the Food and Drug Administration as of January 1,
            2007, or 20 District Offices, or any of the inspection or
            compliance functions of any of the 20 District Offices, of the
            Food and Drug Administration functioning as of January 1, 2007;
            or
                (2) to consolidate any such laboratory with any other
            laboratory, or any such District Office, or any of the
            inspection or compliance functions of any District Office, with
            any other District Office.
        Sec. 748. Hereafter, the Secretary may use funds made available in
    chapter 1 of division B of Public Law 109-148 for direct and guaranteed
    loans under title V of the Housing Act of 1949, to make or guarantee
    loans, as authorized under such Act, to finance housing and repairs to
    housing in rural areas affected by hurricanes that occurred during the
    2005 calendar year.
        Sec. 749. Of the unobligated balances provided pursuant to section
    16(h)(1)(A) of the Food Stamp Act of 1977, $10,500,000 is hereby
    rescinded.
        Sec. 750. Of the unobligated balances available in the Child and
    Adult Care Food Program for the purpose of conducting audits of
    participating institutions as provided for under section 796 of Public
    Law 109-97, $3,500,000 is hereby rescinded.

    SEC. 751. EXTENSION OF AGRICULTURAL PROGRAMS.

        (a) Extension.--Except as otherwise provided in this Act and
    notwithstanding any other provision of law, the authorities provided
    under the Farm Security and Rural Investment Act of 2002 (Public Law
    107-171; 7 U.S.C. 7901 et seq.) and each amendment made by that Act
    (and for mandatory programs at such funding levels), as in effect on
    September 30, 2007, shall continue, and the Secretary of Agriculture
    shall carry out the authorities, until March 15, 2008.
        (b) Conservation Programs.--
                (1) Farmland protection program.--Notwithstanding any other
            provision of law, the Secretary of Agriculture (referred to in
            this subsection as the ``Secretary'') shall continue the
            farmland protection program established under subchapter B of
            chapter 2 of subtitle D of title XII of the Food Security Act
            of 1985 (16 U.S.C. 3838h et seq.) at a funding level of
            $97,000,000 per year.
                (2) Ground and surface water conservation.--Notwithstanding
            any other provision of law, the Secretary shall continue the
            ground and surface water conservation program established under
            section 1240I of the Food Security Act of 1985 (16 U.S.C.
            3839aa-9) at a funding level of $60,000,000 per year.
                (3) Wildlife habitat incentives program.--Notwithstanding
            any other provision of law, the Secretary shall continue the
            wildlife habitat incentive program established under section
            1240N of the Food Security Act of 1985 (16 U.S.C. 3839bb-1) at
            a funding level of $85,000,000 per year.
        (c) Exceptions.--This section does not apply with respect to--
                (1) section 1307(a)(6) of the Farm Security and Rural
            Investment Act of 2002 (7 U.S.C. 7957(a)(6));
                (2) section 524(b) of the Federal Crop Insurance Act (7
            U.S.C. 1524(b));
                (3) section 25 of the Food Stamp Act of 1977 (7 U.S.C.
            2034);
                (4) title VI of the Rural Electrification Act of 1936 (7
            U.S.C. 950bb et seq.);
                (5) section 231 of the Agricultural Risk Protection Act of
            2000 (7 U.S.C. 1621 note; Public Law 106-224);
                (6) section 9002 of the Farm Security and Rural Investment
            Act of 2002 (7 U.S.C. 8102);
                (7) section 9004 of the Farm Security and Rural Investment
            Act of 2002 (7 U.S.C. 8104);
                (8) section 9006 of the Farm Security and Rural Investment
            Act of 2002 (7 U.S.C. 8106); and
                (9) subtitles A through C of title I of the Farm Security
            and Rural Investment Act of 2002 (7 U.S.C. 7911 et seq.), with
            respect to the 2008 crops (other than the 2008 crop of a loan
            commodity described in paragraph (11), (12), or (13) of section
            1202(b) of the Farm Security and Rural Investment Act of 2002
            (7 U.S.C. 7932(b))).
        Sec. 752. (a) Except as provided in subsection (c), there is hereby
    rescinded an amount equal to 0.7 percent of the budget authority
    provided for fiscal year 2008 for any discretionary account in division
    A of this Act.
        (b) Any rescission made by subsection (a) shall be applied
    proportionately--
                (1) to each discretionary account and each item of budget
            authority described in subsection (a); and
                (2) within each such account and item, to each program,
            project, and activity (with programs, projects, and activities
            as delineated in the appropriation Act, accompanying reports,
            or explanatory statement for the relevant fiscal year covering
            such account or item).
        (c) The rescission in subsection (a) shall not apply to budget
    authority appropriated or otherwise made available by this Act in the
    following amounts in the following activities or accounts:
                (1) $6,020,000,000 provided for the Special Supplemental
            Nutrition Program for Women, Infants, and Children (WIC) in the
            Department of Agriculture in division A.
                (2) $930,120,000 provided for the Food Safety and
            Inspection Service in the Department of Agriculture in division
            A.
                (3) Any amount designated as described in section 5 (in the
            matter preceding division A of this consolidated Act).
        (d) Not later than 30 days after the date of enactment of this Act,
    the Director of the Office of Management and Budget shall submit to the
    Committee on Appropriations of the Senate and the Committee on
    Appropriations of the House of Representatives a report that specifies
    the account and amount of each rescission made pursuant to this
    section.
        This division may be cited as the ``Agriculture, Rural Development,
    Food and Drug Administration, and Related Agencies Appropriations Act,
    2008''.

         DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2008

                                    TITLE I

                             DEPARTMENT OF COMMERCE

                       International Trade Administration

                         operations and administration

        For necessary expenses for international trade activities of the
    Department of Commerce provided for by law, and for engaging in trade
    promotional activities abroad, including expenses of grants and
    cooperative agreements for the purpose of promoting exports of United
    States firms, without regard to 44 U.S.C. 3702 and 3703; full medical
    coverage for dependent members of immediate families of employees
    stationed overseas and employees temporarily posted overseas; travel
    and transportation of employees of the United States and Foreign
    Commercial Service between two points abroad, without regard to 49
    U.S.C. 40118; employment of Americans and aliens by contract for
    services; rental of space abroad for periods not exceeding 10 years,
    and expenses of alteration, repair, or improvement; purchase or
    construction of temporary demountable exhibition structures for use
    abroad; payment of tort claims, in the manner authorized in the first
    paragraph of 28 U.S.C. 2672 when such claims arise in foreign
    countries; not to exceed $327,000 for official representation expenses
    abroad; purchase of passenger motor vehicles for official use abroad,
    not to exceed $45,000 per vehicle; obtaining insurance on official
    motor vehicles; and rental of tie lines, $413,172,000, 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
    $40,520,923 shall be for Manufacturing and Services; $41,384,054 shall
    be for Market Access and Compliance; $62,712,833 shall be for the
    Import Administration of which $5,900,000 shall be for the Office of
    China Compliance; $236,945,290 shall be for the United States and
    Foreign Commercial Service; and $25,146,400 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, $72,855,000, to remain available until expended, of
    which $13,627,000 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, $249,100,000, to remain available until
    expended.

                             salaries and expenses

        For necessary expenses of administering the economic development
    assistance programs as provided for by law, $30,832,000: 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, $28,623,000.

                       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,
    $81,075,000, 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,
    $202,838,000.

                         periodic censuses and programs

        For necessary expenses to collect and publish statistics for
    periodic censuses and programs provided for by law, $1,027,406,000, to
    remain available until September 30, 2009: Provided, That none of the
    funds provided in this or any other Act for any fiscal year may be used
    for the collection of census data on race identification that does not
    include ``some other race'' as a category.

           National Telecommunications and Information Administration

                             salaries and expenses

        For necessary expenses, as provided for by law, of the National
    Telecommunications and Information Administration (NTIA), $17,466,000,
    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, $18,800,000, to remain available until
    expended as authorized by section 391 of the Act: 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.

                   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 $16,015,000 shall be for training of personnel:
    Provided further, That $1,000,000 may be transferred to ``Departmental
    Management'', ``Salaries and Expenses'' for activities associated with
    the National Intellectual Property Law Enforcement Coordination
    Council: 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 $1,000 shall be made available in fiscal year
    2008 for official reception and representation expenses: 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, $440,517,000, to remain available until expended, of which
    not to exceed $6,580,000 may be transferred to the ``Working Capital
    Fund'': Provided, That not to exceed $5,000 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,
    $89,640,000, to remain available until expended.
        In addition, for necessary expenses of the Technology Innovation
    Program of the National Institute of Standards and Technology,
    $65,200,000, to remain available until expended: Provided, That of the
    $70,200,000 provided for in direct obligations under this heading,
    $65,200,000 is appropriated from the general fund and $5,000,000 is
    derived from recoveries of prior year obligations from the Advanced
    Technology Program.

                      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,
    $160,490,000, to remain available until expended, of which $30,080,000
    is for a competitive construction grant program for research science
    buildings: 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, $7,332,000 shall be for the University of
    Mississippi Medical Center Biotechnology Research Park; $7,332,000
    shall be for the Mississippi State University Research, Technology and
    Economic Development Park; $1,598,000 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, $2,856,277,000, to remain available until
    September 30, 2009, except for funds provided for cooperative
    enforcement, which shall remain available until September 30, 2010:
    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 $2,941,277,000 provided for in direct
    obligations under this heading $2,856,277,000 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, $235,000 is made
    available until expended subject to procedures set forth in section 209
    of Public Law 108-447: Provided further, That the total amount
    available for the National Oceanic and Atmospheric Administration
    corporate services administrative support costs shall not exceed
    $206,484,000: 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 $34,164,000: 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
    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 of the
    funds provided, $13,395,000 is provided for the alleviation of economic
    impacts associated with Framework 42 on the Massachusetts groundfish
    fishery.
        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, $979,207,000, to remain available until
    September 30, 2010, 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, $67,000,000, to remain available until September
    30, 2009.

                          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 and not to exceed
    $59,000,000 for traditional direct loans as authorized by the Merchant
    Marine Act of 1936: Provided, That none of the funds made available
    under this heading may be used for direct loans for any new fishing
    vessel that will increase the harvesting capacity in any United States
    fishery.

                            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, $44,294,000: Provided, 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 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.

                       hchb renovation and modernization

        For expenses necessary for the renovation and modernization of the
    Herbert C. Hoover Building, $3,722,000, 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.), $22,020,000.

                   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 Committees 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 Act or any other law
    appropriating funds for the Department of Commerce: 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. (a) 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) 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) 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) 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. Hereafter, 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. Section 212(b) of the National Technical Information Act
    of 1988 (15 U.S.C. 3704b) 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. (a) The Secretary of Commerce is authorized to provide
    compensation to fishery participants who will be displaced by the 2011
    fishery closure resulting from the creation by Presidential
    proclamation of the Papahanaumokuakea Marine National Monument.
        (b) The Secretary shall promulgate regulations for the voluntary
    capacity reduction program that:
                (1) identifies eligible participants as those individuals
            holding commercial Federal fishing permits for either lobster
            or bottomfish in the designated waters within the
            Papahanaumokuakea Marine National Monument;
                (2) provides a mechanism to compensate eligible
            participants for no more than the economic value of their
            permits;
                (3) at the option of each eligible permit holder, provides
            an optional mechanism for additional compensation based on the
            value of the fishing vessel and gear of such participants who
            so elect to receive these additional funds, provided that the
            commercial fishing vessels of such participants will not be
            used for fishing.
        (c) There is authorized to be appropriated to the National Oceanic
    and Atmospheric Administration's National Marine Fisheries Service,
    $6,697,500 for fiscal year 2008.
        (d) 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. 112. (a) For purposes of this section--
                (1) the term ``Under Secretary'' means Under Secretary of
            Commerce for Oceans and Atmosphere;
                (2) 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;
                (3) 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);
                (4) the term ``development'' means the phase of a program
            following the formulation phase and beginning with the approval
            to proceed to implementation, as defined in NOAA Administrative
            Order 216-108, Department of Commerce Administrative Order 208-
            3, and NASA's Procedural Requirements 7120.5c, dated March 22,
            2005;
                (5) the term ``development cost'' means the total of all
            costs, including construction of facilities and civil servant
            costs, from the period beginning with the approval to proceed
            to implementation through the achievement of operational
            readiness, without regard to funding source or management
            control, for the life of the program;
                (6) the term ``life-cycle cost'' means the total of the
            direct, indirect, recurring, and nonrecurring costs, including
            the construction of facilities and civil servant costs, and
            other related expenses incurred or estimated to be incurred in
            the design, development, verification, production, operation,
            maintenance, support, and retirement of a program over its
            planned lifespan, without regard to funding source or
            management control;
                (7) the term ``major program'' means an activity approved
            to proceed to implementation that has an estimated life-cycle
            cost of more than $250,000,000;
                (8) the term ``baseline'' means the program as set
            following contract award and critical design review of the
            space and ground systems.
        (b)(1) NOAA shall not enter into a contract for development of a
    major program, unless the Under Secretary determines that--
                (A) the technical, cost, and schedule risks of the program
            are clearly identified and the program has developed a plan to
            manage those risks;
                (B) the technologies required for the program have been
            demonstrated in a relevant laboratory or test environment;
                (C) the program complies with all relevant policies,
            regulations, and directives of NOAA and the Department of
            Commerce;
                (D) the program has demonstrated a high likelihood of
            accomplishing its intended goals; and
                (E) the acquisition of satellites for use in the program
            represents a good value to accomplishing NOAA's mission.
        (2) The Under Secretary shall transmit a report describing the
    basis for the determination required under paragraph (1) to the
    appropriate congressional committees at least 30 days before entering
    into a contract for development under a major program.
        (3) The Under Secretary may not delegate the determination
    requirement under this subsection, except in cases in which the Under
    Secretary has a conflict of interest.
        (c)(1) Annually, at the same time as the President's annual budget
    submission to the Congress, the Under Secretary shall transmit to the
    appropriate congressional committees a report that includes the
    information required by this section for the satellite development
    program for which NOAA proposes to expend funds in the subsequent
    fiscal year. The report under this paragraph shall be known as the
    Major Program Annual Report.
        (2) The first Major Program Annual Report for NOAA's satellite
    development program shall include a Baseline Report that shall, at a
    minimum, include--
                (A) the purposes of the program and key technical
            characteristics necessary to fulfill those purposes;
                (B) an estimate of the life-cycle cost for the program,
            with a detailed breakout of the development cost, program
            reserves, and an estimate of the annual costs until development
            is completed;
                (C) the schedule for development, including key program
            milestones;
                (D) the plan for mitigating technical, cost, and schedule
            risks identified in accordance with subsection (b)(1)(A); and
                (E) the name of the person responsible for making
            notifications under subsection (d), who shall be an individual
            whose primary responsibility is overseeing the program.
        (3) For the major program for which a Baseline Report has been
    submitted, subsequent Major Program Annual Reports shall describe any
    changes to the information that had been provided in the Baseline
    Report, and the reasons for those changes.
        (d)(1) The individual identified under subsection (c)(2)(E) shall
    immediately notify the Under Secretary any time that individual has
    reasonable cause to believe that, for the major program for which he or
    she is responsible the development cost of the program has exceeded the
    estimate provided in the Baseline Report of the program by 20 percent
    or more.
        (2) Not later than 30 days after the notification required under
    paragraph (1), the individual identified under subsection (c)(2)(E)
    shall transmit to the Under Secretary a written notification explaining
    the reasons for the change in the cost of the program for which
    notification was provided under paragraph (1).
        (3) Not later than 15 days after the Under Secretary receives a
    written notification under paragraph (2), the Under Secretary shall
    transmit the notification to the appropriate congressional committees.
        (e) Not later than 30 days after receiving a written notification
    under subsection (d)(2), the Under Secretary shall determine whether
    the development cost of the program has exceeded the estimate provided
    in the Baseline Report of the program by 20 percent or more. If the
    determination is affirmative, the Under Secretary shall--
                (1) transmit to the appropriate congressional committees,
            not later than 15 days after making the determination, a report
            that includes--
                        (A) a description of the increase in cost and a
                    detailed explanation for the increase;
                        (B) a description of actions taken or proposed to
                    be taken in response to the cost increase; and
                        (C) a description of any impacts the cost increase,
                    or the actions described under subparagraph (B), will
                    have on any other program within NOAA.
                (2) if the Under Secretary intends to continue with the
            program, promptly initiate an analysis of the program, which
            shall include, at a minimum--
                        (A) the projected cost and schedule for completing
                    the program if current requirements of the program are
                    not modified;
                        (B) the projected cost and the schedule for
                    completing the program after instituting the actions
                    described under paragraph (1)(B); and
                        (C) a description of, and the projected cost and
                    schedule for, a broad range of alternatives to the
                    program. NOAA shall complete an analysis initiated
                    under paragraph (2) not later than 6 months after the
                    Under Secretary makes a determination under this
                    subsection. The Under Secretary shall transmit the
                    analysis to the appropriate congressional committees
                    not later than 30 days after its completion.
        (f) For the purposes of determining whether cost of the
    Geostationary Operational Environmental Satellite Program exceeds 20
    percent more than the baseline under this section, the estimate of the
    total life-cycle cost for GOES-R shall be the estimate provided with
    the NOAA Fiscal Year 2008 Presidential Budget justification (page 513).
        Sec. 113. (a) 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) 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) The Secretary may promulgate regulations to implement this
    section.
        Sec. 114. (a) Of the amounts provided for the ``National Oceanic
    and Atmospheric Administration, Operations, Research and Facilities'',
    $5,856,600 shall be for necessary expenses in support of an agreement
    between the Administrator of the National Oceanic and Atmospheric
    Administration and the National Academy of Sciences under which the
    National Academy of Sciences shall establish the Climate Change Study
    Committee to investigate and study the serious and sweeping issues
    relating to global climate change and make recommendations regarding
    what steps must be taken and what strategies must be adopted in
    response to global climate change, including the science and technology
    challenges thereof.
        (b) The agreement shall provide for: establishment of and
    appointment of members to the Climate Change Study Committee by the
    National Academy of Sciences; organization by the National Academy of
    Sciences of a Summit on Global Climate Change to help define the
    parameters of the study, not to exceed 3 days in length and to be
    attended by preeminent experts on global climate change selected by the
    National Academy of Sciences; and issuance of a report by the Climate
    Change Study Committee not later than 2 years after the date the
    Climate Change Study Committee is first convened, containing its
    findings, conclusions, and recommendations. Of such amount, $856,600
    shall be for the Summit on Global Climate Change and $5,000,000 shall
    be for the other activities of the Climate Change Study Committee.
        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, $97,832,000, 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 $12,221,000 is for Department Leadership; $7,383,000 is
    for Intergovernmental Relations/External Affairs; $11,402,000 is for
    Executive Support/Professional Responsibility; and $66,826,000 is for
    the Justice Management Division: Provided further, That any change in
    funding greater than 5 percent shall be submitted for approval to the
    House and Senate Committees 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.

                     justice information sharing technology

        For necessary expenses for information sharing technology,
    including planning, development, deployment and departmental direction,
    $85,540,000, to remain available until expended, of which not less than
    $19,740,000 is for the unified financial management system.

                tactical law enforcement wireless communications

        For the costs of developing and implementing a nation-wide
    Integrated Wireless Network supporting Federal law enforcement, and for
    the costs of operations and maintenance of existing Land Mobile Radio
    legacy systems, $74,260,000, 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.

                       administrative review and appeals

        For expenses necessary for the administration of pardon and
    clemency petitions and immigration-related activities, $232,649,000, 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 $3,760,000 shall be expended on the
    Executive Office for Immigration Review's Legal Orientation Programs.
        For an additional amount for ``Administrative Review and Appeals'',
    $8,000,000 shall be for border security and immigration enforcement
    along the Southwest border: Provided, That the amount provided by this
    paragraph is designated as described in section 5 (in the matter
    preceding division A of this consolidated Act).

                               detention trustee

        For necessary expenses of the Federal Detention Trustee,
    $1,225,920,000, to remain available until expended: Provided, That the
    Trustee shall be responsible for managing the Justice Prisoner and
    Alien Transportation System: Provided further, That 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,
    $70,603,000, 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, $11,462,000.

                                Legal Activities

                salaries and expenses, general legal activities

        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, $735,549,000, of which not to exceed $10,000,000
    for litigation support contracts 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 205 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.
        For an additional amount for ``Legal Activities, General Legal
    Activities'', $10,000,000 shall be for border security and immigration
    enforcement along the Southwest border: Provided, That the amount
    provided by this paragraph is designated as described in section 5 (in
    the matter preceding division A of this consolidated Act).
        In addition, for reimbursement of expenses of the Department of
    Justice associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986, not to exceed $6,833,000, to be
    appropriated from the Vaccine Injury Compensation Trust Fund.

                   salaries and expenses, antitrust division

        For expenses necessary for the enforcement of antitrust and kindred
    laws, $147,819,000, to remain available until expended: Provided, That,
    notwithstanding any other provision of law, 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 (and estimated to be $139,000,000 in fiscal year 2008),
    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 $8,819,000.

                 salaries and expenses, united states attorneys

        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 shall be available for official reception and
    representation expenses: Provided further, That not to exceed
    $20,000,000 shall remain available until expended: Provided further,
    That of the amount provided under this heading, $5,000,000 shall be
    used for salaries and expenses for hiring assistant U.S. Attorneys to
    carry out section 704 of the Adam Walsh Child Protection and Safety Act
    of 2006 (Public Law 109-248) concerning the prosecution of offenses
    relating to the sexual exploitation of children.
        For an additional amount for ``Salaries and Expenses, United States
    Attorneys'', $7,000,000 shall be for border security and immigration
    enforcement along the Southwest border: Provided, That the amount
    provided by this paragraph is designated as described in section 5 (in
    the matter preceding division A of this consolidated Act).

                       united states trustee system fund

        For necessary expenses of the United States Trustee Program, as
    authorized, $209,763,000, of which $20,000,000 shall be from prior year
    unobligated balances from funds previously appropriated, 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
    $763,000.

          salaries and expenses, foreign claims settlement commission

        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, $1,606,000.

                         united states marshals service

                             salaries and expenses

        For necessary expenses of the United States Marshals Service,
    $849,219,000; of which not to exceed $6,000 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; and of which not less than $11,653,000 shall
    be available for the costs of courthouse security equipment, including
    furnishings, relocations, and telephone systems and cabling, and shall
    remain available until expended.
        For an additional amount for ``United States Marshals Service,
    Salaries and Expenses'', $15,000,000 shall be for border security and
    immigration enforcement along the Southwest border: Provided, That the
    amount provided by this paragraph is designated as described in section
    5 (in the matter preceding division A of this consolidated Act).

                                  construction

        For construction in space controlled, occupied or utilized by the
    United States Marshals Service for prisoner holding and related
    support, $2,304,000, 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.

               salaries and expenses, community relations service

        For necessary expenses of the Community Relations Service,
    $9,794,000: Provided, That notwithstanding section 205 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.

                             assets forfeiture fund

        For expenses authorized by 28 U.S.C. 524(c)(1)(B), (F), and (G),
    $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, $73,373,000; of which not to exceed $5,000,000 for
    information technology systems shall remain available until expended:
    Provided, That notwithstanding section 205 of this Act, upon a
    determination by the Attorney General that emergent circumstances
    require additional funding for the activities of the National Security
    Division, the Attorney General may transfer such amounts to this
    heading from available appropriations for the current fiscal year for
    the Department of Justice, as may be necessary to respond to such
    circumstances: Provided further, That any transfer pursuant to the
    previous proviso shall be treated as a reprogramming under section 505
    of this Act and shall not be available for obligation or expenditure
    except in compliance with the procedures set forth in that section.

                          Interagency Law Enforcement

                     interagency crime and drug enforcement

        For necessary expenses for the identification, investigation, and
    prosecution of individuals associated with the most significant drug
    trafficking and affiliated money laundering organizations not otherwise
    provided for, to include inter-governmental agreements with State and
    local law enforcement agencies engaged in the investigation and
    prosecution of individuals involved in organized crime drug
    trafficking, $497,935,000, 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; $6,349,950,000; 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 in 2008 for expenses associated with the celebration
    of the 100th anniversary of the Federal Bureau of Investigation.
        For an additional amount for ``Federal Bureau of Investigation,
    Salaries and Expenses'', $143,539,000 to address emerging threats in
    counterterrorism and cyber security: Provided, That the amount provided
    by this paragraph is designated as described in section 5 (in the
    matter preceding division A of this consolidated Act).

                                  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; $164,200,000, to
    remain available until expended.

                        Drug Enforcement Administration

                             salaries and expenses

        For necessary expenses of the Drug Enforcement Administration,
    including not to exceed $70,000 to meet unforeseen emergencies of a
    confidential character pursuant to 28 U.S.C. 530C; and 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,
    $1,855,569,000; 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.
        For an additional amount for ``Drug Enforcement Administration,
    Salaries and Expenses'', $2,000,000 for a communications intercept
    initiative in Afghanistan: Provided, That the amount provided by this
    paragraph is designated as described in section 5 (in the matter
    preceding division A of this consolidated Act).

              Bureau of Alcohol, Tobacco, Firearms and Explosives

                             salaries and expenses

        For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms
    and Explosives, including the purchase of not to exceed 822 vehicles
    for police-type use, of which 650 shall be for replacement only; not to
    exceed $40,000 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, $984,097,000, 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, beginning
    in fiscal year 2008 and thereafter, no funds appropriated under this or
    any other Act may be used to disclose part or all of the contents of
    the Firearms Trace System database maintained by the National Trace
    Center of the Bureau of Alcohol, Tobacco, Firearms and Explosives or
    any information required to be kept by licensees pursuant to section
    923(g) of title 18, United States Code, or required to be reported
    pursuant to paragraphs (3) and (7) of such section 923(g), except to:
    (1) a Federal, State, local, tribal, or foreign law enforcement agency,
    or a Federal, State, or local prosecutor, solely in connection with and
    for use in a criminal investigation or prosecution; or (2) a Federal
    agency for a national security or intelligence purpose; and all such
    data shall be immune from legal process, shall not be subject to
    subpoena or other discovery, shall be inadmissible in evidence, and
    shall not be used, relied on, or disclosed in any manner, nor shall
    testimony or other evidence be permitted based on the data, in a civil
    action in any State (including the District of Columbia) or Federal
    court or in an administrative proceeding other than a proceeding
    commenced by the Bureau of Alcohol, Tobacco, Firearms and Explosives to
    enforce the provisions of chapter 44 of such title, or a review of such
    an action or proceeding; except that this proviso shall not be
    construed to prevent: (A) the disclosure of statistical information
    concerning total production, importation, and exportation by each
    licensed importer (as defined in section 921(a)(9) of such title) and
    licensed manufacturer (as defined in section 921(1)(10) of such title);
    (B) the sharing or exchange of such information among and between
    Federal, State, local, or foreign law enforcement agencies, Federal,
    State, or local prosecutors, and Federal national security,
    intelligence, or counterterrorism officials; or (C) the publication of
    annual statistical reports on products regulated by the Bureau of
    Alcohol, Tobacco, Firearms and Explosives, including total production,
    importation, and exportation by each licensed importer (as so defined)
    and licensed manufacturer (as so defined), or statistical aggregate
    data regarding firearms traffickers and trafficking channels, or
    firearms misuse, felons, and trafficking investigations: 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.

                                  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; $23,500,000, 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 669, of
    which 642 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,
    $5,050,440,000: Provided, That the Attorney General may transfer to the
    Health Resources and Services Administration such amounts as may be
    necessary for direct expenditures by that Administration for medical
    relief for inmates of Federal penal and correctional institutions:
    Provided further, That the Director of the Federal Prison System, where
    necessary, may enter into contracts with a fiscal agent or fiscal
    intermediary claims processor to determine the amounts payable to
    persons who, on behalf of the Federal Prison System, furnish health
    services to individuals committed to the custody of the Federal Prison
    System: Provided further, That not to exceed $6,000 shall be available
    for official reception and representation expenses: Provided further,
    That not to exceed $50,000,000 shall remain available for necessary
    operations until September 30, 2009: Provided further, That, of the
    amounts provided for contract confinement, not to exceed $20,000,000
    shall remain available until expended to make payments in advance for
    grants, contracts and reimbursable agreements, and other expenses
    authorized by section 501(c) of the Refugee Education Assistance Act of
    1980 (8 U.S.C. 1522 note), for the care and security in the United
    States of Cuban and Haitian entrants: Provided further, That the
    Director of the Federal Prison System may accept donated property and
    services relating to the operation of the prison card program from a
    not-for-profit entity which has operated such program in the past
    notwithstanding the fact that such not-for-profit entity furnishes
    services under contracts to the Federal Prison System relating to the
    operation of pre-release services, halfway houses, or other custodial
    facilities.

                            buildings and facilities

        For planning, acquisition of sites and construction of new
    facilities; purchase and acquisition of facilities and remodeling, and
    equipping of such facilities for penal and correctional use, including
    all necessary expenses incident thereto, by contract or force account;
    and constructing, remodeling, and equipping necessary buildings and
    facilities at existing penal and correctional institutions, including
    all necessary expenses incident thereto, by contract or force account,
    $372,720,000, 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 $2,328,000 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. 3711 et seq.) (``the 1968 Act''); the Violent Crime Control
    and Law Enforcement Act of 1994 (Public Law 103-322) (``the 1994
    Act''); the Victims of Child Abuse Act of 1990 (Public Law 101-647)
    (``the 1990 Act''); the Prosecutorial Remedies and Other Tools to end
    the Exploitation of Children Today Act of 2003 (Public Law 108-21); 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) (``the 2000 Act''); and the
    Violence Against Women and Department of Justice Reauthorization Act of
    2005 (Public Law 109-162) (``the 2005 Act''); $400,000,000, 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) $13,160,000 for the court-appointed special advocate
            program, as authorized by section 217 of the 1990 Act;
                (2) $2,350,000 for child abuse training programs for
            judicial personnel and practitioners, as authorized by section
            222 of the 1990 Act;
                (3) $183,800,000 for grants to combat violence against
            women, as authorized by part T of the 1968 Act, of which--
                        (A) $17,390,000 shall be for transitional housing
                    assistance grants for victims of domestic violence,
                    stalking or sexual assault as authorized by section
                    40299 of the 1994 Act; and
                        (B) $1,880,000 shall be for the National Institute
                    of Justice for research and evaluation of violence
                    against women and related issues addressed by grant
                    programs of the Office on Violence Against Women;
                (4) $59,220,000 for grants to encourage arrest policies as
            authorized by part U of the 1968 Act;
                (5) $9,400,000 for sexual assault victims assistance, as
            authorized by section 202 of the 2005 Act;
                (6) $40,420,000 for rural domestic violence and child abuse
            enforcement assistance grants, as authorized by section 40295
            of the 1994 Act;
                (7) $3,290,000 for training programs as authorized by
            section 40152 of the 1994 Act, and for related local
            demonstration projects;
                (8) $2,820,000 for grants to improve the stalking and
            domestic violence databases, as authorized by section 40602 of
            the 1994 Act;
                (9) $9,400,000 for grants to reduce violent crimes against
            women on campus, as authorized by section 304 of the 2005 Act;
                (10) $36,660,000 for legal assistance for victims, as
            authorized by section 1201 of the 2000 Act;
                (11) $4,230,000 for enhancing protection for older and
            disabled women from domestic violence and sexual assault, as
            authorized by section 40802 of the 1994 Act;
                (12) $13,630,000 for the safe havens for children program,
            as authorized by section 1301 of the 2000 Act;
                (13) $6,580,000 for education and training to end violence
            against and abuse of women with disabilities, as authorized by
            section 1402 of the 2000 Act;
                (14) $2,820,000 for an engaging men and youth in prevention
            program, as authorized by the 2005 Act;
                (15) $940,000 for analysis and research on violence against
            Indian women, as authorized by section 904 of the 2005 Act;
                (16) $940,000 for tracking of violence against Indian
            women, as authorized by section 905 of the 2005 Act;
                (17) $2,820,000 for services to advocate and respond to
            youth, as authorized by section 401 of the 2005 Act;
                (18) $2,820,000 for grants to assist children and youth
            exposed to violence, as authorized by section 303 of the 2005
            Act;
                (19) $2,820,000 for the court training and improvements
            program, as authorized by section 105 of the 2005 Act;
                (20) $940,000 for grants for televised testimony, as
            authorized by part N of the 1968 Act; and
                (21) $940,000 for the National Resource Center on Workplace
            Responses to assist victims of domestic violence, as authorized
            by section 41501 of the 1994 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.); 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); the Violence Against
    Women and Department of Justice Reauthorization Act of 2005 (Public Law
    109-162); the Victims of Crime Act of 1984 (Public Law 98-473); the
    Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109-
    248); subtitle D of title II of the Homeland Security Act of 2002
    (Public Law 107-296), which may include research and development; and
    other programs (including Statewide Automated Victims Notification
    Program); including salaries and expenses in connection therewith,
    $196,184,000, 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 to exceed
    $127,915,000 shall be expended in total for Office of Justice Programs
    management and administration.

                   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) (``the 1990 Act''); the Trafficking Victims
    Protection Reauthorization Act of 2005 (Public Law 109-164); the
    Violence Against Women and Department of Justice Reauthorization Act of
    2005 (Public Law 109-162); the Adam Walsh Child Protection and Safety
    Act of 2006 (Public Law 109-248); and the Victims of Trafficking and
    Violence Protection Act of 2000 (Public Law 106-386); and other
    programs; $908,136,000 (including amounts for administrative costs,
    which shall be transferred to and merged with the ``Justice
    Assistance'' account), to remain available until expended as follows:
                (1) $170,433,000 for the Edward Byrne Memorial Justice
            Assistance Grant program as authorized by subpart 1 of part E
            of title I of the 1968 Act, (except that section 1001(c), and
            the special rules for Puerto Rico under section 505(g), of the
            1968 Act, shall not apply for purposes of this Act), of which
            $2,000,000 is for use by the National Institute of Justice in
            assisting units of local government to identify, select,
            develop, modernize, and purchase new technologies for use by
            law enforcement and $2,000,000 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) $410,000,000 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));
                (3) $30,080,000 for the Southwest Border Prosecutor
            Initiative to reimburse State, county, parish, tribal, or
            municipal governments for costs associated with the prosecution
            of criminal cases declined by local offices of the United
            States Attorneys;
                (4) $2,820,000 for the Northern Border Prosecutor
            Initiative to reimburse State, county, parish, tribal, or
            municipal governments for costs associated with the prosecution
            of criminal cases declined by local offices of the United
            States Attorneys;
                (5) $187,513,000 for discretionary grants to improve the
            functioning of the criminal justice system and to assist
            victims of crime (other than compensation);
                (6) $16,000,000 for competitive grants to improve the
            functioning of the criminal justice system and to assist
            victims of crime (other than compensation);
                (7) $940,000 for the Missing Alzheimer's Disease Patient
            Alert Program, as authorized by section 240001(c) of the 1994
            Act;
                (8) $9,400,000 for victim services programs for victims of
            trafficking, as authorized by section 107(b)(2) of Public Law
            106-386 and for programs authorized under Public Law 109-164;
                (9) $15,200,000 for Drug Courts, as authorized by section
            1001(25)(A) of title I of the 1968 Act;
                (10) $7,050,000 for a prescription drug monitoring program;
                (11) $17,860,000 for prison rape prevention and prosecution
            and other programs, as authorized by the Prison Rape
            Elimination Act of 2003 (Public Law 108-79) including
            statistics, data, and research, of which $1,692,000 shall be
            transferred to the National Prison Rape Elimination Commission
            for authorized activities;
                (12) $9,400,000 for grants for Residential Substance Abuse
            Treatment for State Prisoners, as authorized by part S of the
            1968 Act;
                (13) $22,440,000 for assistance to Indian tribes, of
            which--
                        (A) $8,630,000 shall be available for grants under
                    section 20109 of subtitle A of title II of the 1994
                    Act;
                        (B) $8,630,000 shall be available for the Tribal
                    Courts Initiative; and
                        (C) $5,180,000 shall be available for tribal
                    alcohol and substance abuse reduction assistance
                    grants;
                (14) $2,500,000 for the Capital Litigation Improvement
            Grant Program as authorized by section 426 of Public Law 108-
            405; and
                (15) $6,500,000 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:
    Provided, That, if a unit of local government uses any of the funds
    made available under this heading to increase the number of law
    enforcement officers, the unit of local government will achieve a net
    gain in the number of law enforcement officers who perform
    nonadministrative public safety service.
        For an additional amount for ``State and Local Law Enforcement
    Assistance'', $100,000,000 for security and related costs, including
    overtime, associated with the two principal 2008 Presidential Candidate
    Nominating Conventions, to be divided equally between the conventions:
    Provided, That the amount provided by this paragraph is designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act).

                           weed and seed program fund

        For necessary expenses, including salaries and related expenses of
    the Office of Weed and Seed Strategies, to implement ``Weed and Seed''
    program activities, $32,100,000, to remain available until expended, as
    authorized by section 103 of the Omnibus Crime Control and Safe Streets
    Act of 1968.

                      community oriented policing services

        For activities authorized by the Violent Crime Control and Law
    Enforcement Act of 1994 (Public Law 103-322); 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); subtitle D of title II of the Homeland Security Act of 2002
    (Public Law 107-296), which may include research and development; and
    the USA PATRIOT Improvement and Reauthorization Act of 2005 (Public Law
    109-177) (including administrative costs), $587,233,000, 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 reimbursable services associated with programs
    administered by the Community Oriented Policing Services Office:
    Provided further, That any balances made available through prior year
    deobligations shall only be available in accordance with section 505 of
    this Act. Of the amount provided (which shall be by transfer, for
    programs administered by the Office of Justice Programs)--
                (1) $25,850,000 is for the matching grant program for armor
            vests for law enforcement officers, as authorized by section
            2501 of the 1968 Act: Provided, That $1,880,000 is transferred
            directly to the National Institute of Standards and
            Technology's Office of Law Enforcement Standards from the
            Community Oriented Policing Services Office for research,
            testing, and evaluation programs;
                (2) $61,187,000 is for grants to entities described in
            section 1701 of the 1968 Act, to address public safety and
            methamphetamine manufacturing, sale, and use in hot spots as
            authorized by section 754 of Public Law 109-177 and for other
            anti-methaphetamine-related activities;
                (3) $205,366,000 is for a law enforcement technologies and
            interoperable communications program, and related law
            enforcement and public safety equipment;
                (4) $11,750,000 is for an offender re-entry program;
                (5) $9,400,000 is for grants to upgrade criminal records,
            as authorized under the Crime Identification Technology Act of
            1998 (42 U.S.C. 14601);
                (6) $152,272,000 is for DNA related and forensic programs
            and activities as follows:
                        (A) $147,391,000 for a DNA analysis and capacity
                    enhancement program including the purposes of section 2
                    of the DNA Analysis Backlog Elimination Act of 2000, as
                    amended by the Debbie Smith Act of 2004, and further
                    amended by Public Law 109-162;
                        (B) $4,881,000 for the purposes described in the
                    Kirk Bloodsworth Post-Conviction DNA Testing Program
                    (Public Law 108-405, section 412): Provided, That
                    unobligated funds appropriated in fiscal years 2006 and
                    2007 for grants as authorized under sections 412 and
                    413 of the foregoing public law are hereby made
                    available, instead, for the purposes here specified;
                (7) $15,040,000 is for improving tribal law enforcement,
            including equipment and training;
                (8) $20,000,000 is for programs to reduce gun crime and
            gang violence;
                (9) $3,760,000 is for training and technical assistance;
                (10) $18,800,000 is for Paul Coverdell Forensic Sciences
            Improvement Grants under part BB of title I of the 1968 Act;
                (11) not to exceed $28,200,000 is for program management
            and administration;
                (12) $20,000,000 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) $15,608,000 is for a national grant program the
            purpose of which is to assist State and local law enforcement
            locate, arrest and prosecute child sexual predators and
            exploiters, and to enforce State offender registration laws
            described in section 1701(b) of the 1968 Act, of which:
                        (A) $4,162,000 is for sex offender management
                    assistance as authorized by the Adam Walsh Child
                    Protection and Safety Act of 2006 (Public Law 109-162),
                    and the Violent Crime Control Act of 1994 (Public Law
                    103-322); and
                        (B) $850,000 is for the National Sex Offender
                    Public Registry.

                           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, $383,513,000, to remain
    available until expended as follows:
                (1) $658,000 for concentration of Federal efforts, as
            authorized by section 204 of the 1974 Act;
                (2) $74,260,000 for programs authorized by section 221 of
            the 1974 Act, and for training and technical assistance to
            assist small, non-profit organizations with the Federal grants
            process;
                (3) $93,835,000 for grants and projects, as authorized by
            sections 261 and 262 of the 1974 Act;
                (4) $70,000,000 for youth mentoring grants;
                (5) $61,100,000 for delinquency prevention, as authorized
            by section 505 of the 1974 Act, of which, pursuant to sections
            261 and 262 thereof--
                        (A) $14,100,000 shall be for the Tribal Youth
                    Program;
                        (B) $18,800,000 shall be for a gang resistance
                    education and training program; and
                        (C) $25,000,000 shall be for grants of $360,000 to
                    each State and $4,840,000 shall be available for
                    discretionary grants, 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, for prevention and
                    reduction of consumption of alcoholic beverages by
                    minors, and for technical assistance and training;
                (6) $15,040,000 for expenses authorized by part AA of the
            1968 Act (Secure Our Schools);
                (7) $16,920,000 for programs authorized by the Victims of
            Child Abuse Act of 1990; and
                (8) $51,700,000 for the Juvenile Accountability Block
            Grants program as authorized by part R of the 1968 Act and Guam
            shall be considered a State:
    Provided, That not more than 10 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 grants and projects 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 $4,854,000 for
    payments authorized by section 1201(b) of such Act; and $3,980,000 for
    educational assistance, as authorized by section 1212 of such Act:
    Provided, That, hereafter, funds available to conduct appeals under
    section 1205(c) of the 1968 Act, which includes all claims processing,
    shall be available also for the same under subpart 2 of such part L and
    under any statute authorizing payment of benefits described under
    subpart 1 thereof, and for appeals from final decisions of the Bureau
    (under such part or any such statute) to the Court of Appeals for the
    Federal Circuit, which shall have exclusive jurisdiction thereof
    (including those, and any related matters, 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. In addition to amounts otherwise made available in this
    title for official reception and representation expenses, a total of
    not to exceed $50,000 from funds appropriated to the Department of
    Justice in this title shall be available to the Attorney General for
    official reception and representation expenses.
        Sec. 202. 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. 203. 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. 204. 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 203 intended to address the
    philosophical beliefs of individual employees of the Bureau of Prisons.
        Sec. 205. 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. 206. 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. 207. 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. 208. 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. 209. (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) The preceding sentence does not preclude the renting,
    maintenance, or purchase of audiovisual or electronic equipment for
    inmate training, religious, or educational programs.
        Sec. 210. None of the funds made available under this title shall
    be obligated or expended for Sentinel, or for any other major new or
    enhanced information technology program having total estimated
    development costs in excess of $100,000,000, unless the Deputy Attorney
    General and the investment review board certify to the Committees on
    Appropriations that the information technology program has appropriate
    program management and contractor oversight mechanisms in place, and
    that the program is compatible with the enterprise architecture of the
    Department of Justice.
        Sec. 211. 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. 212. (a) 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) of title 11,
            United States Code.''.
        (b) Section 110(l)(4)(A) of title 11, United States Code, is
    amended to read as follows:
        ``(A) Fines imposed under this subsection in judicial districts
    served by United States trustees shall be paid to the United States
    trustees, who shall deposit an amount equal to such fines in the United
    States Trustee Fund.''.
        Sec. 213. (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. 214. None of the funds appropriated by this Act may be used to
    plan for, begin, continue, finish, process, or approve a public-private
    competition under the Office of Management and Budget Circular A-76 or
    any successor administrative regulation, directive, or policy for work
    performed by employees of the Bureau of Prisons or of Federal Prison
    Industries, Incorporated.
        Sec. 215. 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. 216. 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. 217. None of the funds appropriated in this or any other Act
    shall be obligated for the initiation of a future phase of the Federal
    Bureau of Investigation's Sentinel program until the Attorney General
    certifies to the Committees on Appropriations that existing phases
    currently under contract for development or fielding have completed a
    majority of the work for that phase under the performance measurement
    baseline validated by the integrated baseline review referred to in
    section 216 of this Act: Provided, That this restriction does not apply
    to planning and design activities for future phases: Provided further,
    That the Bureau will notify the Committees on Appropriations of any
    significant changes to the baseline.
        Sec. 218. (a) The Attorney General shall submit quarterly reports
    to the Inspector General of the Department of Justice regarding the
    costs and contracting procedures relating to each conference held by
    the Department of Justice during fiscal year 2008 for which the cost to
    the Government was more than $20,000.
        (b) Each report submitted under subsection (a) shall include, for
    each conference described in that subsection held during the applicable
    quarter--
                (1) a description of the subject of and number of
            participants attending that conference;
                (2) a detailed statement of the costs to the Government
            relating to that conference, including--
                        (A) the cost of any food or beverages;
                        (B) the cost of any audio-visual services; and
                        (C) a discussion of the methodology used to
                    determine which costs relate to that conference; and
                (3) a description of the contracting procedures relating to
            that conference, including--
                        (A) whether contracts were awarded on a competitive
                    basis for that conference; and
                        (B) a discussion of any cost comparison conducted
                    by the Department of Justice in evaluating potential
                    contractors for that conference.
        Sec. 219. 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 Government 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. 220. (a) Section 2996(a) of the Omnibus Crime Control and Safe
    Streets Act of 1968 (42 U.S.C. 3797cc(a)) is amended--
                (1) in paragraph (1)--
                        (A) in the matter preceding subparagraph (A), by
                    inserting ``, territories, and Indian tribes (as
                    defined in section 2704)'' after ``to assist States'';
                    and
                        (B) in subparagraph (B), by striking ``and local''
                    and inserting ``, territorial, Tribal, and local'';
                (2) in paragraph (2), by inserting ``, territories, and
            Indian tribes'' after ``make grants to States''; and
                (3) in paragraph (3)(C), by inserting ``, Tribal,'' after
            ``support State''.
        (b) 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''.
        (c) Section 756 of the USA PATRIOT Improvement and Reauthorization
    Act of 2005 (42 U.S.C. 3797cc-3) is amended--
                (1) in subsection (a)(2), by inserting ``, territorial, or
            Tribal'' after ``State'';
                (2) in subsection (b)--
                        (A) in paragraph (1)--
                                (i) by inserting ``, territorial, or
                            Tribal'' after ``State''; and
                                (ii) by striking ``and/or'' and inserting
                            ``or'';
                        (B) 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
                        (C) 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
                (3) in subsection (c)--
                        (A) in paragraph (3), by striking ``Indian Tribes''
                    and inserting ``Indian tribes''; and
                        (B) in paragraph (4)--
                                (i) in the matter preceding subparagraph
                            (A)--
                                        (I) by striking ``State's''; and
                                        (II) 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, $5,184,000.

                 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;
    maintenance; construction of facilities including repair,
    rehabilitation, revitalization and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and restoration, and acquisition or
    condemnation of real property, as authorized by law; environmental
    compliance and restoration; 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, $10,543,100,000, to remain available until
    September 30, 2009: Provided, That, of the amounts provided under this
    heading, $5,577,310,000 shall be for science, $625,280,000 shall be for
    aeronautics research, $3,842,010,000 shall be for exploration systems,
    and $556,400,000 shall be for cross-agency support programs: Provided
    further, That the amounts in the previous proviso shall be reduced by
    $57,900,000 in corporate and general administrative expenses and the
    reduction shall be applied proportionally to each amount therein:
    Provided further, That none of the funds under this heading shall be
    used for any research, development, or demonstration activities related
    exclusively to the human exploration of Mars.

                            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; maintenance; construction of facilities including repair,
    rehabilitation, revitalization and modification of facilities,
    construction of new facilities and additions to existing facilities,
    facility planning and design, and restoration, and acquisition or
    condemnation of real property, as authorized by law; environmental
    compliance and restoration; 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, $6,733,700,000, to
    remain available until September 30, 2009: Provided, That of the
    amounts provided under this heading, $4,000,000,000 shall be for Space
    Shuttle operations, production, research, development, and support and
    $2,220,000,000 shall be for International Space Station operations,
    production, research, development, and support: Provided further, That
    amounts funded under this heading shall be reduced by $32,000,000 in
    corporate and general administrative expenses and the reduction shall
    be applied proportionally to each amount therein.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $32,600,000, to remain
    available until September 30, 2009.

                           administrative provisions

                         (including transfer of funds)

        Notwithstanding the limitation on the duration of availability of
    funds appropriated for ``Science, Aeronautics and Exploration'' or
    ``Exploration Capabilities'' under this title, when any activity has
    been initiated by the incurrence of obligations for construction of
    facilities or environmental compliance and restoration activities as
    authorized by law, such amount available for such activity shall remain
    available until expended. This provision does not apply to the amounts
    appropriated for institutional minor revitalization and minor
    construction of facilities, and institutional facility planning and
    design.
        Notwithstanding the limitation on the availability of funds
    appropriated for ``Science, Aeronautics and Exploration'' or
    ``Exploration Capabilities'' by this appropriations Act, the amounts
    appropriated for construction of facilities shall remain available
    until September 30, 2010.
        Funds for announced prizes otherwise authorized shall remain
    available, without fiscal year limitation, until the prize is claimed
    or the offer is withdrawn. Funding shall not be made available for
    Centennial Challenges unless authorized.
        Not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the National Aeronautics and Space
    Administration 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. Any transfer pursuant to this provision 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.
        Notwithstanding any other provision of law, no funds shall be used
    to implement any Reduction in Force or other involuntary separations
    (except for cause) by the National Aeronautics and Space Administration
    prior to September 30, 2008.
        The Administrator of the National Aeronautics and Space
    Administration shall prepare a strategy for minimizing job losses when
    the National Aeronautics and Space Administration transitions from the
    Space Shuttle to a successor human-rated space transport vehicle. This
    strategy shall include: (1) specific initiatives that the National
    Aeronautics and Space Administration has undertaken, or plans to
    undertake, to maximize the utilization of existing civil service and
    contractor workforces at each of the affected Centers; (2) efforts to
    equitably distribute tasks and workload between the Centers to mitigate
    the brunt of job losses being borne by only certain Centers; (3) new
    workload, tasks, initiatives, and missions being secured for the
    affected Centers; and (4) overall projections of future civil service
    and contractor workforce levels at the affected Centers. The
    Administrator shall transmit this strategy to Congress not later than
    90 days after the date of enactment of this Act. The Administrator
    shall update and transmit to Congress this strategy not less than every
    six months thereafter until the successor human-rated space transport
    vehicle is fully operational.
        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 proposed programmatic and non-programmatic
            construction of facilities.
                (3) The budget for headquarters including--
                        (A) the budget by office, and any division thereof,
                    for the actual, current, proposed funding level, and
                    estimated budgets for the next five fiscal years;
                        (B) the travel budget for each office, and any
                    division thereof, for the actual, current, and proposed
                    funding level; and
                        (C) the civil service full time equivalent
                    assignments per headquarters office, and any division
                    thereof, including the number of Senior Executive
                    Service, noncareer, detailee, and contract personnel
                    per office.
                (4) Within 14 days of the submission of the budget to the
            Congress an accompanying volume shall be provided to the
            Committees on Appropriations containing the following
            information for each center, facility managed by any center,
            and federally funded research and development center operated
            on behalf of 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; and
                        (D) The number of civil service full time
                    equivalent positions considered to be uncovered
                    capacity at each location for each identified fiscal
                    year.
                (5) The proposed budget as designated by object class for
            each directorate, theme, and program.
                (6) 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 Committees.
        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 for which the cost to the Government was more
    than $20,000.
        Each report submitted 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.
        The Administrator of NASA shall, not later than September 30, 2008,
    submit to the appropriate committees of Congress a report on each
    conference for which the agency paid travel expenses during fiscal year
    2008 that includes--
                (1) the itemized expenses paid by the agency, including
            travel expenses and any agency expenditure to otherwise support
            the conference;
                (2) the primary sponsor of the conference;
                (3) the location of the conference;
                (4) in the case of a conference for which the agency was
            the primary sponsor, a statement that--
                        (A) justifies the location selected;
                        (B) demonstrates the cost efficiency of the
                    location;
                        (C) the date of the conference;
                        (D) a brief explanation how the conference advanced
                    the mission of the agency; and
                        (E) the total number of individuals who travel or
                    attendance at the conference was paid for in part or
                    full by the agency.
        In this provision, 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.

                          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; $4,821,474,000, 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 $2,240,000 shall be transferred to the ``Office of
    Science and Technology Policy'' for costs associated with the Science
    and Technology Policy Institute/RaDiUS: 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 (42 U.S.C. 1861-1875), including
    authorized travel, $220,740,000, 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,
    $725,600,000, to remain available until September 30, 2009.

                     agency operations and award management

        For agency operations and award management 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; $281,790,000: Provided, That contracts may be
    entered into under this heading 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, as amended (42 U.S.C. 1863) and Public Law 86-209 (42 U.S.C. 1880
    et seq.), $3,969,000: 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,
    $11,427,000, 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, $8,460,000: 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,
    the Age Discrimination in Employment Act of 1967, the Equal Pay Act of
    1963, the Americans with Disabilities Act of 1990, and the Civil Rights
    Act of 1991, including services as authorized by 5 U.S.C. 3109; hire of
    passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
    nonmonetary awards to private citizens; and not to exceed $29,140,000
    for payments to State and local enforcement agencies for authorized
    services to the Commission, $329,300,000: Provided, That the Commission
    is authorized to make available for official reception and
    representation expenses not to exceed $2,500 from available funds:
    Provided further, That the Commission may take no action to implement
    any workforce repositioning, restructuring, or reorganization until
    such time as the House and Senate Committees on Appropriations have
    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, $350,490,000,
    of which $332,390,000 is for basic field programs and required
    independent audits; $3,000,000 is for the Office of Inspector General,
    of which such amounts as may be necessary may be used to conduct
    additional audits of recipients; $12,500,000 is for management and
    administration; $2,100,000 is for client self-help and information
    technology; and $500,000 is for loan repayment assistance: 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 2007 and 2008, 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, $2,820,000.

               National Veterans Business Development Corporation

                             salaries and expenses

        For necessary expenses of the National Veterans Business
    Development Corporation established under section 33 of the Small
    Business Act (15 U.S.C. 657c), $1,410,000, to remain available until
    expended.

                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,
    $44,120,000, 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), $3,760,000: Provided, That not to exceed $2,500
    shall be available for official reception and representation expenses.

                                    TITLE V

                               GENERAL PROVISIONS

                         (including transfer of funds)

        Sec. 501. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes not authorized by the
    Congress.
        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 House and Senate Committees
    on Appropriations are 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 House and Senate Committees on
    Appropriations are 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. Hereafter, none of the funds made available in this Act
    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. 508. 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. 509. The Departments of Commerce and Justice, the National
    Science Foundation, and the National Aeronautics and Space
    Administration, shall provide to the House and Senate Committees on
    Appropriations a quarterly accounting of the cumulative balances of any
    unobligated funds that were received by such agency during any previous
    fiscal year.
        Sec. 510. Any costs incurred by a department or agency funded under
    this Act resulting from, or to prevent, 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. 511. 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. 512. 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. 513. 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 $590,000,000 shall not be available for
    obligation until the following fiscal year.
        Sec. 514. None of the funds made available to the Department of
    Justice in this Act may be used to discriminate against or denigrate
    the religious or moral beliefs of students who participate in programs
    for which financial assistance is provided from those funds, or of the
    parents or legal guardians of such students.
        Sec. 515. 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. 516. 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. 517. 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. 518. (a) Tracing studies conducted by the Bureau of Alcohol,
    Tobacco, Firearms and Explosives are released without adequate
    disclaimers regarding the limitations of the data.
        (b) The Bureau of Alcohol, Tobacco, Firearms and Explosives shall
    include in all such data releases, language similar to the following
    that would make clear that trace data cannot be used to draw broad
    conclusions about firearms-related crime:
                (1) Firearm traces are designed to assist law enforcement
            authorities in conducting investigations by tracking the sale
            and possession of specific firearms. Law enforcement agencies
            may request firearms traces for any reason, and those reasons
            are not necessarily reported to the Federal Government. Not all
            firearms used in crime are traced and not all firearms traced
            are used in crime.
                (2) Firearms selected for tracing are not chosen for
            purposes of determining which types, makes, or models of
            firearms are used for illicit purposes. The firearms selected
            do not constitute a random sample and should not be considered
            representative of the larger universe of all firearms used by
            criminals, or any subset of that universe. Firearms are
            normally traced to the first retail seller, and sources
            reported for firearms traced do not necessarily represent the
            sources or methods by which firearms in general are acquired
            for use in crime.
        Sec. 519. (a) 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) 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) 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) 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) The provisions of the preceding subsections of this section
    shall take effect 30 days after the date on which the Director of the
    Office of 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. 520. 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. 521. 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. 522. (a) Notwithstanding any other provision of law or treaty,
    none of the funds appropriated or otherwise made available under this
    Act or any other Act may be expended or obligated by a department,
    agency, or instrumentality of the United States to pay administrative
    expenses or to compensate an officer or employee of the United States
    in connection with requiring an export license for the export to Canada
    of components, parts, accessories or attachments for firearms listed in
    Category I, section 121.1 of title 22, Code of Federal Regulations
    (International Trafficking in Arms Regulations (ITAR), part 121, as it
    existed on April 1, 2005) with a total value not exceeding $500
    wholesale in any transaction, provided that the conditions of
    subsection (b) of this section are met by the exporting party for such
    articles.
        (b) The foregoing exemption from obtaining an export license--
                (1) does not exempt an exporter from filing any Shipper's
            Export Declaration or notification letter required by law, or
            from being otherwise eligible under the laws of the United
            States to possess, ship, transport, or export the articles
            enumerated in subsection (a); and
                (2) does not permit the export without a license of--
                        (A) fully automatic firearms and components and
                    parts for such firearms, other than for end use by the
                    Federal Government, or a Provincial or Municipal
                    Government of Canada;
                        (B) barrels, cylinders, receivers (frames) or
                    complete breech mechanisms for any firearm listed in
                    Category I, other than for end use by the Federal
                    Government, or a Provincial or Municipal Government of
                    Canada; or
                        (C) articles for export from Canada to another
                    foreign destination.
        (c) In accordance with this section, the District Directors of
    Customs and postmasters shall permit the permanent or temporary export
    without a license of any unclassified articles specified in subsection
    (a) to Canada for end use in Canada or return to the United States, or
    temporary import of Canadian-origin items from Canada for end use in
    the United States or return to Canada for a Canadian citizen.
        (d) The President may require export licenses under this section on
    a temporary basis if the President determines, upon publication first
    in the Federal Register, that the Government of Canada has implemented
    or maintained inadequate import controls for the articles specified in
    subsection (a), such that a significant diversion of such articles has
    and continues to take place for use in international terrorism or in
    the escalation of a conflict in another nation. The President shall
    terminate the requirements of a license when reasons for the temporary
    requirements have ceased.
        Sec. 523. Notwithstanding any other provision of law, no
    department, agency, or instrumentality of the United States receiving
    appropriated funds under this Act or any other Act shall obligate or
    expend in any way such funds to pay administrative expenses or the
    compensation of any officer or employee of the United States to deny
    any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and
    qualified pursuant to 27 CFR section 478.112 or .113, for a permit to
    import United States origin ``curios or relics'' firearms, parts, or
    ammunition.
        Sec. 524. None of the funds made available in this Act may be used
    to include in any new bilateral or multilateral trade agreement the
    text of--
                (1) paragraph 2 of article 16.7 of the United States-
            Singapore Free Trade Agreement;
                (2) paragraph 4 of article 17.9 of the United States-
            Australia Free Trade Agreement; or
                (3) paragraph 4 of article 15.9 of the United States-
            Morocco Free Trade Agreement.
        Sec. 525. (a)(1) The Administrator of the National Aeronautics and
    Space Administration shall modify the Administration's financial
    management system and perform all appropriate testing and assurance
    activities necessary for the system to be capable of properly
    budgeting, accounting for, controlling, and reporting on appropriations
    made to the Administration for fiscal year 2009 and thereafter under
    the appropriation accounts set out for the Administration in H.R. 3093
    of the 110th Congress, as passed the House of Representatives.
        (2) The Administrator shall transmit to the Committee on
    Appropriations of the House of Representatives and the Committee on
    Appropriations of the Senate a written report, on a monthly basis until
    the certification under paragraph (3) is transmitted, on progress in
    complying with this subsection.
        (3) Not later than April 1, 2008, the Administrator shall transmit
    to the Committee on Appropriations of the House of Representatives and
    the Committee on Appropriations of the Senate a written certification
    that the Administration's financial management system meets the
    requirements of this section.
        (b) Beginning for the first full month after the date of enactment
    of this Act, the Administrator shall report in writing to the Committee
    on Appropriations of the House of Representatives and the Committee on
    Appropriations of the Senate, on the 15th business day of each month,
    financial information on the execution of the Administration's budget
    for the preceding month and for the fiscal year to date. Each report
    under this subsection shall provide information on the Administration's
    budget, obligations incurred, and disbursements made, presented by--
                (1) mission area (as reflected in the appropriation
            accounts set out for the Administration in H.R. 3093 of the
            110th Congress, as passed the House of Representatives);
                (2) program or project;
                (3) Center; and
                (4) object class, as well as any other financial
            information requested by the Committee on Appropriations of the
            House of Representatives or the Committee on Appropriations of
            the Senate.
        Sec. 526. None of the funds made available in this Act may be used
    to authorize or issue a national security letter in contravention of
    any of the following laws authorizing the Federal Bureau of
    Investigation to issue national security letters: The Right to
    Financial Privacy Act; The Electronic Communications Privacy Act; The
    Fair Credit Reporting Act; The National Security Act of 1947; USA
    PATRIOT Act; and the laws amended by these Acts.
        Sec. 527. 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. 528. Section 605 of the Harmful Algal Bloom and Hypoxia
    Research and Control Act of 1998 (16 U.S.C. 1451 note) is amended--
                (1) in the matter preceding paragraph (1) by striking
            ``$25,500,000 for fiscal year 2008'' and inserting
            ``$30,000,000 for each of fiscal years 2008 through 2010'';
                (2) in each of paragraphs (1), (2), (3), (4), and (6) by
            striking ``2008'' and inserting ``2010''; and
                (3) in paragraph (5) by striking ``fiscal year 2008'' and
            inserting ``each of fiscal years 2008 through 2010''.
        Sec. 529. Effective January 13, 2007, section 303A of the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C. 1853a) is
    amended--
                (1) by striking ``association'' in subsection
            (c)(4)(A)(iii) and inserting ``association, among willing
            parties'';
                (2) by striking paragraph (2) of subsection (i);
                (3) by striking ``(1) In general.--'' in subsection (i) and
            resetting paragraph (1) as a full measure paragraph following
            ``(i) Transition Rules.--''; and
                (4) by redesignating subparagraphs (A), (B), and (C) of
            subsection (i)(1) (before its amendment by paragraph (3)) as
            paragraphs (1), (2), and (3), respectively and resetting them
            as indented paragraphs 2 ems from the left margin.
        Sec. 530. 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 House and Senate Committees 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. 531. Notwithstanding section 505 of this Act, no funds shall
    be reprogrammed within or transferred between appropriations after June
    30, except in extraordinary circumstances.
        Sec. 532. 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. 533. (a) 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) 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) 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) 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.''.
        (e) The heading of such section is amended by striking ``Enhanced-
    use lease of real property demonstration'' and inserting ``Lease of
    non-excess property''.
        (f) This section shall become effective on December 31, 2008.
        Sec. 534. 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. 535. 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. 536. This section may be cited as the ``ED 1.0 Act''.
         (a) In this section:
                (1) The term ``Administrator'' means the Administrator of
            the National Telecommunications and Information Administration.
                (2) 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) 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)).
        (b)(1)(A) 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 (a)(2).
        (B)(i) The Administrator shall award a total of 9 grants under this
    subsection.
        (ii) The Administrator shall make grant payments under this
    subsection in the amount of $500,000.
        (2)(A) 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) 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) 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) The Administrator shall not require an eligible educational
    institution to provide matching funds for a grant awarded under this
    subsection.
        (5)(A) 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) 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.
        (c) There are authorized to be appropriated to carry out this
    section $4,500,000 for each of fiscal years 2008 and 2009.
        (d) The Administrator shall carry out this section only with
    amounts appropriated in advance specifically to carry out this section.
        Sec. 537. 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. 538. None of the funds made available in this Act may be used
    to purchase first class or premium airline travel in contravention of
    sections 301-10.122 through 301-10.124 of title 41 of the Code of
    Federal Regulations.
        Sec. 539. 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. 540. 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. 541. None of the funds made available in this Act may be used
    in contravention of section 402(e)(1) of the Illegal Immigration Reform
    and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note).
        Sec. 542. None of the funds in this Act may be used to employ
    workers described in section 274A(h)(3) of the Immigration and
    Nationality Act (8 U.S.C. 1324a(h)(3)).
        Sec. 543. None of the funds made available in this Act may be used
    to send or otherwise pay for the attendance of more than 50 employees
    from a Federal department or agency at any single conference occurring
    outside the United States.

                                    TITLE VI

                                  RESCISSIONS

                             DEPARTMENT OF COMMERCE

                      Economic Development Administration

                    economic development assistance programs

                                  (rescission)

        Of the unobligated balances available under this heading from prior
    year appropriations, $5,700,000 are rescinded.

                       Economic and Statistical Analysis

                             salaries and expenses

                                  (rescission)

        Of the unobligated balances available under this heading from prior
    year appropriations, $800,000 are rescinded.

                 National Institute of Standards and Technology

                         industrial technology services

                                  (rescission)

        Of the unobligated balances available under this heading from prior
    year appropriations, $18,800,000 are rescinded.

                National Oceanic and Atmospheric Administration

                                  (rescission)

        Of the unobligated balances available in accounts under this
    heading from prior year appropriations, $11,372,000 are rescinded.

                             DEPARTMENT OF JUSTICE

                             General Administration

                             salaries and expenses

                                  (rescission)

        Of the unobligated balances available under this heading,
    $7,400,000 are rescinded.

                     justice information sharing technology

                                  (rescission)

        Of the unobligated balances available under this heading,
    $5,000,000 are rescinded.

                              working capital fund

                                  (rescission)

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

                   telecommunications carrier compliance fund

                                  (rescission)

        Of the unobligated balances available under this heading,
    $1,300,000 are rescinded.

                               detention trustee

                                  (rescission)

        Of the unobligated balances available under this heading,
    $145,000,000 are rescinded.

                                Legal Activities

                             assets forfeiture fund

                                  (rescission)

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

                        Office on Violence Against Women

           violence against women prevention and prosecution programs

                                  (rescission)

        Of the unobligated balances available under this heading from prior
    year appropriations, $14,700,000 are rescinded.

                           Office of Justice Programs

                                  (rescission)

        Of the unobligated balances available under this heading from prior
    year appropriations, $87,500,000 are rescinded, not later than
    September 30, 2008.

                      community oriented policing services

                                 (rescissions)

        Of the unobligated balances available under this heading from prior
    year appropriations, $87,500,000 are rescinded, not later than
    September 30, 2008.
        Of the unobligated funds previously appropriated from the Violent
    Crime Reduction Trust Fund under this heading, $10,278,000 are
    rescinded.

                 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

                                  (Rescission)

        Of the unobligated balances available to the National Aeronautics
    and Space Administration from prior year appropriations, $192,475,000
    are rescinded: Provided, That within 30 days after the date of the
    enactment of this section the Administrator shall submit to the
    Committees on Appropriations a report specifying the amount of each
    rescission made pursuant to this section.

                          NATIONAL SCIENCE FOUNDATION

                                  (Rescission)

        Of the unobligated balances available to the National Science
    Foundation from prior year appropriations, $33,000,000 are rescinded:
    Provided, That within 30 days after the date of the enactment of this
    section the Director shall submit to the Committees on Appropriations a
    report specifying the amount of each rescission made pursuant to this
    section.
        This Act may be cited as the ``Commerce, Justice, Science, and
    Related Agencies Appropriations Act, 2008''.

         DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
                            APPROPRIATIONS ACT, 2008

                                    TITLE I

                           CORPS OF ENGINEERS--CIVIL

                             DEPARTMENT OF THE ARMY

                           Corps of Engineers--Civil

        The following appropriations shall be expended under the direction
    of the Secretary of the Army and the supervision of the Chief of
    Engineers for authorized civil functions of the Department of the Army
    pertaining to rivers and harbors, flood and storm damage reduction,
    shore protection, aquatic ecosystem restoration, and related purposes.

                                 investigations

                        (including rescission of funds)

        For expenses necessary for the collection and study of basic
    information pertaining to river and harbor, flood and storm damage
    reduction, shore protection, aquatic ecosystem restoration, and related
    projects; restudy of authorized projects, miscellaneous investigations;
    and, when authorized by law, surveys and detailed studies, and plans
    and specifications of projects prior to construction, $167,261,000, to
    remain available until expended: Provided, That of the funds provided
    under this heading of Public Law 106-554, $100,000 are rescinded:
    Provided further, That using $2,952,000 of the funds provided herein,
    the Secretary of the Army acting through the Chief of Engineers shall
    continue the Louisiana Coastal Protection and Restoration study at full
    Federal expense: Provided further, That using $1,968,000 of the funds
    provided herein, the Secretary of the Army acting through the Chief of
    Engineers shall continue the Coastal Mississippi Hurricane and Storm
    Damage Reduction study at full Federal expense: Provided further, That
    funds in the amount of $461,000 are provided to continue environmental
    studies for the Pine Mountain Dam, Arkansas, project: Provided further,
    That cost sharing of preconstruction engineering and design shall be as
    previously applied to this activity.

                                  construction

                        (including rescissions of funds)

        For expenses necessary for the construction of river and harbor,
    flood and storm damage reduction, shore protection, aquatic ecosystem
    restoration, and related projects authorized by law, including a
    portion of the expenses for the modifications authorized by section 104
    of the Everglades National Park Protection and Expansion Act of 1989;
    for conducting detailed studies, and plans and specifications, of such
    projects (including those involving participation by States, local
    governments, or private groups) authorized or made eligible for
    selection by law (but such detailed studies, and plans and
    specifications, shall not constitute a commitment of the Government to
    construction); $2,294,029,000, to remain available until expended; of
    which such sums as are necessary to cover the Federal share of
    construction costs for facilities under the Dredged Material Disposal
    Facilities program shall be derived from the Harbor Maintenance Trust
    Fund as authorized by Public Law 104-303; and of which such sums as are
    necessary pursuant to Public Law 99-662 shall be derived from the
    Inland Waterways Trust Fund, to cover one-half of the costs of
    construction and rehabilitation of inland waterways projects (including
    the rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa;
    Lock and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi
    River, Illinois and Missouri; Lock 27, Mississippi River, Illinois;
    Markland Locks and Dam, Kentucky and Indiana; Emsworth Locks and Dam,
    Ohio River, Pennsylvania; and Lock and Dam 3, Mississippi River,
    Minnesota) shall be derived from the Inland Waterways Trust Fund; and
    of which $7,380,000 shall be exclusively for projects and activities
    authorized under section 107 of the River and Harbor Act of 1960; and
    of which $4,796,000 shall be exclusively for projects and activities
    authorized under section 111 of the River and Harbor Act of 1968; and
    of which $4,428,000 shall be exclusively for projects and activities
    authorized under section 103 of the River and Harbor Act of 1962; and
    of which $42,312,000 shall be exclusively for projects and activities
    authorized under section 205 of the Flood Control Act of 1948; and of
    which $9,840,000 shall be exclusively for projects and activities
    authorized under section 14 of the Flood Control Act of 1946; and of
    which $0 shall be exclusively for projects and activities authorized
    under section 208 of the Flood Control Act of 1954; and of which
    $29,520,000 shall be exclusively for projects and activities authorized
    under section 1135 of the Water Resources Development Act of 1986; and
    of which $29,520,000 shall be exclusively for projects and activities
    authorized under section 206 of the Water Resources Development Act of
    1996; and of which $5,292,000 shall be exclusively for projects and
    activities authorized under sections 204 and 207 of the Water Resources
    Development Act of 1992 and section 933 of the Water Resources
    Development Act of 1986: Provided, That the Chief of Engineers is
    directed to use $12,792,000 of the funds appropriated herein for the
    Dallas Floodway Extension, Texas, project, including the Cadillac
    Heights feature, generally in accordance with the Chief of Engineers
    report dated December 7, 1999: Provided further, That the Chief of
    Engineers is directed to use $1,968,000 of the funds provided herein
    for the Hawaii Water Management Project: Provided further, That the
    Chief of Engineers is directed to use $5,166,000 of the funds
    appropriated herein for planning, engineering, design or construction
    of the Grundy, Buchanan County, and Dickenson County, Virginia,
    elements of the Levisa and Tug Forks of the Big Sandy River and Upper
    Cumberland River Project: Provided further, That the Chief of Engineers
    is directed to use $18,204,000 of the funds appropriated herein to
    continue planning, engineering, design or construction of the Lower
    Mingo County, Upper Mingo County, Wayne County, McDowell County, West
    Virginia, elements of the Levisa and Tug Forks of the Big Sandy River
    and Upper Cumberland River Project: Provided further, That the
    Secretary of the Army, acting through the Chief of Engineers, is
    directed to use $4,920,000 of the funds appropriated herein for the
    Clover Fork, City of Cumberland, Town of Martin, Pike County (including
    Levisa Fork and Tug Fork Tributaries), Bell County, Harlan County in
    accordance with the Draft Detailed Project Report dated January 2002,
    Floyd County, Martin County, Johnson County, and Knox County, Kentucky,
    detailed project report, elements of the Levisa and Tug Forks of the
    Big Sandy River and Upper Cumberland River: Provided further, That the
    Secretary of the Army is directed to use any remaining available funds
    from funds appropriated in Public Law 103-126 (107 Stat. 1315) for
    carrying out engineering and design for the relocation of the comfort
    and lifeguard stations on the Atlantic Coast of New York City from
    Rockaway Inlet to Norton Point, New York, project for construction of
    other features of the project: Provided further, That the Secretary of
    the Army is directed to use any remaining available funds from the
    funds appropriated in Public Law 107-66 (115 Stat. 488) for increasing
    the authorized level of protection for the Bois Brule Drainage and
    Levee District, Missouri, project, to continue design deficiency
    repairs on the project: Provided further, That the Chief of Engineers
    is directed to use $2,952,000 of the funds provided herein to initiate
    planning and design of a rural health care facility on the Fort
    Berthold Reservation of the Three Affiliated Tribes, North Dakota:
    Provided further, That $1,476,000 of the funds provided herein shall be
    available to continue detailed design including plans and
    specifications, execute a PCA and initiate construction of Phases I and
    II for the Greenbrier River Basin, Marlinton, West Virginia, project:
    Provided further, That the Secretary of the Army shall use up to
    $5,904,000 including the prior unobligated balance of $4,972,000 from
    the Devils Lake Outlet, North Dakota, project for the North Dakota
    environmental infrastructure project: Provided further, That the
    Secretary of the Army shall use the prior year unobligated balance of
    $1,500,000 from the Waterbury Dam repairs project for the Lake
    Champlain Watershed project: Provided further, That of the funds
    provided under this heading the following amounts are rescinded: from
    Public Law 101-101, $435,000; from Public Law 102-377, $1,740,000; from
    Public Law 103-126, $797,000; and from Public Law 105-245, $1,716,000.

                       mississippi river and tributaries

        For expenses necessary for the flood damage reduction program for
    the Mississippi River alluvial valley below Cape Girardeau, Missouri,
    as authorized by law, $387,402,000, to remain available until expended,
    of which such sums as are necessary to cover the Federal share of
    operation and maintenance costs for inland harbors shall be derived
    from the Harbor Maintenance Trust Fund: Provided, That the Chief of
    Engineers is directed to use $9,840,000 of the funds provided herein
    for design and real estate activities and pump supply elements for the
    Yazoo Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided
    further, That the Secretary of the Army, acting through the Chief of
    Engineers is directed to use $9,840,000 appropriated herein for
    construction of water withdrawal features of the Grand Prairie,
    Arkansas, project.

                           operation and maintenance

        For expenses necessary for the operation, maintenance, and care of
    existing river and harbor, flood and storm damage reduction, aquatic
    ecosystem restoration, and related projects authorized by law, for
    providing security for infrastructure owned and operated by, or on
    behalf of, the United States Army Corps of Engineers (the ``Corps''),
    including administrative buildings and facilities, and laboratories,
    and the Washington Aqueduct; for the maintenance of harbor channels
    provided by a State, municipality, or other public agency that serve
    essential navigation needs of general commerce, where authorized by
    law; and for surveys and charting of northern and northwestern lakes
    and connecting waters, clearing and straightening channels, and removal
    of obstructions to navigation, $2,243,637,000, to remain available
    until expended, of which such sums as are necessary to cover the
    Federal share of operation and maintenance costs for coastal harbors
    and channels, and inland harbors shall be derived from the Harbor
    Maintenance Trust Fund, pursuant to Public Law 99-662 may be derived
    from that fund; of which such sums as become available from the special
    account for the Corps established by the Land and Water Conservation
    Act of 1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from
    that account for resource protection, research, interpretation, and
    maintenance activities related to resource protection in the areas at
    which outdoor recreation is available; and of which such sums as become
    available under section 217 of the Water Resources Development Act of
    1996, Public Law 104-303, shall be used to cover the cost of operation
    and maintenance of the dredged material disposal facilities for which
    fees have been collected: Provided, That utilizing funds appropriated
    herein, for the Intracoastal Waterway, Delaware River to Chesapeake
    Bay, Delaware and Maryland, the Chief of Engineers, is directed to
    reimburse the State of Delaware for normal operation and maintenance
    costs incurred by the State of Delaware for the SR1 Bridge from station
    58+00 to station 293+00 between October 1, 2007, and September 30,
    2008: Provided further, That the Secretary of the Army, acting through
    the Chief of Engineers, is directed to use up to $350,000 of the funds
    appropriated herein to reimburse the City of Glen Cove, New York, for
    costs associated with the maintenance dredging of Glen Cove Creek
    incurred prior to enactment of this Act.

                               regulatory program

        For expenses necessary for administration of laws pertaining to
    regulation of navigable waters and wetlands, $180,000,000, to remain
    available until expended.

                formerly utilized sites remedial action program

        For expenses necessary to clean up contamination from sites in the
    United States resulting from work performed as part of the Nation's
    early atomic energy program, $140,000,000, to remain available until
    expended.

                                    expenses

        For expenses necessary for general administration and related civil
    works functions in the headquarters of the United States Army Corps of
    Engineers, the offices of the Division Engineers, the Humphreys
    Engineer Center Support Activity, the Institute for Water Resources,
    the United States Army Engineer Research and Development Center, and
    the United States Army Corps of Engineers Finance Center, $175,046,000,
    to remain available until expended: Provided, That no part of any other
    appropriation provided in title I of this Act shall be available to
    fund the civil works activities of the Office of the Chief of Engineers
    or the civil works executive direction and management activities of the
    division offices.

            office of assistant secretary of the army (civil works)

        For the Office of the Assistant Secretary of the Army (Civil Works)
    as authorized by 10 U.S.C. 3016(b)(3), $4,500,000 is provided.

                            administrative provision

        Appropriations in this title shall be available for official
    reception and representation expenses (not to exceed $5,000); and
    during the current fiscal year the Revolving Fund, Corps of Engineers,
    shall be available for purchase (not to exceed 100 for replacement
    only) and hire of passenger motor vehicles.

                 general provisions, corps of engineers--civil

        Sec. 101. (a) None of the funds provided in title I of this Act, or
    provided by previous appropriations Acts to the agencies or entities
    funded in title I of this Act that remain available for obligation or
    expenditure in fiscal year 2008, shall be available for obligation or
    expenditure through a reprogramming of funds that:
                (1) creates or initiates a new program, project, or
            activity;
                (2) eliminates a program, project or activity;
                (3) increases funds or personnel for any program, project
            or activity for which funds have been denied or restricted by
            this Act, unless prior approval is received from the House and
            Senate Committees on Appropriations;
                (4) proposes to use funds directed for a specific activity
            by either the House or the Senate Committees on Appropriations
            for a different purpose, unless prior approval is received from
            the House and Senate Committees on Appropriations;
                (5) augments or reduces existing programs, projects or
            activities in excess of the amounts contained in subsections 6
            through 10, unless prior approval is received from the House
            and Senate Committees on Appropriations;
                (6) Investigations.--For a base level over $100,000,
            reprogramming of 25 percent of the base amount up to a limit of
            $150,000 per project, study or activity is allowed: Provided,
            That for a base level less than $100,000, the reprogramming
            limit is $25,000; Provided further, That up to $25,000 may be
            reprogrammed into any continuing study or activity that did not
            receive an appropriation for existing obligations and
            concomitant administrative expenses;
                (7) Construction.--For a base level over $2,000,000,
            reprogramming of 15 percent of the base amount up to a limit of
            $3,000,000 per project, study or activity is allowed: Provided,
            That for a base level less than $2,000,000, the reprogramming
            limit is $300,000: Provided further, That up to $3,000,000 may
            be reprogrammed for settled contractor claims, changed
            conditions, or real estate deficiency judgments; Provided
            further, That up to $300,000 may be reprogrammed into any
            continuing study or activity that did not receive an
            appropriation for existing obligations and concomitant
            administrative expenses;
                (8) Operation and maintenance.--Unlimited reprogramming
            authority is granted in order for the Corps to be able to
            respond to emergencies: Provided, That the Chief of Engineers
            must notify the House and Senate Committees on Appropriations
            of these emergency actions as soon thereafter as practicable:
            Provided further, That for a base level over $1,000,000,
            reprogramming of 15 percent of the base amount up to a limit of
            $5,000,000 per project, study or activity is allowed: Provided
            further, That for a base level less than $1,000,000, the
            reprogramming limit is $150,000: Provided further, That
            $150,000 may be reprogrammed into any continuing study or
            activity that did not receive an appropriation;
                (9) Mississippi river and tributaries.--The same
            reprogramming guidelines for the Investigations, Construction,
            and Operation and Maintenance portions of the Mississippi River
            and Tributaries Account as listed above; and
                (10) Formerly utilized sites remedial action program.--
            Reprogramming of up to 15 percent of the base of the receiving
            project is permitted.
        (b) Continuing Authorities Program.--Subsection (a)(1) shall not
    apply to any project or activity funded under the continuing
    authorities program.
        (c) Not later than 60 days after the date of enactment of this Act,
    the Corps of the Engineers shall submit a report to the House and
    Senate Committees on Appropriations to establish the baseline for
    application of reprogramming and transfer authorities for the current
    fiscal year: Provided, That the report shall include:
                (1) A table for each appropriation with a separate column
            to display the President's budget request, adjustments made by
            Congress, adjustments due to enacted rescissions, if
            appropriate, and the fiscal year enacted level;
                (2) A delineation in the table for each appropriation both
            by object class and program, project and activity as detailed
            in the budget appendix for the respective appropriations; and
                (3) An identification of items of special congressional
            interest: Provided further, That the amount appropriated for
            salaries and expenses of the Corps of Engineers shall be
            reduced by $100,000 per day for each day after the required
            date that the report has not been submitted to the Congress.
        Sec. 102. None of the funds made available in this title may be
    used to award any continuing contract or make modifications to any
    existing continuing contract that commits an amount for a project in
    excess of the amounts appropriated for that project that remain
    unobligated, except that such amounts may include any funds that have
    been made available through reprogramming to that project pursuant to
    section 101 of this Act.
        Sec. 103. None of the funds in this Act, or previous Acts, making
    funds available for Energy and Water Development, shall be used to
    implement any pending or future competitive sourcing actions under OMB
    Circular A-76 or High Performing Organizations for the U.S. Army Corps
    of Engineers.
        Sec. 104. None of the funds appropriated in this or any other Act
    shall be used to demonstrate or implement any plans divesting or
    transferring any Civil Works missions, functions, or responsibilities
    of the United States Army Corps of Engineers to other government
    agencies without specific direction in a subsequent Act of Congress.
        Sec. 105. Within 90 days of the date of the Chief of Engineers
    Report on a water resource matter, the Assistant Secretary of the Army
    (Civil Works) shall submit the report to the appropriate authorizing
    and appropriating committees of the Congress.
        Sec. 106. Water Reallocation, Lake Cumberland, Kentucky. (a) In
    General.--Subject to subsection (b), none of the funds made available
    by this Act may be used to carry out any water reallocation project or
    component under the Wolf Creek Project, Lake Cumberland, Kentucky,
    authorized under the Act of June 28, 1938 (52 Stat. 1215, ch. 795) and
    the Act of July 24, 1946 (60 Stat. 636, ch. 595).
        (b) Existing Reallocations.--Subsection (a) shall not apply to any
    water reallocation for Lake Cumberland, Kentucky, that is carried out
    subject to an agreement or payment schedule in effect on the date of
    enactment of this Act.
        Sec. 107. Using amounts available in the Revolving Fund, the
    Secretary of the Army is authorized to construct a new Environmental
    Laboratory and improvements to the Information Technology Laboratory at
    the Engineer Research and Development Center in Vicksburg, Mississippi:
    Provided, That the Secretary shall ensure that the Revolving Fund is
    appropriately reimbursed from appropriations of the Corps' benefiting
    programs by collection each year of amounts sufficient to repay the
    capitalized cost of such construction and improvements.
        Sec. 108. Notwithstanding section 729 of the Water Resources
    Development Act of 1986, as amended (33 U.S.C. 2267a), the Secretary
    shall credit toward the non-Federal share of the cost of the Rio Grande
    Basin Watershed Study, New Mexico, Colorado and Texas, the cost of in-
    kind services contributed by the New Mexico Interstate Stream
    Commission for the Study up to the full amount of the required non-
    Federal share, in accordance with the Agreement between the Commission
    and the Department of the Army dated December 3, 2001 as modified on
    January 14, 2002.
        Sec. 109. Section 121 of the Energy and Water Development
    Appropriations Act, 2006 (Public Law 109-103; 119 Stat. 2256) is
    amended by striking subsection (a) and inserting the following:
        ``(a) The Secretary of the Army may carry out and fund planning
    studies, watershed surveys and assessments, or technical studies at 100
    percent Federal expense to accomplish the purposes of the 2003
    Biological Opinion described in section 205(b) of the Energy and Water
    Development Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
    2949) as amended by subsection (b) and the collaborative program long-
    term plan. In carrying out a study, survey, or assessment under this
    subsection, the Secretary of the Army shall consult with Federal,
    State, tribal and local governmental entities, as well as entities
    participating in the Middle Rio Grande Endangered Species Collaborative
    Program referred to in section 205 of this Act: Provided, That the
    Secretary of the Army may also provide planning and administrative
    assistance to the Middle Rio Grande Endangered Species Collaborative
    Program, which shall not be subject to cost sharing requirements with
    non-Federal interests.''.
        Sec. 110. The Secretary of the Army, acting through the Chief of
    Engineers, is directed to convey at no cost, lands to Tate County
    School District, Tate County, Mississippi, the transfer of any real
    property interests, not to exceed 50 acres, at Arkabutla Lake deemed
    available by the Army that is located adjacent to school district
    property in the vicinity of State Highway 306 west of Coldwater,
    Mississippi. Such transfer shall be subject to the reservation of any
    required flowage easements for the operation of Arkabutla Lake and
    which preclude structures for human habitation. This property shall be
    used by the Tate County School District for public educational
    purposes.
        Sec. 111. Section 594 of the Water Resources Development Act of
    1999 is amended by striking ``<DELETED>sec. 594. ohio.</DELETED>'' and
    inserting in lieu thereof ``<DELETED>sec. 594. ohio and north
    dakota.</DELETED>'' and in (a) strike ``Ohio.'' and insert in lieu
    thereof ``Ohio and North Dakota.'' and in (b) strike ``Ohio,'' and
    insert in lieu thereof ``Ohio and North Dakota,'' and in (h) strike
    ``$240,000,000.'' and insert in lieu thereof ``$240,000,000 for Ohio
    and $100,000,000 for North Dakota.''.
        Sec. 112. The Secretary of the Army, acting through the Chief of
    Engineers, is directed and authorized to conduct preconstruction
    engineering and design activities at full Federal expense for the
    Kahuku Storm Damage Reduction Project, Oahu, Hawaii, which includes
    interior drainage and related improvements to be constructed on lands
    that may include Federal land, the cost of the preconstruction,
    engineering, and design activities shall be included in total project
    costs to be cost shared at the rate of 65 percent Federal and 35
    percent non-Federal, as a part of construction and the Decision
    Document contents shall be limited to a design analysis and supporting
    NEPA documentation for drainage improvements.
        Sec. 113. Section 227 of Public Law 104-303 is amended in section
    5(a) by striking ``7'', and inserting ``12'' in lieu thereof.
        Sec. 114. All budget documents and justification materials for the
    Corps of Engineers annual budget submission to Congress shall be
    assembled and presented based on the most recent annual appropriations
    Act: Provided, That new budget proposals for fiscal year 2008 and
    thereafter, shall not be integrated into the budget justifications
    submitted to Congress but shall be submitted separately from the budget
    justifications documents.
        Sec. 115. The Secretary of the Army acting through the Chief of
    Engineers is directed to plan, design, and construct a rural health
    care facility on the Fort Berthold Indian Reservation of the Three
    Affiliated Tribes, North Dakota, at an estimated Federal cost of
    $20,000,000. The Secretary shall transfer this facility to the
    Secretary of the Interior for operation and maintenance upon the
    completion of construction.
        Sec. 116. The last sentence of section 215(a) of the Flood Control
    Act of 1968 (42 U.S.C. 1962d-5a(a)) is amended by striking
    ``$5,000,000'' and inserting ``$7,000,000''.
        Sec. 117. Johnson Creek, Arlington, Texas. (a) In General.--The
    project for flood damage reduction, environmental restoration and
    recreation, Johnson Creek, Arlington, Texas, authorized by section
    101(b)(14) of the Water Resources Development Act of 1999 (113 Stat.
    280-281) is modified to authorize the Secretary to construct the
    project substantially in accordance with the report entitled Johnson
    Creek: A Vision of Conservation, dated March 30, 2006, at a total cost
    of $80,000,000, with an estimated Federal cost of $52,000,000 and an
    estimated non-Federal cost of $28,000,000 if the Secretary determines
    that the project is technically sound and environmentally acceptable.
        (b) Non-Federal Share.--
                (1) In general.--The non-Federal share of the cost of the
            project may be provided in cash or in the form of in-kind
            services or materials.
                (2) Credit and reimbursement.--The Secretary shall credit
            toward the non-Federal share of the cost of the project the
            cost of planning, design, and construction work carried out by
            the non-Federal interest for implementation of the project, if
            the Secretary determines that the work is integral to the
            project. Subject to the availability of funds, the non- Federal
            interest shall be reimbursed for costs incurred by the non-
            Federal interest that exceed the non-Federal share of project
            costs.
        (c) Conforming Amendment.--Section 134 of the Energy and Water
    Development Appropriations Act, 2006 (119 Stat. 2264) and section 5143
    of the Water Resources Development Act of 2007, (Public Law 110-114)
    are repealed.
        Sec. 118. The Secretary is authorized and directed to reimburse
    local governments for expenses they have incurred in storm-proofing
    pumping stations, constructing safe houses for operators, and other
    interim flood control measures in and around the New Orleans
    metropolitan area, provided the Secretary determines those elements of
    work and related expenses to be integral to the overall plan to ensure
    operability of the stations during hurricanes, storms and high water
    events and the flood control plan for the area.
        Sec. 119. Section 219(f) of the Water Resources Development Act of
    1992 (Public Law 102-580, 106 Stat. 4835 et seq.), as amended, is
    further amended by striking subsection ``(71) Coronado, California'',
    in its entirety and inserting the following:
                ``(71) Coronado, california.
                        ``(A) $10,000,000 is authorized for wastewater
                    infrastructure, Coronado, California.
                        ``(B) The Federal Share may be in the form of
                    grants or reimbursements of project costs incurred by
                    the non-Federal sponsor for work performed by the non-
                    Federal sponsor before or after the execution of a
                    project cooperation agreement, if the Secretary
                    determines that such work is integral to the project.
                        ``(C) The Secretary is authorized to credit towards
                    the non-Federal share of project costs the costs
                    incurred by the non-Federal sponsor for work performed
                    by the non-Federal sponsor before or after the
                    execution of a project cooperation agreement, if the
                    Secretary determines that such work is integral to the
                    project.''
        Sec. 120. Navajo Reservation, Arizona, New Mexico, and Utah.--
    Section 520(b) of the Water Resources Development Act of 1999 (Public
    Law 106-53; 113 Stat. 345) is amended by inserting after the second
    sentence ``The local match for the funds appropriated for flood plain
    delineation on the Navajo reservation in Arizona, New Mexico, and Utah
    may be provided as in-kind services.''.
        Sec. 121. The Secretary of the Army may, under such terms and
    conditions as the Secretary deems appropriate, contract with any public
    or private entity to provide visitor reservation services. Any such
    contract in effect on or after October 1, 2004, may provide that the
    contractor shall be permitted to deduct a commission to be fixed by the
    Secretary from the amount charged the public for providing such
    services and to remit the net proceeds therefrom to the contracting
    agency.
        Sec. 122. The project for flood control, Redwood River, Marshall,
    Minnesota, authorized by section 401(a) of the Water Resources
    Development Act of 1986 and modified by section 4(k) of the Water
    Resources Development Act of 1988 is further modified to authorize the
    Secretary to construct the project at a total cost of $11,863,000, with
    an estimated first Federal cost of $8,722,000 and an estimated first
    non-Federal cost of $3,141,000.
        Sec. 123. The project for St. John's Bayou and New Madrid Floodway
    in the State of Missouri as authorized by subsection (d) of the matter
    under the heading ``Lower Mississippi River'' under section 203 of the
    Flood Control Act of 1954 (68 Stat. 1258) and section 401(a) of the
    Water Resources Development Act of 1986 (100 Stat. 4118), and as
    modified by section 331 of the Water Resources Development Act of 1996
    (110 Stat. 3658) as described in the June 2002 Revised Supplemental
    Impact Statement, as supplemented by the March 2006 Revised
    Supplemental Environmental Impact Statement 2 for this project is
    economically justified: Provided, That the levee closure and gravity
    structure at the south end of the New Madrid Floodway portion of the
    Project are part of the Mississippi River Levee feature of the
    Mississippi River and Tributaries Project and are not a separable
    element of that Project.
        Sec. 124. Funds provided in title V, chapter 3 of Public Law 110-28
    under the heading ``Construction'' may be used for restoration of shore
    protection projects in New Jersey damaged by the same meteorological
    events that resulted in Presidential Disaster Declaration FEMA-1694-DR.
        Sec. 125. The project for flood control, Cedar Hammock (Wares
    Creek), Florida, authorized by section 101(a)(10) of Public Law 104-303
    (110 Stat. 3664), is modified to authorize the Secretary to construct
    the project at a total cost of $42,600,000.
        Sec. 126. Section 156 of Public Law 108-137 is amended by inserting
    ``or reimburse'' after ``non-Federal share of the cost of the project''
    in paragraphs (2) and (3).
        Sec. 127. Notwithstanding any other provision of law, the
    requirements regarding the use of continuing contracts under the
    authority of section 206 of the Water Resources Development Act of 1999
    (33 U.S.C. 2331) shall apply only to projects funded under the
    Operation and Maintenance account and the Operation and Maintenance
    subaccount of the Mississippi River and Tributaries account.
        Sec. 128. Section 3020 of the Water Resources Development Act of
    2007, Public Law 110-114, is amended by inserting ``or after''
    following the word ``before''.
        Sec. 129. Notwithstanding provisions of 42 U.S.C. 2011 et seq. and
    42 U.S.C. 7901 et seq. the U.S. Army Corps of Engineers shall have the
    authority to arrange disposal of waste materials from the Maywood, New
    Jersey, Formerly Utilized Sites Remedial Action Program (FUSRAP) site
    at off-site facilities permitted to accept such waste materials under
    subtitle C of the Resource Conservation and Recovery Act (42 U.S.C.
    6921 et seq.). FUSRAP waste materials from the Maywood site may be, but
    shall not be required to be, disposed at sites licensed under the
    Atomic Energy Act (42 U.S.C. 2011 et seq.).
        Sec. 130. American and Sacramento Rivers, California. Section
    101(a)(1)(B) of the Water Resources Development Act of 1996 (Public Law
    104-303: 110 Stat. 3662) is modified to read as follows:
                        ``(B) Credit toward non-federal share.--The non-
                    Federal interest shall receive credit toward the non-
                    Federal share of project costs for expenses that the
                    non-Federal interest incurs for design or construction
                    of any authorized project feature, including credit for
                    work commenced before the date of execution of a
                    cooperation agreement for the affected feature. The
                    amount of the credit shall be determined by the
                    Secretary.''.
        Sec. 131. White River Navigation to Batesville, Arkansas. The
    project for navigation, White River Navigation to Batesville, Arkansas,
    as authorized in Public Law 99-662 is amended to extend the project
    from mile 255, near Newport, Arkansas, to approximately mile 296, near
    Batesville, Arkansas; to include a harbor at Batesville, Arkansas; and
    environmental restoration within the White River Basin including
    Federally owned lands.
        Sec. 132. Landfills Used for Certain Waste. (a) In General.--The
    funding prohibition set forth in section 103 of the Energy and Water
    Development Appropriations Act, 2006 shall not apply to the
    construction or expansion of any landfill in the Muskingum River
    watershed if--
                (1) the landfill is used solely for the disposal of--
                        (A) wastes generated from the combustion or
                    gasification of coal,
                        (B) wastes consisting of byproducts from pollution
                    control technology installed to comply with the Clean
                    Air Act, or
                        (C) both of such types of wastes.
                (2) the landfill is owned by the waste generator or any
            affiliated person, and
                (3) the facility at which the wastes are generated is
            located in the same watershed as the landfill.
        (b) Definitions.--For purposes of this section:
                (1) The term ``affiliated person'' means any person who,
            directly or indirectly, owns or controls the waste generator,
            is owned or controlled by the waste generator, or is under
            common ownership or control with the waste generator.
                (2) The term ``Muskingum River watershed'' shall mean the
            area within the watershed of the Muskingum River, as delineated
            by the Secretary of the Army, acting through the Chief of
            Engineers.
        Sec. 133. Conveyance to Story County, Iowa. Not later than 180 days
    after the date of enactment of this Act, the Chief of the Army Corps of
    Engineers shall convey to Story County, Iowa, without consideration,
    all rights, title, and interest of the United States in and to a parcel
    of real property, including any improvements thereon, consisting of
    approximately 197 acres originally proposed for the Skunk River
    Reservoir, located between Ames, Iowa, and Story City, Iowa.
        Sec. 134. None of the funds provided herein may be used to
    implement any new water control manuals for the Apalachicola-
    Chattahootchee-Flint and Alabama-Coosa-Tallapoosa river systems:
    Provided, That in updating the water control manuals the Secretary of
    the Army, acting through the Chief of Engineers is directed to provide
    the following information by September 30, 2008:
                (1) an estimate of the amount of withdrawals from each
            respective river basin for entities withdrawing one million
            gallons per day or more over the preceding 60 months;
                (2) a flow data set for the respective river basin updated
            through the most recently completed calendar year;
                (3) an estimated projection of total water usage in the
            respective basins over the next 25 years.
        Sec. 135. Title II, chapter 3 of Public Law 109-234 under the
    heading ``Construction'' is modified by striking ``construction:
    Provided,'' and inserting in lieu thereof ``: Provided, That the
    Secretary of the Army, in implementing projects and measures in the New
    Orleans metropolitan area required to achieve certification for
    participation in the National Flood Insurance Program as directed in
    Public Law 109-234 shall include all authorized features of the
    Southeast Louisiana Flood Control project and related internal pumping
    requirements as integral elements of the comprehensive protection
    system for the area and shall complete all authorized work for the
    Southeast Louisiana project concurrently and integrally with other area
    projects: Provided further,''.
        Sec. 136. Utilizing funds appropriated under Alaska Coastal Erosion
    or other available funds, the Secretary of the Army, acting through the
    Chief of Engineers, is directed to prepare a preliminary action plan
    for any community that requests assistance pursuant to section 117, as
    contained in title I, division C of Public Law 108-447: Provided, That
    the preliminary action plan pursuant to this authority shall be
    presented to the Assistant Secretary of the Army (Civil Works) and the
    Alaska Congressional Delegation not later than 90 days after the
    initial request from the community: Provided further, That the
    preliminary action plan will recommend the most appropriate course of
    action (relocation or erosion stabilization), including a preliminary
    cost estimate and, at a minimum, the first year funding requirements:
    Provided further, That if the Alaska District is unable to comply with
    this reporting requirement, the District shall provide written
    notification to the Assistant Secretary of the Army (Civil Works) and
    the Alaska Congressional Delegation within 30 days of the community
    assistance request explaining why they are unable to comply.

                                    TITLE II

                           DEPARTMENT OF THE INTERIOR

                              Central Utah Project

                    central utah project completion account

        For carrying out activities authorized by the Central Utah Project
    Completion Act, $41,380,000, to remain available until expended, of
    which $976,000 shall be deposited into the Utah Reclamation Mitigation
    and Conservation Account for use by the Utah Reclamation Mitigation and
    Conservation Commission.
        In addition, for necessary expenses incurred in carrying out
    related responsibilities of the Secretary of the Interior, $1,620,000,
    to remain available until expended.
        For fiscal year 2008, the Commission may use an amount not to
    exceed $1,500,000 for administrative expenses.

                             Bureau of Reclamation

        The following appropriations shall be expended to execute
    authorized functions of the Bureau of Reclamation:

                          water and related resources

                         (including transfers of funds)

        For management, development, and restoration of water and related
    natural resources and for related activities, including the operation,
    maintenance, and rehabilitation of reclamation and other facilities,
    participation in fulfilling related Federal responsibilities to Native
    Americans, and related grants to, and cooperative and other agreements
    with, State and local governments, federally recognized Indian tribes,
    and others, $949,882,000, to remain available until expended, of which
    $60,258,000 shall be available for transfer to the Upper Colorado River
    Basin Fund and $26,787,000 shall be available for transfer to the Lower
    Colorado River Basin Development Fund; of which such amounts as may be
    necessary may be advanced to the Colorado River Dam Fund; of which not
    more than $500,000 is for high priority projects which shall be carried
    out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
    Provided, That such transfers may be increased or decreased within the
    overall appropriation under this heading: Provided further, That of the
    total appropriated, the amount for program activities that can be
    financed by the Reclamation Fund or the Bureau of Reclamation special
    fee account established by 16 U.S.C. 460l-6a(i) shall be derived from
    that Fund or account: Provided further, That funds contributed under 43
    U.S.C. 395 are available until expended for the purposes for which
    contributed: Provided further, That funds advanced under 43 U.S.C. 397a
    shall be credited to this account and are available until expended for
    the same purposes as the sums appropriated under this heading: Provided
    further, That funds available for expenditure for the Departmental
    Irrigation Drainage Program may be expended by the Bureau of
    Reclamation for site remediation on a non-reimbursable basis: Provided
    further, That funds provided for the Friant-Kern and Madera Canals
    improvements may be expended on a non-reimbursable basis: Provided
    further, That $2,952,000 of the funds appropriated under this heading
    shall be deposited in the San Gabriel Basin Restoration Fund
    established by section 110 of title I of appendix D of Public Law 106-
    554.

                    central valley project restoration fund

        For carrying out the programs, projects, plans, and habitat
    restoration, improvement, and acquisition provisions of the Central
    Valley Project Improvement Act, $59,122,000, to be derived from such
    sums as may be collected in the Central Valley Project Restoration Fund
    pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of
    Public Law 102-575, to remain available until expended: Provided, That
    the Bureau of Reclamation is directed to assess and collect the full
    amount of the additional mitigation and restoration payments authorized
    by section 3407(d) of Public Law 102-575: Provided further, That none
    of the funds made available under this heading may be used for the
    acquisition or leasing of water for in-stream purposes if the water is
    already committed to in-stream purposes by a court adopted decree or
    order.

                        california bay-delta restoration

                         (including transfer of funds)

        For carrying out activities authorized by the Water Supply,
    Reliability, and Environmental Improvement Act, consistent with plans
    to be approved by the Secretary of the Interior, $40,098,000, to remain
    available until expended, of which such amounts as may be necessary to
    carry out such activities may be transferred to appropriate accounts of
    other participating Federal agencies to carry out authorized purposes:
    Provided, That funds appropriated herein may be used for the Federal
    share of the costs of CALFED Program management: Provided further, That
    the use of any funds provided to the California Bay-Delta Authority for
    program-wide management and oversight activities shall be subject to
    the approval of the Secretary of the Interior: Provided further, That
    CALFED implementation shall be carried out in a balanced manner with
    clear performance measures demonstrating concurrent progress in
    achieving the goals and objectives of the Program.

                           policy and administration

                         (including transfer of funds)

        For necessary expenses of policy, administration, and related
    functions in the office of the Commissioner, the Denver office, and
    offices in the five regions of the Bureau of Reclamation, to remain
    available until expended, $58,811,000, to be derived from the
    Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
    Provided, That no part of any other appropriation in this Act shall be
    available for activities or functions budgeted as policy and
    administration expenses: Provided further, That, of the funds provided
    under this heading, $10,000,000 shall be transferred to ``Water and
    Related Resources'' upon the expiration of the 60-day period following
    the date of enactment of this Act if, during such period, the Secretary
    of the Interior has not submitted to the Committees on Appropriations
    of the House of Representatives and the Senate the Bureau of
    Reclamation's five-year budget plan.

                            administrative provision

        Appropriations for the Bureau of Reclamation shall be available for
    purchase of not to exceed 14 passenger motor vehicles, which are for
    replacement only.

                 General Provisions, Department of the Interior

        Sec. 201. (a) None of the funds appropriated or otherwise made
    available by this Act may be used to determine the final point of
    discharge for the interceptor drain for the San Luis Unit until
    development by the Secretary of the Interior and the State of
    California of a plan, which shall conform to the water quality
    standards of the State of California as approved by the Administrator
    of the Environmental Protection Agency, to minimize any detrimental
    effect of the San Luis drainage waters.
        (b) The costs of the Kesterson Reservoir Cleanup Program and the
    costs of the San Joaquin Valley Drainage Program shall be classified by
    the Secretary of the Interior as reimbursable or nonreimbursable and
    collected until fully repaid pursuant to the ``Cleanup Program-
    Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment
    Plan'' described in the report entitled ``Repayment Report, Kesterson
    Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
    February 1995'', prepared by the Department of the Interior, Bureau of
    Reclamation. Any future obligations of funds by the United States
    relating to, or providing for, drainage service or drainage studies for
    the San Luis Unit shall be fully reimbursable by San Luis Unit
    beneficiaries of such service or studies pursuant to Federal
    reclamation law.
         Sec. 202. None of the funds appropriated or otherwise made
    available by this or any other Act may be used to pay the salaries and
    expenses of personnel to purchase or lease water in the Middle Rio
    Grande or the Carlsbad Projects in New Mexico unless said purchase or
    lease is in compliance with the purchase requirements of section 202 of
    Public Law 106-60.
         Sec. 203. Funds under this title for Drought Emergency Assistance
    shall be made available primarily for leasing of water for specified
    drought related purposes from willing lessors, in compliance with
    existing State laws and administered under State water priority
    allocation.
         Sec. 204. The Secretary of the Interior, acting through the
    Commissioner of the Bureau of Reclamation, is authorized to enter into
    grants, cooperative agreements, and other agreements with irrigation or
    water districts and States to fund up to 50 percent of the cost of
    planning, designing, and constructing improvements that will conserve
    water, increase water use efficiency, or enhance water management
    through measurement or automation, at existing water supply projects
    within the States identified in the Act of June 17, 1902, as amended,
    and supplemented: Provided, That when such improvements are to
    federally owned facilities, such funds may be provided in advance on a
    non-reimbursable basis to an entity operating affected transferred
    works or may be deemed non-reimbursable for non-transferred works:
    Provided further, That the calculation of the non-Federal contribution
    shall provide for consideration of the value of any in-kind
    contributions, but shall not include funds received from other Federal
    agencies: Provided further, That the cost of operating and maintaining
    such improvements shall be the responsibility of the non-Federal
    entity: Provided further, That this section shall not supercede any
    existing project-specific funding authority: Provided further, That the
    Secretary is also authorized to enter into grants or cooperative
    agreements with universities or non-profit research institutions to
    fund water use efficiency research.
        Sec. 205. (a) Section 209 of the Energy and Water Development
    Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1850) is
    repealed.
        (b) The Secretary of the Interior (referred to in this section as
    the ``Secretary'') shall establish an Executive Committee of the Middle
    Rio Grande Endangered Species Collaborative Program (referred to in
    this section as the ``Executive Committee'') consistent with the bylaws
    of the Middle Rio Grande Endangered Species Collaborative Program
    adopted on October 2, 2006.
        (c) In compliance with applicable Federal and State laws, the
    Secretary (acting through the Commissioner of Reclamation), in
    collaboration with the Executive Committee, may enter into any grants,
    contracts, cooperative agreements, interagency agreements, or other
    agreements that the Secretary determines to be necessary to comply with
    the 2003 Biological Opinion described in section 205(b) of the Energy
    and Water Development Appropriations Act, 2005 (Public Law 108-447; 118
    Stat. 2949) as amended by section 121(b) of the Energy and Water
    Development Appropriations Act, 2006 (Public Law 109-103; 119 Stat.
    2256) or in furtherance of the objectives set forth in the
    collaborative program long-term plan.
        (d)(1) The acquisition of water under subsection (c) and any
    administrative costs associated with carrying out subsection (c) shall
    be at full Federal expense.
        (2) Not more than 15 percent of amounts appropriated to carry out
    subsection (c) shall be made available for the payment of
    administrative expenses associated with carrying out that subsection.
        (e)(1) The non-Federal share of activities carried out under
    subsection (c) (other than an activity or a cost described in
    subsection (d)(1)) shall be 25 percent. The non-Federal cost share
    shall be determined on a programmatic, rather than a project-by-project
    basis.
        (2) The non-Federal share required under paragraph (1) may be in
    the form of in-kind contributions, the value of which shall be
    determined by the Secretary in consultation with the executive
    committee.
        (f) Nothing in this section modifies or expands the discretion of
    the Secretary with respect to operating reservoir facilities under the
    jurisdiction of the Secretary in the Rio Grande Valley, New Mexico.
        Sec. 206. In furtherance of section 529 of Public Law 106-541, the
    Secretary of the Interior shall continue to participate in
    implementation of the Project at Las Vegas Wash and Lake Mead in
    accordance with the Plan, and may provide grants to the Southern Nevada
    Water Authority to carry out the implementation of the Project at Las
    Vegas Wash and Lake Mead in accordance with the Plan: Provided, That
    issuance of any such grants shall not modify the cost sharing
    requirements provided in section 529(b) of Public Law 106-541.
        Sec. 207. In carrying out section 2507 of Public Law 107-171, the
    Secretary of the Interior, acting through the Commissioner of
    Reclamation, shall use $2,000,000 to provide grants, to be divided
    equally, to the State of Nevada and the State of California to
    implement the Truckee River Settlement Act, Public Law 101-618.
        Sec. 208. (a) Notwithstanding any other provision of law, of
    amounts made available under section 2507 of the Farm Security and
    Rural Investment Act of 2002 (43 U.S.C. 2211 note; Public Law 107-171),
    the Secretary of the Interior--
                (1) acting through the Commissioner of Reclamation, shall
            use--
                        (A) subject to subsection (b), $3,000,000 for
                    activities necessary to convey to the State of Nevada
                    the land known as the ``Carson Lake and Pasture'', as
                    authorized by section 206(e) of the Truckee-Carson-
                    Pyramid Lake Water Rights Settlement Act (Public Law
                    101-618: 104 Stat. 3311);
                        (B) $10,000,000 for the removal of the Numana Dam
                    and other obsolete irrigation structures located on the
                    Pyramid Lake Paiute Reservation for the benefit of the
                    Pyramid Lake Paiute Tribe because of their status as
                    Indians;
                        (C) in consultation with the Corps of Engineers, as
                    applicable, $5,000,000 to study and prepare plans for
                    the development and construction of a pipeline to
                    convey water from Dixie Valley to Churchill County,
                    Nevada;
                        (D) $10,000,000 for--
                                (i) design and construction of the Derby
                            Dam fish screen to allow passage of fish,
                            including the cui-ui and Lahontan cutthroat
                            trout; and
                                (ii) any improvements to Derby Dam
                            necessary to make the fish screen operable;
                        (E) $6,000,000 for the acquisition of not more than
                    4 small hydroelectric power plants from the Sierra
                    Pacific Power Company to improve water allocation and
                    fish passage in the Truckee River; and
                        (F) $6,000,000 for Lower Truckee River restoration
                    projects identified by the cities of Reno and Sparks,
                    Nevada, and Washoe County, Nevada;
                (2) shall allocate $9,000,000 to a nonprofit conservation
            organization, acting in consultation with the Truckee Meadows
            Water Authority, for--
                        (A) the acquisition of land surrounding
                    Independence Lake; and
                        (B) protection of the native fishery and water
                    quality of Independence Lake;
                (3) shall allocate $1,000,000 to the Summit Lake Paiute
            Tribe to plan and complete restoration efforts at the Summit
            Lake in Northern Washoe County, Nevada, for the benefit of the
            Tribe because of their status as Indians;
                (4) shall allocate $3,000,000 to the Newlands Project Water
            Rights Fund for a Federal-State-Pyramid Lake Paiute Tribe
            program, to be administered by an entity identified by the 3
            applicable parties, for the retirement of water rights pursuant
            to the Truckee-Carson-Pyramid Lake Water Rights Settlement Act
            (Public Law 101-618: 104 Stat. 3311);
                (5) shall allocate $2,500,000 to the United States Fish and
            Wildlife Service to analyze, in cooperation and consultation
            with external experts, the impacts of low water flows on
            reproduction at the Walker Lake fishery, including an analysis
            of methods to prevent permanent effects on the fishery from low
            water flows;
                (6) shall allocate $4,000,000 to the State of Nevada to
            prepare watershed inventories, with a particular focus on the
            Walker and Carson River Basins;
                (7) shall allocate $5,000,000 for joint planning and
            development activities for water, wastewater, and sewer
            facilities by the city of Fernley, Nevada, and the Pyramid Lake
            Paiute Tribe;
                (8) shall allocate $500,000 for the Walker River Paiute
            Tribe for legal and professional services in support of
            settling tribal water claims in the Walker River Basin and to
            Walker Lake;
                (9) shall allocate $1,000,000 to the Walker River
            Irrigation District--
                        (A) to plan and implement a weed control program to
                    improve conveyance efficiency of water controlled by
                    the Irrigation District; and
                        (B) to make improvements to water gauges controlled
                    by the Irrigation District to enhance the water
                    monitoring activities of the Irrigation District; and
                (10) shall allocate $250,000 to Churchill County, Nevada,
            to provide testing of groundwater wells.
        (b)(1) The Secretary shall achieve compliance with all applicable
    Federal laws (including regulations) relating to the conveyance of the
    Carson Lake and Pasture to the State of Nevada as described in
    subsection (a)(1)(A) by not later than June 30, 2010.
        (2) Any amounts made available to carry out the conveyance
    described in subsection (a)(1)(A) but not expended for that purpose
    shall be made available to the State of Nevada to supplement funds
    provided under section 217(a)(1) of the Energy and Water Development
    Appropriations Act, 2004 (Public Law 108-137; 117 Stat. 1852), to
    purchase water rights from willing sellers and to make necessary
    improvements to benefit the Carson Lake and Pasture.
        Sec. 209. Section 10(a) of the Mni Wiconi Project Act of 1988
    (Public Law 100-516; 102 Stat. 2571; 116 Stat. 3033) is amended in the
    second sentence by striking ``2008'' and inserting ``2013''.
        Sec. 210. Inland Empire and Cucamonga Valley Recycling Projects.
    The Reclamation Wastewater and Groundwater Study and Facilities Act
    (Public Law 102-575, title XVI; 43 U.S.C. 390h et seq.) is amended by
    adding at the end the following:

    ``SEC. 16__. INLAND EMPIRE REGIONAL WATER RECYCLING PROJECT.

        ``(a) In General.--The Secretary, in cooperation with the Inland
    Empire Utilities Agency, may participate in the design, planning, and
    construction of the Inland Empire regional water recycling project
    described in the report submitted under section 1606(c).
        ``(b) Cost Sharing.--The Federal share of the cost of the project
    described in subsection (a) shall not exceed 25 percent of the total
    cost of the project.
        ``(c) Limitation.--Funds provided by the Secretary shall not be
    used for operation and maintenance of the project described in
    subsection (a).
        ``(a) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $20,000,000.

    ``SEC. 16__. CUCAMONGA VALLEY WATER RECYCLING PROJECT.

        ``(a) In General.--The Secretary, in cooperation with the Cucamonga
    Valley Water District, may participate in the design, planning, and
    construction of the Cucamonga Valley Water District satellite recycling
    plants in Rancho Cucamonga, California, to reclaim and recycle
    approximately 2 million gallons per day of domestic wastewater.
        ``(b) Cost Sharing.--The Federal share of the cost of the project
    described in subsection (a) shall not exceed 25 percent of the capital
    cost of the project.
        ``(c) Limitation.--Funds provided by the Secretary shall not be
    used for operation and maintenance of the project described in
    subsection (a).
        ``(d) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section, $10,000,000.
        ``(e) Sunset of Authority.--The authority of the Secretary to carry
    out any provisions of this section shall terminate 10 years after the
    date of the enactment of this section.''.
        (c) Conforming Amendments.--The table of sections in section 2 of
    Public Law 102-575 is amended by inserting after the last item the
    following:

    ``16__. Inland Empire Regional Water Recycling Program.
    ``16__. Cucamonga Valley Water Recycling Project.''.
        Sec. 211. Prior to the unilateral termination or removal of cabin
    or trailer sites on Bureau of Reclamation lands in North Dakota for the
    purpose of changing land use, the Secretary of the Interior is directed
    to submit a report describing the action to the Committee on Energy and
    Natural Resources, United States Senate and the Committee on Natural
    Resources, United States House of Representatives and the House and
    Senate Committees on Appropriations: Provided, That the Secretary shall
    not move forward with the proposed action until 60 days after the
    report is submitted to the Committee Chairmen.
        Sec. 212. Section 3507(b) of Public Law 102-575 (106 Stat. 4600) is
    amended by striking ``$4,660,000'' and inserting ``$12,660,000''.
        Sec. 213. Authority to Extend Water Contract. The Secretary of the
    Interior may extend the water contract 14-06-600-3593, as amended,
    between the United States and the East Bench Irrigation District for
    water services, until the earlier of--
                (1) the expiration of the 2-year period beginning on the
            date on which the contract would expire but for this section;
            or
                (2) the date on which a new long-term water contract is
            executed by the parties to the contract listed in subsection
            (b).
        Sec. 214. Southern California Desert Region Integrated Water and
    Economic Sustainability Plan. (a) In General.--The Reclamation
    Wastewater and Groundwater Study and Facilities Act (Public Law 102-
    575, title XVI; 43 U.S.C. 390h et seq.) is amended by adding at the end
    the following new section:

    ``SEC. 16__. SOUTHERN CALIFORNIA DESERT REGION INTEGRATED WATER AND
                  ECONOMIC SUSTAINABILITY PLAN.

        ``(a) Authorization.--The Secretary, in cooperation with the Mojave
    Water Agency is authorized to participate in the design, planning, and
    construction of projects to implement the `Mojave Water Agency's
    Integrated Regional Water Management Plan'.
        ``(b) Cost Share.--The Federal share of the costs of the projects
    authorized by this section shall not exceed 25 percent of the total
    cost.
        ``(c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $20,000,000.''.
        (b) Conforming Amendment.--The table of sections in section 2 of
    Public Law 102-575 is amended by inserting after the last item relating
    to title XVI the following:

    ``16__. Southern California desert region integrated water and economic
                                sustainability plan.''.
        (c) Limitation.--The Secretary shall not provide funds for the
    operation or maintenance of a project authorized by this section.
        (d) Credits Toward Non-Federal Share.--For purposes of subparagraph
    (b) the Secretary shall credit the Mojave Water Agency with the value
    of all expenditures made prior to the date of the enactment of this Act
    that are used toward completion of projects that are compatible with
    this section.

                                   TITLE III

                              DEPARTMENT OF ENERGY

                                ENERGY PROGRAMS

                     Energy Efficiency and Renewable Energy

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for energy efficiency and renewable energy
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, $1,739,541,000, to
    remain available until expended: Provided, That the Secretary is
    directed to make fiscal year 2008 weatherization funding available from
    October 1, 2007, through March 31, 2009, for States that submit plans
    requesting allocations for all or part of this period: Provided
    further, That the funds provided for Federal technical assistance and
    training are intended to be used exclusively to support the effective
    delivery of weatherization services as set forth in statute and
    applicable regulations: Provided further, That any change in program
    implementation should be proposed to Congress in the Department's
    budget submission and not implemented before congressional approval is
    obtained.

                  Electricity Delivery and Energy Reliability

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for electricity delivery and energy reliability
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, $140,000,000, to
    remain available until expended.

                                 nuclear energy

                         (including transfer of funds)

        For Department of Energy expenses including the purchase,
    construction, and acquisition of plant and capital equipment, and other
    expenses necessary for nuclear energy activities in carrying out the
    purposes of the Department of Energy Organization Act (42 U.S.C. 7101
    et seq.), including the acquisition or condemnation of any real
    property or any facility or for plant or facility acquisition,
    construction, or expansion, and the purchase of not to exceed 20
    passenger motor vehicles for replacement only, including one ambulance,
    $970,525,000, to remain available until expended: Provided, That
    $233,849,000 is authorized to be appropriated for Project 99-D-143
    Mixed Oxide (MOX) Fuel Fabrication Facility, Savannah River Site, South
    Carolina: Provided further, That the Department of Energy adhere
    strictly to Department of Energy Order 413.3A for Project 99-D-143.

                               Legacy Management

        For Department of Energy expenses for Legacy Management activities,
    $34,183,000, to remain available until expended.

                             Clean Coal Technology

                   (including deferral and transfer of funds)

        Of the funds made available under this heading for obligation in
    prior years, $149,000,000 shall not be available until October 1, 2008:
    Provided, That funds made available in previous appropriations Acts
    shall be made available for any ongoing project regardless of the
    separate request for proposal under which the project was selected:
    Provided further, That $166,000,000 of uncommitted balances are
    transferred to Fossil Energy Research and Development to be used until
    expended.

                     Fossil Energy Research and Development

                         (including transfer of funds)

        For necessary expenses in carrying out fossil energy research and
    development activities, under the authority of the Department of Energy
    Organization Act (Public Law 95-91), including the acquisition of
    interest, including defeasible and equitable interests in any real
    property or any facility or for plant or facility acquisition or
    expansion, and for the hire of passenger motor vehicles, the hire,
    maintenance, and operation of aircraft, the purchase, repair, and
    cleaning of uniforms, the reimbursement to the General Services
    Administration for security guard services, and for conducting
    inquiries, technological investigations and research concerning the
    extraction, processing, use, and disposal of mineral substances without
    objectionable social and environmental costs (30 U.S.C. 3, 1602, and
    1603), $750,000,000, to remain available until expended, of which
    $166,000,000 shall be derived by transfer from ``Clean Coal
    Technology'': Provided further, That funds appropriated for prior
    solicitations under the Clean Coal Technology Program, Power Plant
    Improvement Initiative, and Clean Coal Power Initiative, but not
    required by the Department to meet its obligations on projects selected
    under such solicitations, may be utilized for the Clean Coal Power
    Initiative Round III solicitation under this Act in accordance with the
    requirements of this Act rather than the Acts under which the funds
    were appropriated: Provided further, That no project may be selected
    for which full funding is not available to provide for the total
    project: Provided further, That financial assistance for costs in
    excess of those estimated as of the date of award of original Clean
    Coal Power Initiative financial assistance may not be provided in
    excess of the proportion of costs borne by the Government in the
    original agreement and shall be limited to 25 percent of the original
    financial assistance: Provided further, That at least 50 percent cost-
    sharing shall be required in each budget period of a project: Provided
    further, That in accordance with section 988(e) of Public Law 109-58,
    repayment of the DOE contribution to a project shall not be a condition
    of making an award under this solicitation: Provided further, That no
    part of the sum herein made available shall be used for the field
    testing of nuclear explosives in the recovery of oil and gas: Provided
    further, That in this Act and future Acts, up to 4 percent of program
    direction funds available to the National Energy Technology Laboratory
    may be used to support Department of Energy activities not included in
    this Fossil Energy account: Provided further, That in this Act and
    future Acts, the salaries for Federal employees performing research and
    development activities at the National Energy Technology Laboratory can
    continue to be funded from any appropriate DOE program accounts:
    Provided further, That revenues and other moneys received by or for the
    account of the Department of Energy or otherwise generated by sale of
    products in connection with projects of the Department appropriated
    under the Fossil Energy Research and Development account may be
    retained by the Secretary of Energy, to be available until expended,
    and used only for plant construction, operation, costs, and payments to
    cost-sharing entities as provided in appropriate cost-sharing contracts
    or agreements.

                     Naval Petroleum and Oil Shale Reserves

        For expenses necessary to carry out naval petroleum and oil shale
    reserve activities, including the hire of passenger motor vehicles,
    $20,472,000, to remain available until expended: Provided, That,
    notwithstanding any other provision of law, unobligated funds remaining
    from prior years shall be available for all naval petroleum and oil
    shale reserve activities.

                          Strategic Petroleum Reserve

        For necessary expenses for Strategic Petroleum Reserve facility
    development and operations and program management activities pursuant
    to the Energy Policy and Conservation Act of 1975, as amended (42
    U.S.C. 6201 et seq.), including the hire of passenger motor vehicles,
    the hire, maintenance, and operation of aircraft, the purchase, repair,
    and cleaning of uniforms, and the reimbursement to the General Services
    Administration for security guard services, $188,472,000, to remain
    available until expended, of which $25,000,000 shall be provided to
    carry out new site land acquisition activities consistent with the
    budget request.

                       Northeast Home Heating Oil Reserve

        For necessary expenses for Northeast Home Heating Oil Reserve
    storage, operation, and management activities pursuant to the Energy
    Policy and Conservation Act, $12,448,000, to remain available until
    expended.

                       Energy Information Administration

        For necessary expenses in carrying out the activities of the Energy
    Information Administration, $96,337,000, to remain available until
    expended.

                       Non-Defense Environmental Cleanup

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses necessary for non-defense environmental cleanup activities in
    carrying out the purposes of the Department of Energy Organization Act
    (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
    any real property or any facility or for plant or facility acquisition,
    construction, or expansion, and the purchase of not to exceed three
    passenger motor vehicles for replacement only, $183,937,000, to remain
    available until expended: Provided, That $13,000,000 is appropriated
    for environmental remediation activities associated with the Energy
    Technology and Engineering Center (ETEC) at the Santa Susana Field
    Laboratory (SSFL), subject to the following: (1) the Department shall
    use a portion of this funding to enter into an interagency agreement
    with the Environmental Protection Agency to conduct a joint
    comprehensive radioactive site characterization of Area IV of the SSFL;
    (2) the Department shall ensure that all aspects of the cleanup of
    radioactive contamination at Area IV of the SSFL comply fully with the
    Comprehensive Environmental Response, Compensation and Liability Act,
    if applicable; and (3) the Department shall retain Federal control of
    ETEC and it shall not be released for other use until such time as the
    Department has complied with actions directed in subsections (1) and
    (2).

          Uranium Enrichment Decontamination and Decommissioning Fund

        For necessary expenses in carrying out uranium enrichment facility
    decontamination and decommissioning, remedial actions, and other
    activities of title II of the Atomic Energy Act of 1954, as amended,
    and title X, subtitle A, of the Energy Policy Act of 1992,
    $627,876,000, to be derived from the Fund, to remain available until
    expended, of which $20,000,000 shall be available in accordance with
    title X, subtitle A, of the Energy Policy Act of 1992.

                                    Science

                        (including rescission of funds)

        For Department of Energy expenses including the purchase,
    construction and acquisition of plant and capital equipment, and other
    expenses necessary for science activities in carrying out the purposes
    of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or
    facility or for plant or facility acquisition, construction, or
    expansion, and purchase of not to exceed 30 passenger motor vehicles
    for replacement only, $4,055,483,000, to remain available until
    expended: Provided, That of the funds made available in section 130 of
    division H (Miscellaneous Appropriations and Offsets) of the
     Consolidated Appropriations Act, 2004, Public Law 108-199, as amended
    by section 315 of Public Law 109-103, for the Coralville, Iowa,
    project, $44,569,000 is rescinded.

                             Nuclear Waste Disposal

        For nuclear waste disposal activities to carry out the purposes of
    the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended
    (the ``Act''), including the acquisition of real property or facility
    construction or expansion, $189,000,000, to remain available until
    expended, and to be derived from the Nuclear Waste Fund: Provided, That
    of the funds made available in this Act for Nuclear Waste Disposal,
    $5,000,000 shall be provided to the State of Nevada solely for
    expenditures, other than salaries and expenses of State employees, to
    conduct scientific oversight responsibilities and participate in
    licensing activities pursuant to the Act: Provided further, That
    notwithstanding the lack of a written agreement with the State of
    Nevada under section 117(c) of the Nuclear Waste Policy Act of 1982,
    Public Law 97-425, as amended, not less than $1,000,000 shall be
    provided to Nye County, Nevada, for on-site oversight activities under
    section 117(d) of that Act: Provided further, That $9,000,000 shall be
    provided to affected units of local government, as defined in the Act,
    to conduct appropriate activities and participate in licensing
    activities: Provided further, That of the $9,000,000 provided, 7.5
    percent of the funds provided shall be made available to affected units
    of local government in California with the balance made available to
    affected units of local government in Nevada for distribution as
    determined by the Nevada units of local government. This funding shall
    be provided to affected units of local government, as defined in the
    Act, to conduct appropriate activities and participate in licensing
    activities. The Committee requires the entities to certify that within
    90 days of the completion of each Federal fiscal year, the Nevada
    Division of Emergency Management and the Governor of the State of
    Nevada and each of the affected units of local government shall provide
    certification to the Department of Energy that all funds expended from
    such payments have been expended for the activities authorized by the
    Act and this Act: Provided, That notwithstanding the provisions of
    chapters 65 and 75 of title 31, United States Code, the Department
    shall have no monitoring, auditing or other oversight rights or
    responsibilities over amounts provided to affected units of local
    government in this or any previous year: Provided further, That the
    funds for the State of Nevada shall be made available solely to the
    Nevada Division of Emergency Management by direct payment and to units
    of local government by direct payment: Provided further, That within 90
    days of the completion of each Federal fiscal year, the Nevada Division
    of Emergency Management and the Governor of the State of Nevada and
    each of the affected units of local government shall provide
    certification to the Department of Energy that all funds expended from
    such payments have been expended for activities authorized by the Act
    and this Act: Provided further, That failure to provide such
    certification shall cause such entity to be prohibited from any further
    funding provided for similar activities: Provided further, That none of
    the funds herein appropriated may be: (1) used directly or indirectly
    to influence legislative action, except for normal and recognized
    executive-legislative communications, on any matter pending before
    Congress or a State legislature or for lobbying activity as provided in
    18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to
    support multi-State efforts or other coalition building activities
    inconsistent with the restrictions contained in this Act: Provided
    further, That all proceeds and recoveries realized by the Secretary in
    carrying out activities authorized by the Act, including but not
    limited to, any proceeds from the sale of assets, shall be available
    without further appropriation and shall remain available until
    expended: Provided further, That no funds provided in this Act or any
    previous Act may be used to pursue repayment or collection of funds
    provided in any fiscal year to affected units of local government for
    oversight activities that had been previously approved by the
    Department of Energy, or to withhold payment of any such funds.

           title 17 innovative technology loan guarantee loan program

        For the cost of the guaranteed loans as authorized by section
    1702(b)(2) of the Energy Policy Act of 2005, such sums as are hereafter
    derived from amounts received from borrowers pursuant to section
    1702(b)(2) of that Act, to remain available until September 30, 2009:
    Provided, That the source of such payment received from borrowers is
    not a loan or other debt obligation that is guaranteed by the Federal
    Government: Provided further, That none of the funds made available in
    this or prior Acts shall be available for the execution of a new
    solicitation with respect to such guaranteed loans until 45 days after
    the Department of Energy has submitted to the Committees on
    Appropriations a loan guarantee implementation plan that defines the
    proposed award levels and eligible technologies: Provided further, That
    the Department shall not deviate from such plan without 45 days prior
    notice to the Committees: Provided further, That for necessary
    administrative expenses to carry out this Loan Guarantee program,
    $5,500,000 is appropriated, to remain available until expended:
    Provided further, That fees collected pursuant to section 1702(h) of
    the Energy Policy Act of 2005 shall be credited as offsetting
    collections to this account, so as to result in a final fiscal year
    2008 appropriation from the general fund estimated at not more than $0.

                          Departmental Administration

                         (including transfer of funds)

        For salaries and expenses of the Department of Energy necessary for
    departmental administration in carrying out the purposes of the
    Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the hire of passenger motor vehicles and official reception
    and representation expenses not to exceed $30,000, $311,596,000, to
    remain available until expended, plus such additional amounts as
    necessary to cover increases in the estimated amount of cost of work
    for others notwithstanding the provisions of the Anti-Deficiency Act
    (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work
    are offset by revenue increases of the same or greater amount, to
    remain available until expended: Provided further, That moneys received
    by the Department for miscellaneous revenues estimated to total
    $161,818,000 in fiscal year 2008 may be retained and used for operating
    expenses within this account, and may remain available until expended,
    as authorized by section 201 of Public Law 95-238, notwithstanding the
    provisions of 31 U.S.C. 3302: Provided further, That the sum herein
    appropriated shall be reduced by the amount of miscellaneous revenues
    received during 2008, and any related appropriated receipt account
    balances remaining from prior years' miscellaneous revenues, so as to
    result in a final fiscal year 2008 appropriation from the general fund
    estimated at not more than $149,778,000.

                        Office of the Inspector General

        For necessary expenses of the Office of the Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $46,480,000, to remain available until expended.

                        ATOMIC ENERGY DEFENSE ACTIVITIES

                    National Nuclear Security Administration

                               Weapons Activities

                         (including transfer of funds)

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    incidental expenses necessary for atomic energy defense weapons
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion; $6,355,633,000, to
    remain available until expended: Provided, That $38,957,000 is
    authorized to be appropriated for Project 06-D-140-05 (PED) Uranium
    Processing Facility, Y-12 Plant, Oak Ridge, Tennessee: Provided
    further, That $69,330,000 is authorized to be appropriated for Project
    99-D-141 Pit Disassembly and Conversion Facility (PDCF), Savannah River
    Site, South Carolina: Provided further, That $74,809,000 is authorized
    to be appropriated for 04-D-125 Chemistry and Metallurgy facility
    replacement project, Los Alamos, New Mexico: Provided further, That
    $10,000,000 is authorized to be appropriated for Ion Beam Laboratory
    refurbishment, Sandia National Laboratory, Albuquerque, New Mexico:
    Provided further, That $14,846,000 is authorized to be appropriated for
    Material Security and Consolidation project, Idaho National Laboratory,
    Idaho.

                        Defense Nuclear Nonproliferation

                        (including rescissions of funds)

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    incidental expenses necessary for atomic energy defense, defense
    nuclear nonproliferation activities, in carrying out the purposes of
    the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or any
    facility or for plant or facility acquisition, construction, or
    expansion, $1,673,275,000, to remain available until expended:
    Provided, That $50,000,000 of such funds shall be available until
    expended for the contribution of the United States to create a low-
    enriched uranium stockpile for an International Nuclear Fuel Bank
    supply of nuclear fuel for peaceful means under the International
    Atomic Energy Agency: Provided further, That $25,000,000 is authorized
    to be appropriated for Project 06-D-180 National Security Laboratory at
    the Pacific Northwest National Laboratory, Richland, Washington:
    Provided further, That of the funds made available under this heading
    in appropriation Acts for fiscal year 2007 and prior fiscal years for
    Project 99-D-143 Mixed Oxide (MOX) Fuel Fabrication Facility, Savannah
    River Site, South Carolina, $115,000,000 are rescinded: Provided
    further, That of the funds made available under this heading in
    appropriation Acts for fiscal year 2007 and prior fiscal years for
    Russian Surplus Fissile Materials Disposition, $57,000,000 are
    rescinded: Provided further, That of the funds made available in the
    first paragraph under the heading ``Atomic Energy Defense Activities--
    Other Defense Activities'' in chapter 2 of title I of division B of
    Public Law 105-277 and subsequently transferred by the Department of
    Energy to the Defense Nuclear Nonproliferation program, $150,000,000
    are rescinded.

                                 Naval Reactors

        For Department of Energy expenses necessary for naval reactors
    activities to carry out the Department of Energy Organization Act (42
    U.S.C. 7101 et seq.), including the acquisition (by purchase,
    condemnation, construction, or otherwise) of real property, plant, and
    capital equipment, facilities, and facility expansion, $781,800,000, to
    remain available until expended.

                          Office of the Administrator

        For necessary expenses of the Office of the Administrator in the
    National Nuclear Security Administration, including official reception
    and representation expenses not to exceed $12,000, $405,987,000, to
    remain available until expended.

                   ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                         Defense Environmental Cleanup

                         (including transfer of funds)

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses necessary for atomic energy defense environmental cleanup
    activities in carrying out the purposes of the Department of Energy
    Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
    condemnation of any real property or any facility or for plant or
    facility acquisition, construction, or expansion, and the purchase of
    not to exceed three passenger motor vehicles for replacement only,
    $5,398,573,000, to remain available until expended, of which
    $463,000,000 shall be transferred to and deposited in the ``Uranium
    Enrichment Decontamination and Decommissioning Fund''.

                            Other Defense Activities

                         (including transfer of funds)

        For Department of Energy expenses, including the purchase,
    construction, and acquisition of plant and capital equipment and other
    expenses, necessary for atomic energy defense, other defense
    activities, and classified activities, in carrying out the purposes of
    the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
    including the acquisition or condemnation of any real property or any
    facility or for plant or facility acquisition, construction, or
    expansion, and the purchase of not to exceed twelve passenger motor
    vehicles for replacement only, $761,290,000, to remain available until
    expended: Provided, That of the funds provided under this heading in
    Public Law 109-103, $4,900,000 are transferred to ``Weapons
    Activities'' for special nuclear material consolidation activities
    associated with safeguards and security.

                         Defense Nuclear Waste Disposal

        For nuclear waste disposal activities to carry out the purposes of
    Public Law 97-425, as amended, including the acquisition of real
    property or facility construction or expansion, $201,000,000, to remain
    available until expended.

                        POWER MARKETING ADMINISTRATIONS

                      Bonneville Power Administration Fund

        Expenditures from the Bonneville Power Administration Fund,
    established pursuant to Public Law 93-454, are approved for the Lower
    Granite Dam fish trap, the Kootenai River White Sturgeon Hatchery, the
    Nez Perce Tribal Hatchery, Redfish Lake Sockeye Captive Brood
    expansion, hatchery production facilities to supplement Chinook salmon
    below Chief Joseph Dam in Washington, Hood River Production Facility,
    Klickitat production expansion, Mid-Columbia Coho restoration, and
    Yakama Coho restoration, and in addition, for official reception and
    representation expenses in an amount not to exceed $1,500. During
    fiscal year 2008, no new direct loan obligations may be made.

          Operation and Maintenance, Southeastern Power Administration

        For necessary expenses of operation and maintenance of power
    transmission facilities and of marketing electric power and energy,
    including transmission wheeling and ancillary services pursuant to
    section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
    to the southeastern power area, $6,463,000, to remain available until
    expended: Provided, That, notwithstanding the provisions of 31 U.S.C.
    3302, beginning in fiscal year 2008 and thereafter, such funds as are
    received by the Southeastern Power Administration from any State,
    municipality, corporation, association, firm, district, or individual
    as advance payment for work that is associated with Southeastern's
    Operations and Maintenance, consistent with that authorized in section
    5 of the Flood Control Act of 1944, shall be credited to this account
    and be available until expended: Provided further, That,
    notwithstanding 31 U.S.C. 3302, up to $48,413,000 collected by the
    Southeastern Power Administration pursuant to the Flood Control Act of
    1944 to recover purchase power and wheeling expenses shall be credited
    to this account as offsetting collections, to remain available until
    expended for the sole purpose of making purchase power and wheeling
    expenditures.

          Operation and Maintenance, Southwestern Power Administration

        For necessary expenses of operation and maintenance of power
    transmission facilities and of marketing electric power and energy, for
    construction and acquisition of transmission lines, substations and
    appurtenant facilities, and for administrative expenses, including
    official reception and representation expenses in an amount not to
    exceed $1,500 in carrying out section 5 of the Flood Control Act of
    1944 (16 U.S.C. 825s), as applied to the southwestern power
    administration, $30,442,000, to remain available until expended:
    Provided, That, notwithstanding 31 U.S.C. 3302, up to $35,000,000
    collected by the Southwestern Power Administration pursuant to the
    Flood Control Act to recover purchase power and wheeling expenses shall
    be credited to this account as offsetting collections, to remain
    available until expended for the sole purpose of making purchase power
    and wheeling expenditures.

     Construction, Rehabilitation, Operation and Maintenance, Western Area
                              Power Administration

        For carrying out the functions authorized by title III, section
    302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
    related activities including conservation and renewable resources
    programs as authorized, including the operation, maintenance, and
    purchase through transfer, exchange, or sale of one helicopter for
    replacement only, and official reception and representation expenses in
    an amount not to exceed $1,500; $231,030,000, to remain available until
    expended, of which $221,094,000 shall be derived from the Department of
    the Interior Reclamation Fund: Provided, That of the amount herein
    appropriated, $7,167,000 is for deposit into the Utah Reclamation
    Mitigation and Conservation Account pursuant to title IV of the
    Reclamation Projects Authorization and Adjustment Act of 1992: Provided
    further, That notwithstanding the provision of 31 U.S.C. 3302, up to
    $308,702,000 collected by the Western Area Power Administration
    pursuant to the Flood Control Act of 1944 and the Reclamation Project
    Act of 1939 to recover purchase power and wheeling expenses shall be
    credited to this account as offsetting collections, to remain available
    until expended for the sole purpose of making purchase power and
    wheeling expenditures.

               Falcon and Amistad Operating and Maintenance Fund

        For operation, maintenance, and emergency costs for the
    hydroelectric facilities at the Falcon and Amistad Dams, $2,500,000, to
    remain available until expended, and to be derived from the Falcon and
    Amistad Operating and Maintenance Fund of the Western Area Power
    Administration, as provided in section 423 of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995.

                      Federal Energy Regulatory Commission

                             salaries and expenses

        For necessary expenses of the Federal Energy Regulatory Commission
    to carry out the provisions of the Department of Energy Organization
    Act (42 U.S.C. 7101 et seq.), including services as authorized by 5
    U.S.C. 3109, the hire of passenger motor vehicles, and official
    reception and representation expenses not to exceed $3,000,
    $260,425,000, to remain available until expended: Provided, That
    notwithstanding any other provision of law, not to exceed $260,425,000
    of revenues from fees and annual charges, and other services and
    collections in fiscal year 2008 shall be retained and used for
    necessary expenses in this account, and shall remain available until
    expended: Provided further, That the sum herein appropriated from the
    general fund shall be reduced as revenues 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 $0.

                    GENERAL PROVISIONS, DEPARTMENT OF ENERGY

        Sec. 301. Contract Competition. (a) None of the funds in this or
    any other appropriations Act for fiscal year 2008 or any previous
    fiscal year may be used to make payments for a noncompetitive
    management and operating contract, or a contract for environmental
    remediation or waste management in excess of $100,000,000 in annual
    funding at a current or former management and operating contract site
    or facility, or award a significant extension or expansion to an
    existing management and operating contract, or other contract covered
    by this section, unless such contract is awarded using competitive
    procedures or the Secretary of Energy grants, on a case-by-case basis,
    a waiver to allow for such a deviation. The Secretary may not delegate
    the authority to grant such a waiver.
        (b) The term ``competitive procedures'' has the meaning provided in
    section 4 of the Office of Federal Procurement Policy Act (41 U.S.C.
    403) and includes procedures described in section 303 of the Federal
    Property and Administrative Services Act of 1949 (41 U.S.C. 253) other
    than a procedure that solicits a proposal from only one source.
        (c) Within 30 days of formally notifying an incumbent contractor
    that the Secretary intends to grant such a waiver, the Secretary shall
    submit to the Subcommittees on Energy and Water Development of the
    Committees on Appropriations of the House of Representatives and the
    Senate a report notifying the Subcommittees of the waiver and setting
    forth, in specificity, the substantive reasons why the Secretary
    believes the requirement for competition should be waived for this
    particular award.
        Sec. 302. Unfunded Requests for Proposals. None of the funds
    appropriated by this Act may be used to prepare or initiate Requests
    For Proposals (RFPs) for a program if the program has not been funded
    by Congress.
        Sec. 303. Workforce Restructuring. None of the funds appropriated
    by this Act may be used to--
                (1) develop or implement a workforce restructuring plan
            that covers employees of the Department of Energy; or
                (2) provide enhanced severance payments or other benefits
            for employees of the Department of Energy, under section 3161
            of the National Defense Authorization Act for Fiscal Year 1993
            (Public Law 102-484; 42 U.S.C. 7274h).
        Sec. 304. Section 3161 Assistance. None of the funds appropriated
    by this Act may be used to augment the funds made available for
    obligation by this Act for severance payments and other benefits and
    community assistance grants under section 3161 of the National Defense
    Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C.
    7274h) unless the Department of Energy submits a reprogramming request
    to the appropriate congressional committees.
        Sec. 305. Unexpended Balances. The unexpended balances of prior
    appropriations provided for activities in this Act may be available to
    the same appropriation accounts for such activities established
    pursuant to this title. Available balances may be merged with funds in
    the applicable established accounts and thereafter may be accounted for
    as one fund for the same time period as originally enacted.
        Sec. 306. Bonneville Power Authority Service Territory. None of the
    funds in this or any other Act for the Administrator of the Bonneville
    Power Administration may be used to enter into any agreement to perform
    energy efficiency services outside the legally defined Bonneville
    service territory, with the exception of services provided
    internationally, including services provided on a reimbursable basis,
    unless the Administrator certifies in advance that such services are
    not available from private sector businesses.
        Sec. 307. User Facilities. When the Department of Energy makes a
    user facility available to universities or other potential users, or
    seeks input from universities or other potential users regarding
    significant characteristics or equipment in a user facility or a
    proposed user facility, the Department shall ensure broad public notice
    of such availability or such need for input to universities and other
    potential users. When the Department of Energy considers the
    participation of a university or other potential user as a formal
    partner in the establishment or operation of a user facility, the
    Department shall employ full and open competition in selecting such a
    partner. For purposes of this section, the term ``user facility''
    includes, but is not limited to: (1) a user facility as described in
    section 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C.
    13503(a)(2)); (2) a National Nuclear Security Administration Defense
    Programs Technology Deployment Center/User Facility; and (3) any other
    Departmental facility designated by the Department as a user facility.
        Sec. 308. Intelligence Activities. Funds appropriated by this or
    any other Act, or made available by the transfer of funds in this Act,
    for intelligence 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. 309. Laboratory Directed Research and Development. Of the
    funds made available by the Department of Energy for activities at
    government-owned, contractor-operator operated laboratories funded in
    this Act or subsequent Energy and Water Development Appropriations
    Acts, the Secretary may authorize a specific amount, not to exceed 8
    percent of such funds, to be used by such laboratories for laboratory-
    directed research and development: Provided, That the Secretary may
    also authorize a specific amount not to exceed 4 percent of such funds,
    to be used by the plant manager of a covered nuclear weapons production
    plant or the manager of the Nevada Site Office for plant or site-
    directed research and development: Provided further, That
    notwithstanding Department of Energy order 413.2A, dated January 8,
    2001, beginning in fiscal year 2006 and thereafter, all DOE
    laboratories may be eligible for laboratory directed research and
    development funding.
        Sec. 310. Yield Rate. For fiscal year 2008, except as otherwise
    provided by law in effect as of the date of this Act or unless a rate
    is specifically set by an Act of Congress thereafter, the
    Administrators of the Southeastern Power Administration, the
    Southwestern Power Administration, and the Western Area Power
    Administration, shall use the ``yield'' rate in computing interest
    during construction and interest on the unpaid balance of the costs of
    Federal power facilities. The yield rate shall be defined as the
    average yield during the preceding fiscal year on interest-bearing
    marketable securities of the United States which, at the time the
    computation is made, have terms of 15 years or more remaining to
    maturity.
        Sec. 311. Use Permit. The Use Permit granted to the contractor for
    activities conducted at the Pacific Northwest National Laboratory by
    Agreement DE-GM05-00RL01831 between the Department of Energy and the
    contractor shall continue in effect during the term of the existing
    Operating Contract and the extensions or renewals thereof and shall be
    incorporated into any future management and operating contract for the
    Pacific Northwest National Laboratory and such Use Permit may not be
    waived, modified or terminated unless agreed to by both contractor and
    the Department of Energy.
        Sec. 312. (a) Across-the-Board Rescissions.--There is hereby
    rescinded--
                (1) from discretionary accounts in this title that contain
            congressionally directed projects, an amount equal to 1.6
            percent of the budget authority provided for fiscal year 2008
            for such projects; and
                (2) from all discretionary accounts in this title, an
            amount equal to 0.91 percent of the other budget authority
            provided for fiscal year 2008.
        (b) Definitions.--For purposes of this section:
                (1) The term ``congressionally directed project'' means a
            congressional earmark or congressionally directed spending item
            specified in the list of such earmarks and items for this
            division that is included in the explanatory statement
            described in section 4 (in the matter preceding division A of
            this consolidated Act).
                (2) The term ``other budget authority'' means an amount
            equal to all discretionary budget authority, less the amount
            provided for congressionally directed projects.
        (c) Proportionate Application to Other Programs, Projects, and
    Activities.--Any rescission made by subsection (a)(2) shall be applied
    proportionately--
                (1) to each discretionary account; and
                (2) within each such account, to each program, project, and
            activity (with programs, projects, and activities as delineated
            in the appropriation Act or accompanying reports for the
            relevant fiscal year covering such account).
        (d) Report.--Within 30 days after the date of the enactment of this
    section, the Director of the Secretary of Energy shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a report specifying the account and amount of each rescission
    made pursuant to this section.

                                    TITLE IV

                              INDEPENDENT AGENCIES

                        Appalachian Regional Commission

        For expenses necessary to carry out the programs authorized by the
    Appalachian Regional Development Act of 1965, as amended, not
    withstanding 40 U.S.C. 14704, and, for necessary expenses for the
    Federal Co-Chairman and the alternate on the Appalachian Regional
    Commission, for payment of the Federal share of the administrative
    expenses of the Commission, including services as authorized by 5
    U.S.C. 3109, and hire of passenger motor vehicles, $73,032,000, to
    remain available until expended: Provided, That any congressionally
    directed spending shall be taken from within that State's allocation in
    the fiscal year in which it is provided.

                    Defense Nuclear Facilities Safety Board

                             salaries and expenses

        For necessary expenses of the Defense Nuclear Facilities Safety
    Board in carrying out activities authorized by the Atomic Energy Act of
    1954, as amended by Public Law 100-456, section 1441, $21,909,000, to
    remain available until expended.

                            Delta Regional Authority

                             salaries and expenses

        For necessary expenses of the Delta Regional Authority and to carry
    out its activities, as authorized by the Delta Regional Authority Act
    of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d),
    382M, and 382N of said Act, $11,685,000, to remain available until
    expended.

                               Denali Commission

        For expenses of the Denali Commission including the purchase,
    construction and acquisition of plant and capital equipment as
    necessary and other expenses, $21,800,000, to remain available until
    expended, notwithstanding the limitations contained in section 306(g)
    of the Denali Commission Act of 1998.

                         Nuclear Regulatory Commission

                             salaries and expenses

        For necessary expenses of the Commission in carrying out the
    purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
    Act of 1954, including official representation expenses (not to exceed
    $25,000), $917,334,000, to remain available until expended: Provided,
    That of the amount appropriated herein, $29,025,000 shall be derived
    from the Nuclear Waste Fund: Provided further, That revenues from
    licensing fees, inspection services, and other services and collections
    estimated at $771,220,000 in fiscal year 2008 shall be retained and
    used for necessary salaries and expenses in this account,
    notwithstanding 31 U.S.C. 3302, and shall remain available until
    expended: Provided further, That the sum herein appropriated shall be
    reduced by the amount of revenues received during fiscal year 2008 so
    as to result in a final fiscal year 2008 appropriation estimated at not
    more than $146,114,000: Provided further, That such funds as are made
    available for necessary expenses of the Commission by this Act or any
    other Act may be used for lease payments for additional office space
    provided by the General Services Administration for personnel of the
    U.S. Nuclear Regulatory Commission as close as reasonably possible to
    the Commission's headquarters location in Rockville, Maryland, and of
    such square footage and for such lease term, as are determined by the
    Commission to be necessary to maintain the agency's regulatory
    effectiveness, efficiency, and emergency response capability: Provided
    further, That notwithstanding any other provision of law or any
    prevailing practice, the rental square foot rate paid for the lease of
    space for such purpose shall, to the extent necessary to obtain the
    space, be based on the prevailing lease rates in the immediate vicinity
    of the Commission's headquarters.

                          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, as
    amended, $8,744,000, to remain available until expended: Provided, That
    revenues from licensing fees, inspection services, and other services
    and collections estimated at $7,870,000 in fiscal year 2008 shall be
    retained and be available until expended, for necessary salaries and
    expenses in this account, notwithstanding 31 U.S.C. 3302: Provided
    further, That the sum herein appropriated shall be reduced by the
    amount of revenues received during fiscal year 2008 so as to result in
    a final fiscal year 2008 appropriation estimated at not more than
    $874,000.

                      Nuclear Waste Technical Review Board

                             salaries and expenses

        For necessary expenses of the Nuclear Waste Technical Review Board,
    as authorized by Public Law 100-203, section 5051, $3,621,000, to be
    derived from the Nuclear Waste Fund, and to remain available until
    expended.

    Office of the Federal Coordinator for Alaska Natural Gas Transportation
                                    Projects

        For necessary expenses for the Office of the Federal Coordinator
    for Alaska Natural Gas Transportation Projects pursuant to the Alaska
    Natural Gas Pipeline Act of 2004, $2,261,000.

                    General Provision, Independent Agencies

        Sec. 401. Section 2(f)(2) of the Tennessee Valley Authority Act of
    1933 (16 U.S.C. 831a(f)(2)) is amended by striking the phrase ``stipend
    under paragraph (1)(A)(i)'' and inserting in lieu thereof ``stipends
    under paragraph (1)(A)''.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501. None of the funds appropriated by this Act may be used in
    any way, directly or indirectly, to influence congressional action on
    any legislation or appropriation matters pending before Congress, other
    than to communicate to Members of Congress as described in 18 U.S.C.
    1913.
        Sec. 502. 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 appropriation Act.
        This division may be cited as the ``Energy and Water Development
    and Related Agencies Appropriations Act, 2008''.

     DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
                                   ACT, 2008

                                    TITLE I

                           DEPARTMENT OF THE TREASURY

                              Departmental Offices

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses of the Departmental Offices including
    operation and maintenance of the Treasury Building and Annex; hire of
    passenger motor vehicles; maintenance, repairs, and improvements of,
    and purchase of commercial insurance policies for, real properties
    leased or owned overseas, when necessary for the performance of
    official business, $248,360,000, of which not to exceed $10,840,000 is
    for executive direction program activities; not to exceed $9,909,000 is
    for general counsel program activities; not to exceed $44,242,000 is
    for economic policies and programs activities; not to exceed
    $29,464,000 is for financial policies and programs activities; not to
    exceed $56,775,000 is for terrorism and financial intelligence
    activities; not to exceed $18,505,000 is for Treasury-wide management
    policies and programs activities; and not to exceed $78,625,000 is for
    administration programs activities: Provided, That the Secretary of the
    Treasury is authorized to transfer funds appropriated for any program
    activity of the Departmental Offices to any other program activity of
    the Departmental Offices upon notification to the House and Senate
    Committees on Appropriations: Provided further, That no appropriation
    for any program activity shall be increased or decreased by more than 2
    percent by all such transfers: Provided further, That any change in
    funding greater than 2 percent shall be submitted for approval to the
    House and Senate Committees on Appropriations: Provided further, That
    of the amount appropriated under this heading, not to exceed
    $3,000,000, to remain available until September 30, 2009, is for
    information technology modernization requirements; not to exceed
    $150,000 is for official reception and representation expenses; and not
    to exceed $258,000 is for unforeseen emergencies of a confidential
    nature, to be allocated and expended under the direction of the
    Secretary of the Treasury and to be accounted for solely on his
    certificate: Provided further, That of the amount appropriated under
    this heading, $5,114,000, to remain available until September 30, 2009,
    is for the Treasury-wide Financial Statement Audit and Internal Control
    Program, of which such amounts as may be necessary may be transferred
    to accounts of the Department's offices and bureaus to conduct audits:
    Provided further, That this transfer authority shall be in addition to
    any other provided in this Act: Provided further, That of the amount
    appropriated under this heading, $3,000,000, to remain available until
    September 30, 2009, is for secure space requirements: Provided further,
    That of the amount appropriated under this heading, $2,300,000, to
    remain available until September 30, 2009, is for salary and benefits
    for hiring of personnel whose work will require completion of a
    security clearance investigation in order to perform highly classified
    work to further the activities of the Office of Terrorism and Financial
    Intelligence: Provided further, That of the amount appropriated under
    this heading, $2,100,000, to remain available until September 30, 2010,
    is to develop and implement programs within the Office of Critical
    Infrastructure Protection and Compliance Policy, including entering
    into cooperative agreements.

            department-wide systems and capital investments programs

                         (including transfer of funds)

        For development and acquisition of automatic data processing
    equipment, software, and services for the Department of the Treasury,
    $18,710,000, to remain available until September 30, 2010: Provided,
    That these funds shall be transferred to accounts and in amounts as
    necessary to satisfy the requirements of the Department's offices,
    bureaus, and other organizations: Provided further, That this transfer
    authority shall be in addition to any other transfer authority provided
    in this Act: Provided further, That none of the funds appropriated
    under this heading shall be used to support or supplement ``Internal
    Revenue Service, Operations Support'' or ``Internal Revenue Service,
    Business Systems Modernization''.

                          office of inspector general

                             salaries and expenses

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, not
    to exceed $2,000,000 for official travel expenses, including hire of
    passenger motor vehicles; and not to exceed $100,000 for unforeseen
    emergencies of a confidential nature, to be allocated and expended
    under the direction of the Inspector General of the Treasury,
    $18,450,000, of which not to exceed $2,500 shall be available for
    official reception and representation expenses.

               treasury inspector general for tax administration

                             salaries and expenses

        For necessary expenses of the Treasury Inspector General for Tax
    Administration in carrying out the Inspector General Act of 1978,
    including purchase (not to exceed 150 for replacement only for police-
    type use) and hire of passenger motor vehicles (31 U.S.C. 1343(b));
    services authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Inspector General for Tax Administration;
    $140,533,000, of which not to exceed $6,000,000 shall be available for
    official travel expenses; of which not to exceed $500,000 shall be
    available for unforeseen emergencies of a confidential nature, to be
    allocated and expended under the direction of the Inspector General for
    Tax Administration; and of which not to exceed $1,500 shall be
    available for official reception and representation expenses.

                air transportation stabilization program account

                             (including rescission)

        Sections 101(a)(1), 102, 104, and 107(2) of the Air Transportation
    Safety and System Stabilization Act (title I, Public Law 107-42) are
    hereby repealed. All unobligated balances under this heading are
    rescinded.

                      Financial Crimes Enforcement Network

                             salaries and expenses

        For necessary expenses of the Financial Crimes Enforcement Network,
    including hire of passenger motor vehicles; travel and training
    expenses of non-Federal and foreign government personnel to attend
    meetings and training concerned with domestic and foreign financial
    intelligence activities, law enforcement, and financial regulation; not
    to exceed $14,000 for official reception and representation expenses;
    and for assistance to Federal law enforcement agencies, with or without
    reimbursement, $85,844,000, of which not to exceed $16,340,000 shall
    remain available until September 30, 2010; and of which $8,955,000
    shall remain available until September 30, 2009: Provided, That funds
    appropriated in this account may be used to procure personal services
    contracts.

                          Financial Management Service

                             salaries and expenses

        For necessary expenses of the Financial Management Service,
    $234,423,000, of which not to exceed $9,220,000 shall remain available
    until September 30, 2010, for information systems modernization
    initiatives; and of which not to exceed $2,500 shall be available for
    official reception and representation expenses.

                    Alcohol and Tobacco Tax and Trade Bureau

                             salaries and expenses

        For necessary expenses of carrying out section 1111 of the Homeland
    Security Act of 2002, including hire of passenger motor vehicles,
    $93,515,000; of which not to exceed $6,000 for official reception and
    representation expenses; not to exceed $50,000 for cooperative research
    and development programs for laboratory services; and provision of
    laboratory assistance to State and local agencies with or without
    reimbursement.

                               United States Mint

                   united states mint public enterprise fund

        Pursuant to section 5136 of title 31, United States Code, the
    United States Mint is provided funding through the United States Mint
    Public Enterprise Fund for costs associated with the production of
    circulating coins, numismatic coins, and protective services, including
    both operating expenses and capital investments. The aggregate amount
    of new liabilities and obligations incurred during fiscal year 2008
    under such section 5136 for circulating coinage and protective service
    capital investments of the United States Mint shall not exceed
    $33,200,000.

                           Bureau of the Public Debt

                         administering the public debt

        For necessary expenses connected with any public-debt issues of the
    United States, $182,871,000, of which not to exceed $2,500 shall be
    available for official reception and representation expenses, and of
    which not to exceed $2,000,000 shall remain available until September
    30, 2010, for systems modernization: Provided, That the sum
    appropriated herein from the general fund for fiscal year 2008 shall be
    reduced by not more than $10,000,000 as definitive security issue fees
    and Legacy Treasury Direct Investor Account Maintenance fees are
    collected, so as to result in a final fiscal year 2008 appropriation
    from the general fund estimated at $172,871,000. In addition, $70,000
    to be derived from the Oil Spill Liability Trust Fund to reimburse the
    Bureau for administrative and personnel expenses for financial
    management of the Fund, as authorized by section 1012 of Public Law
    101-380.

       Community Development Financial Institutions Fund Program Account

        To carry out the Community Development Banking and Financial
    Institutions Act of 1994 (Public Law 103-325), including services
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for ES-3, $94,000,000, to
    remain available until September 30, 2009, of which $8,000,000 shall be
    for financial assistance, technical assistance, training and outreach
    programs designed to benefit Native American, Native Hawaiian, and
    Alaskan Native communities and provided primarily through qualified
    community development lender organizations with experience and
    expertise in community development banking and lending in Indian
    country, Native American organizations, tribes and tribal organizations
    and other suitable providers, and up to $13,500,000 may be used for
    administrative expenses, including administration of the New Markets
    Tax Credit, up to $7,500,000 may be used for the cost of direct loans,
    and up to $250,000 may be used for administrative expenses to carry out
    the direct loan program: Provided, That the cost of direct loans,
    including the cost of modifying such loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974: Provided further,
    That these funds are available to subsidize gross obligations for the
    principal amount of direct loans not to exceed $16,000,000.

                            Internal Revenue Service

                               taxpayer services

        For necessary expenses of the Internal Revenue Service to provide
    taxpayer services, including pre-filing assistance and education,
    filing and account services, taxpayer advocacy services, and other
    services as authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Commissioner, $2,150,000,000, of which not less than
    $3,000,000 shall be for the Tax Counseling for the Elderly Program, of
    which not less than $9,000,000 shall be available for low-income
    taxpayer clinic grants, of which not less than $8,000,000, to remain
    available until September 30, 2009, shall be available to establish and
    administer a Community Volunteer Income Tax Assistance matching grants
    demonstration program for tax return preparation assistance, and of
    which not less than $177,000,000 shall be available for operating
    expenses of the Taxpayer Advocate Service.

                                  enforcement

                         (including transfer of funds)

        For necessary expenses of the Internal Revenue Service to determine
    and collect owed taxes, to provide legal and litigation support, to
    conduct criminal investigations, to enforce criminal statutes related
    to violations of internal revenue laws and other financial crimes, to
    purchase (for police-type use, not to exceed 850) and hire of passenger
    motor vehicles (31 U.S.C. 1343(b)), and to provide other services as
    authorized by 5 U.S.C. 3109, at such rates as may be determined by the
    Commissioner, $4,780,000,000, of which not less than $57,252,000 shall
    be for the Interagency Crime and Drug Enforcement program: Provided,
    That up to $10,000,000 may be transferred as necessary from this
    account to the Internal Revenue Service Operations Support
    appropriations solely for the purposes of the Interagency Crime and
    Drug Enforcement program: Provided further, That this transfer
    authority shall be in addition to any other transfer authority provided
    in this Act.

                               operations support

        For necessary expenses of the Internal Revenue Service to operate
    and support taxpayer services and enforcement programs, including rent
    payments; facilities services; printing; postage; physical security;
    headquarters and other IRS-wide administration activities; research and
    statistics of income; telecommunications; information technology
    development, enhancement, operations, maintenance, and security; the
    hire of passenger motor vehicles (31 U.S.C. 1343(b)); and other
    services as authorized by 5 U.S.C. 3109, at such rates as may be
    determined by the Commissioner; $3,680,059,000, of which $75,000,000
    shall remain available until September 30, 2009, for information
    technology support; of which not to exceed $1,000,000 shall remain
    available until September 30, 2010, for research; of which not less
    than $2,000,000 shall be for the Internal Revenue Service Oversight
    Board; and of which not to exceed $25,000 shall be for official
    reception and representation.

                         business systems modernization

        For necessary expenses of the Internal Revenue Service's business
    systems modernization program, $267,090,000, to remain available until
    September 30, 2010, for the capital asset acquisition of information
    technology systems, including management and related contractual costs
    of said acquisitions, including related Internal Revenue Service labor
    costs, and contractual costs associated with operations authorized by 5
    U.S.C. 3109: Provided, That, with the exception of labor costs, none of
    these funds may be obligated until the Internal Revenue Service submits
    to the Committees on Appropriations, and such Committees approve, a
    plan for expenditure that: (1) meets the capital planning and
    investment control review requirements established by the Office of
    Management and Budget, including Circular A-11; (2) complies with the
    Internal Revenue Service's enterprise architecture, including the
    modernization blueprint; (3) conforms with the Internal Revenue
    Service's enterprise life cycle methodology; (4) is approved by the
    Internal Revenue Service, the Department of the Treasury, and the
    Office of Management and Budget; (5) has been reviewed by the
    Government Accountability Office; and (6) complies with the acquisition
    rules, requirements, guidelines, and systems acquisition management
    practices of the Federal Government.

                   health insurance tax credit administration

        For expenses necessary to implement the health insurance tax credit
    included in the Trade Act of 2002 (Public Law 107-210), $15,235,000.

              administrative provisions--internal revenue service

                         (including transfer of funds)

        Sec. 101. Not to exceed 5 percent of any appropriation made
    available in this Act to the Internal Revenue Service or not to exceed
    3 percent of appropriations under the heading ``Enforcement'' may be
    transferred to any other Internal Revenue Service appropriation upon
    the advance approval of the Committees on Appropriations.
        Sec. 102. The Internal Revenue Service shall maintain a training
    program to ensure that Internal Revenue Service employees are trained
    in taxpayers' rights, in dealing courteously with taxpayers, and in
    cross-cultural relations.
        Sec. 103. The Internal Revenue Service shall institute and enforce
    policies and procedures that will safeguard the confidentiality of
    taxpayer information.
        Sec. 104. Funds made available by this or any other Act to the
    Internal Revenue Service shall be available for improved facilities and
    increased staffing to provide sufficient and effective 1-800 help line
    service for taxpayers. The Commissioner shall continue to make the
    improvement of the Internal Revenue Service 1-800 help line service a
    priority and allocate resources necessary to increase phone lines and
    staff to improve the Internal Revenue Service 1-800 help line service.
        Sec. 105. Section 9503(a) of title 5, United States Code, is
    amended by striking ``for a period of 10 years after the date of
    enactment of this section'' and inserting ``before July 23, 2013''.
        Sec. 106. Sections 9504(a) and (b), and 9505(a) of title 5, United
    States Code, are amended by striking ``For a period of 10 years after
    the date of enactment of this section'' each place it occurs and
    inserting ``Before July 23, 2013''.
        Sec. 107. Section 9502(a) of title 5, United States Code, is
    amended by striking ``Office of Management and Budget'' and inserting
    ``Office of Personnel Management''.
        Sec. 108. Of the funds made available by this Act for the Internal
    Revenue Service, not less than $7,350,000 shall be available for
    increasing above fiscal year 2007 levels the number of full-time
    equivalent positions and related support activities performing
    Automated Collection System functions.

             Administrative Provisions--Department of the Treasury

                         (including transfers of funds)

        Sec. 109. Appropriations to the Department of the Treasury in this
    Act shall be available for uniforms or allowances therefor, as
    authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
    cleaning; purchase of insurance for official motor vehicles operated in
    foreign countries; purchase of motor vehicles without regard to the
    general purchase price limitations for vehicles purchased and used
    overseas for the current fiscal year; entering into contracts with the
    Department of State for the furnishing of health and medical services
    to employees and their dependents serving in foreign countries; and
    services authorized by 5 U.S.C. 3109.
        Sec. 110. Not to exceed 2 percent of any appropriations in this Act
    made available to the Departmental Offices--Salaries and Expenses,
    Office of Inspector General, Financial Management Service, Alcohol and
    Tobacco Tax and Trade Bureau, Financial Crimes Enforcement Network, and
    Bureau of the Public Debt, may be transferred between such
    appropriations upon the advance approval of the Committees on
    Appropriations: Provided, That no transfer may increase or decrease any
    such appropriation by more than 2 percent.
        Sec. 111. Not to exceed 2 percent of any appropriation made
    available in this Act to the Internal Revenue Service may be
    transferred to the Treasury Inspector General for Tax Administration's
    appropriation upon the advance approval of the Committees on
    Appropriations: Provided, That no transfer may increase or decrease any
    such appropriation by more than 2 percent.
        Sec. 112. Of the funds available for the purchase of law
    enforcement vehicles, no funds may be obligated until the Secretary of
    the Treasury certifies that the purchase by the respective Treasury
    bureau is consistent with departmental vehicle management principles:
    Provided, That the Secretary may delegate this authority to the
    Assistant Secretary for Management.
        Sec. 113. None of the funds appropriated in this Act or otherwise
    available to the Department of the Treasury or the Bureau of Engraving
    and Printing may be used to redesign the $1 Federal Reserve note.
        Sec. 114. The Secretary of the Treasury may transfer funds from
    Financial Management Services, Salaries and Expenses to Debt Collection
    Fund as necessary to cover the costs of debt collection: Provided, That
    such amounts shall be reimbursed to such salaries and expenses account
    from debt collections received in the Debt Collection Fund.
        Sec. 115. Section 122(g)(1) of Public Law 105-119 (5 U.S.C. 3104
    note), is further amended by striking ``8 years'' and inserting ``10
    years''.
        Sec. 116. None of the funds appropriated or otherwise made
    available by this or any other Act may be used by the United States
    Mint to construct or operate any museum without the explicit approval
    of the House Committee on Financial Services and the Senate Committee
    on Banking, Housing, and Urban Affairs.
        Sec. 117. None of the funds appropriated or otherwise made
    available by this or any other Act or source to the Department of the
    Treasury, the Bureau of Engraving and Printing, and the United States
    Mint, individually or collectively, may be used to consolidate any or
    all functions of the Bureau of Engraving and Printing and the United
    States Mint without the explicit approval of the House Committee on
    Financial Services; the Senate Committee on Banking, Housing, and Urban
    Affairs; the House Committee on Appropriations; and the Senate
    Committee on Appropriations.
        Sec. 118. Funds appropriated by this Act, or made available by the
    transfer of funds in this Act, for the Department of the Treasury's
    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. 119. Section 3333(a) of title 31, United States Code, is
    amended by deleting paragraph (3) and inserting in lieu thereof the
    following:
        ``(3) The amount of the relief and the amount of any relief granted
    to an official or agent of the Department of the Treasury under 31
    U.S.C. 3527, shall be charged to the Check Forgery Insurance Fund (31
    U.S.C. 3343). A recovery or repayment of a loss for which replacement
    is made out of the fund shall be credited to the fund and is available
    for the purposes for which the fund was established.''.
        This title may be cited as the ``Department of the Treasury
    Appropriations Act, 2008''.

                                    TITLE II

        EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
                                   PRESIDENT

                         Compensation of the President

        For compensation of the President, including an expense allowance
    at the rate of $50,000 per annum as authorized by 3 U.S.C. 102,
    $450,000: Provided, That none of the funds made available for official
    expenses shall be expended for any other purpose and any unused amount
    shall revert to the Treasury pursuant to section 1552 of title 31,
    United States Code.

                               White House Office

                             salaries and expenses

        For necessary expenses for the White House as authorized by law,
    including not to exceed $3,850,000 for services as authorized by 5
    U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
    U.S.C. 105, which shall be expended and accounted for as provided in
    that section; hire of passenger motor vehicles, newspapers,
    periodicals, teletype news service, and travel (not to exceed $100,000
    to be expended and accounted for as provided by 3 U.S.C. 103); and not
    to exceed $19,000 for official entertainment expenses, to be available
    for allocation within the Executive Office of the President;
    $51,656,000.

                     Executive Residence at the White House

                               operating expenses

        For the care, maintenance, repair and alteration, refurnishing,
    improvement, heating, and lighting, including electric power and
    fixtures, of the Executive Residence at the White House and official
    entertainment expenses of the President, $12,814,000, to be expended
    and accounted for as provided by 3 U.S.C. 105, 109, 110, and 112-114.

                             reimbursable expenses

        For the reimbursable expenses of the Executive Residence at the
    White House, such sums as may be necessary: Provided, That all
    reimbursable operating expenses of the Executive Residence shall be
    made in accordance with the provisions of this paragraph: Provided
    further, That, notwithstanding any other provision of law, such amount
    for reimbursable operating expenses shall be the exclusive authority of
    the Executive Residence to incur obligations and to receive offsetting
    collections, for such expenses: Provided further, That the Executive
    Residence shall require each person sponsoring a reimbursable political
    event to pay in advance an amount equal to the estimated cost of the
    event, and all such advance payments shall be credited to this account
    and remain available until expended: Provided further, That the
    Executive Residence shall require the national committee of the
    political party of the President to maintain on deposit $25,000, to be
    separately accounted for and available for expenses relating to
    reimbursable political events sponsored by such committee during such
    fiscal year: Provided further, That the Executive Residence shall
    ensure that a written notice of any amount owed for a reimbursable
    operating expense under this paragraph is submitted to the person owing
    such amount within 60 days after such expense is incurred, and that
    such amount is collected within 30 days after the submission of such
    notice: Provided further, That the Executive Residence shall charge
    interest and assess penalties and other charges on any such amount that
    is not reimbursed within such 30 days, in accordance with the interest
    and penalty provisions applicable to an outstanding debt on a United
    States Government claim under section 3717 of title 31, United States
    Code: Provided further, That each such amount that is reimbursed, and
    any accompanying interest and charges, shall be deposited in the
    Treasury as miscellaneous receipts: Provided further, That the
    Executive Residence shall prepare and submit to the Committees on
    Appropriations, by not later than 90 days after the end of the fiscal
    year covered by this Act, a report setting forth the reimbursable
    operating expenses of the Executive Residence during the preceding
    fiscal year, including the total amount of such expenses, the amount of
    such total that consists of reimbursable official and ceremonial
    events, the amount of such total that consists of reimbursable
    political events, and the portion of each such amount that has been
    reimbursed as of the date of the report: Provided further, That the
    Executive Residence shall maintain a system for the tracking of
    expenses related to reimbursable events within the Executive Residence
    that includes a standard for the classification of any such expense as
    political or nonpolitical: Provided further, That no provision of this
    paragraph may be construed to exempt the Executive Residence from any
    other applicable requirement of subchapter I or II of chapter 37 of
    title 31, United States Code.

                       White House Repair and Restoration

        For the repair, alteration, and improvement of the Executive
    Residence at the White House, $1,600,000, to remain available until
    expended, for required maintenance, safety and health issues, and
    continued preventative maintenance.

                          Council of Economic Advisers

                             salaries and expenses

        For necessary expenses of the Council of Economic Advisers in
    carrying out its functions under the Employment Act of 1946 (15 U.S.C.
    1021 et seq.), $4,118,000.

                          Office of Policy Development

                             salaries and expenses

        For necessary expenses of the Office of Policy Development,
    including services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
    $3,482,000.

                           National Security Council

                             salaries and expenses

        For necessary expenses of the National Security Council, including
    services as authorized by 5 U.S.C. 3109, $8,640,000.

                  Privacy and Civil Liberties Oversight Board

                             salaries and expenses

        For necessary expenses of the Privacy and Civil Liberties Oversight
    Board, as authorized by section 1061 of the Intelligence Reform and
    Terrorism Prevention Act of 2004 (5 U.S.C. 601 note), $2,000,000.

                            Office of Administration

                             salaries and expenses

        For necessary expenses of the Office of Administration, including
    services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
    passenger motor vehicles, $91,745,000, of which $11,923,000 shall
    remain available until expended for continued modernization of the
    information technology infrastructure within the Executive Office of
    the President.

                        Office of Management and Budget

                             salaries and expenses

        For necessary expenses of the Office of Management and Budget,
    including hire of passenger motor vehicles and services as authorized
    by 5 U.S.C. 3109 and to carry out the provisions of chapter 35 of title
    44, United States Code, $78,000,000, of which not to exceed $3,000
    shall be available for official representation expenses: Provided,
    That, as provided in 31 U.S.C. 1301(a), appropriations shall be applied
    only to the objects for which appropriations were made and shall be
    allocated in accordance with the terms and conditions set forth in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act) except as otherwise provided by
    law: Provided further, That none of the funds appropriated in this Act
    for the Office of Management and Budget may be used for the purpose of
    reviewing any agricultural marketing orders or any activities or
    regulations under the provisions of the Agricultural Marketing
    Agreement Act of 1937 (7 U.S.C. 601 et seq.): Provided further, That
    none of the funds made available for the Office of Management and
    Budget by this Act may be expended for the altering of the transcript
    of actual testimony of witnesses, except for testimony of officials of
    the Office of Management and Budget, before the Committees on
    Appropriations or their subcommittees: Provided further, That the
    preceding shall not apply to printed hearings released by the
    Committees on Appropriations: Provided further, That none of the funds
    provided in this or prior Acts shall be used, directly or indirectly,
    by the Office of Management and Budget, for evaluating or determining
    if water resource project or study reports submitted by the Chief of
    Engineers acting through the Secretary of the Army are in compliance
    with all applicable laws, regulations, and requirements relevant to the
    Civil Works water resource planning process: Provided further, That the
    Office of Management and Budget shall have not more than 60 days in
    which to perform budgetary policy reviews of water resource matters on
    which the Chief of Engineers has reported: Provided further, That the
    Director of the Office of Management and Budget shall notify the
    appropriate authorizing and appropriating committees when the 60-day
    review is initiated: Provided further, That if water resource reports
    have not been transmitted to the appropriate authorizing and
    appropriating committees within 15 days after the end of the Office of
    Management and Budget review period based on the notification from the
    Director, Congress shall assume Office of Management and Budget
    concurrence with the report and act accordingly.

                     Office of National Drug Control Policy

                             salaries and expenses

        For necessary expenses of the Office of National Drug Control
    Policy (ONDCP); for research activities pursuant to the Office of
    National Drug Control Policy Reauthorization Act of 2006 (Public Law
    109-469); not to exceed $10,000 for official reception and
    representation expenses; and for participation in joint projects or in
    the provision of services on matters of mutual interest with nonprofit,
    research, or public organizations or agencies, with or without
    reimbursement, $26,402,000; of which $250,000 shall remain available
    until expended for policy research and evaluation: Provided, That of
    the funds provided under this heading, $1,250,000 shall be allocated
    for the National Academy of Public Administration to conduct an
    independent study and analysis of ONDCP's organization and management:
    Provided further, That within two months after the date of enactment of
    this Act, the ONDCP shall contract with the National Academy of Public
    Administration for purposes as described in the previous proviso:
    Provided further, That the Office is authorized to accept, hold,
    administer, and utilize gifts, both real and personal, public and
    private, without fiscal year limitation, for the purpose of aiding or
    facilitating the work of the Office.

                    counterdrug technology assessment center

                         (including transfer of funds)

        For necessary expenses for the Counterdrug Technology Assessment
    Center for research activities pursuant to the Office of National Drug
    Control Policy Reauthorization Act of 2006 (Public Law 109-469),
    $1,000,000, which shall remain available until expended for
    counternarcotics research and development projects: Provided, That such
    amount shall be available for transfer to other Federal departments or
    agencies: Provided further, That the Office of National Drug Control
    Policy shall submit for approval by the Committees on Appropriations of
    the House of Representatives and the Senate, a spending plan for the
    use of these funds no later than 90 days after enactment of this Act.

                         federal drug control programs

                 high intensity drug trafficking areas program

                         (including transfers of funds)

        For necessary expenses of the Office of National Drug Control
    Policy's High Intensity Drug Trafficking Areas Program, $230,000,000,
    to remain available until September 30, 2009, for drug control
    activities consistent with the approved strategy for each of the
    designated High Intensity Drug Trafficking Areas, of which no less than
    51 percent shall be transferred to State and local entities for drug
    control activities, which shall be obligated within 120 days of the
    date of enactment of this Act: Provided, That up to 49 percent may be
    transferred to Federal agencies and departments at a rate to be
    determined by the Director, of which not less than $2,100,000 shall be
    used for auditing services and associated activities, and up to
    $400,000 which shall be for the final year of development and
    implementation of a data collection system to measure the performance
    of the High Intensity Drug Trafficking Areas Program: Provided further,
    That High Intensity Drug Trafficking Areas Programs designated as of
    September 30, 2007, shall be funded at no less than the fiscal year
    2007 initial allocation levels unless the Director submits to the
    Committees on Appropriations of the House of Representatives and the
    Senate, and the Committees approve, justification for changes in those
    levels based on clearly articulated priorities for the High Intensity
    Drug Trafficking Areas Programs, as well as published Office of
    National Drug Control Policy performance measures of effectiveness:
    Provided further, That a request shall be submitted in compliance with
    the reprogramming guidelines to the Committees on Appropriations for
    approval prior to the obligation of funds of an amount in excess of the
    fiscal year 2007 budget request: Provided further, That the Office of
    National Drug Control Policy (ONDCP) shall submit recommendations for
    approval to the Committees on Appropriations for both the initial High-
    Intensity Drug Trafficking Area (HIDTA) allocation funding within 90
    days after the enactment of this Act and the discretionary HIDTA
    funding, according to the framework proposed jointly by the HIDTA
    Directors and ONDCP, within 120 days after the enactment of this Act:
    Provided further, That within the discretionary funding amount, plans
    for use of such funds shall be subject to committee approval: Provided
    further, That at least $2,000,000 shall be available for new counties,
    not including previously funded counties, with priority given to
    meritorious applicants who have submitted previously and have not been
    funded.

                      other federal drug control programs

                         (including transfer of funds)

        For activities to support a national anti-drug campaign for youth,
    and for other purposes, authorized by the Office of National Drug
    Control Policy Reauthorization Act of 2006 (Public Law 109-469),
    $164,300,000, to remain available until expended, of which the amounts
    are available as follows: $60,000,000 to support a national media
    campaign: Provided, That the Office of National Drug Control Policy
    shall maintain funding for non-advertising services for the media
    campaign at no less than the fiscal year 2003 ratio of service funding
    to total funds and shall continue the corporate outreach program as it
    operated prior to its cancellation; $90,000,000 to continue a program
    of matching grants to drug-free communities, of which $2,000,000 shall
    be made available as directed by section 4 of Public Law 107-82, as
    amended by Public Law 109-469 (21 U.S.C. 1521 note); $500,000 for
    demonstration programs as authorized by section 1119 of Public Law 109-
    469; $1,000,000 for the National Drug Court Institute; $9,600,000 for
    the United States Anti-Doping Agency for anti-doping activities;
    $1,700,000 for the United States membership dues to the World Anti-
    Doping Agency; $1,250,000 for the National Alliance for Model State
    Drug Laws; and $250,000 for evaluations and research related to
    National Drug Control Program performance measures: Provided further,
    That such funds may be transferred to other Federal departments and
    agencies to carry out such activities: Provided further, That of the
    amounts appropriated for a national media campaign, not to exceed 10
    percent shall be for administration, advertising production, research
    and testing, labor, and related costs of the national media campaign.

                              Unanticipated Needs

        For expenses necessary to enable the President to meet
    unanticipated needs, in furtherance of the national interest, security,
    or defense which may arise at home or abroad during the current fiscal
    year, as authorized by 3 U.S.C. 108, $1,000,000.

                      Special Assistance to the President

                             salaries and expenses

        For necessary expenses to enable the Vice President to provide
    assistance to the President in connection with specially assigned
    functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 106,
    including subsistence expenses as authorized by 3 U.S.C. 106, which
    shall be expended and accounted for as provided in that section; and
    hire of passenger motor vehicles, $4,432,000.

                    Official Residence of the Vice President

                               operating expenses

                         (including transfer of funds)

        For the care, operation, refurnishing, improvement, and to the
    extent not otherwise provided for, heating and lighting, including
    electric power and fixtures, of the official residence of the Vice
    President; the hire of passenger motor vehicles; and not to exceed
    $90,000 for official entertainment expenses of the Vice President, to
    be accounted for solely on his certificate, $320,000: Provided, That
    advances or repayments or transfers from this appropriation may be made
    to any department or agency for expenses of carrying out such
    activities.

    Administrative Provisions--Executive Office of the President and Funds
                         Appropriated to the President

                         (including transfer of funds)

        Sec. 201. From funds made available in this Act under the headings
    ``White House Office'', ``Executive Residence at the White House'',
    ``White House Repair and Restoration'', ``Council of Economic
    Advisors'', ``National Security Council'', ``Office of
    Administration'', ``Office of Policy Development'', ``Special
    Assistance to the President'', and ``Official Residence of the Vice
    President'', the Director of the Office of Management and Budget (or
    such other officer as the President may designate in writing), may, 15
    days after giving notice to the House and Senate Committees on
    Appropriations, transfer not to exceed 10 percent of any such
    appropriation to any other such appropriation, to be merged with and
    available for the same time and for the same purposes as the
    appropriation to which transferred: Provided, That the amount of an
    appropriation shall not be increased by more than 50 percent by such
    transfers: Provided further, That no amount shall be transferred from
    ``Special Assistance to the President'' or ``Official Residence of the
    Vice President'' without the approval of the Vice President.
        Sec. 202. The President shall submit to the Committees on
    Appropriations not later than 30 days after the date of the enactment
    of this Act, and prior to the initial obligation of funds appropriated
    under the heading ``Office of National Drug Control Policy'', a
    financial plan on the proposed uses of all funds under the heading by
    program, project, and activity, for which the obligation of funds is
    anticipated: Provided, That up to 20 percent of funds appropriated
    under this heading may be obligated before the submission of the report
    subject to prior approval of the Committees on Appropriations: Provided
    further, That the report shall be updated and submitted to the
    Committees on Appropriations every six months and shall include
    information detailing how the estimates and assumptions contained in
    previous reports have changed: Provided further, That any new projects
    and changes in funding of ongoing projects shall be subject to the
    prior approval of the Committees on Appropriations.
        Sec. 203. Not to exceed 2 percent of any appropriations in this Act
    made available to the Office of National Drug Control Policy may be
    transferred between appropriated programs upon the advance approval of
    the Committees on Appropriations: Provided, That no transfer may
    increase or decrease any such appropriation by more than 3 percent.
        Sec. 204. Not to exceed $1,000,000 of any appropriations in this
    Act made available to the Office of National Drug Control Policy may be
    reprogrammed within a program, project or activity upon the advance
    approval of the Committees on Appropriations.
        This title may be cited as the ``Executive Office of the President
    Appropriations Act, 2008''.

                                   TITLE III

                                 THE JUDICIARY

                       Supreme Court of the United States

                             salaries and expenses

        For expenses necessary for the operation of the Supreme Court, as
    required by law, excluding care of the building and grounds, including
    purchase or hire, driving, maintenance, and operation of an automobile
    for the Chief Justice, not to exceed $10,000 for the purpose of
    transporting Associate Justices, and hire of passenger motor vehicles
    as authorized by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for
    official reception and representation expenses; and for miscellaneous
    expenses, to be expended as the Chief Justice may approve, $66,526,000,
    of which $2,000,000 shall remain available until expended.

                        care of the building and grounds

        For such expenditures as may be necessary to enable the Architect
    of the Capitol to carry out the duties imposed upon the Architect by
    the Act approved May 7, 1934 (40 U.S.C. 13a-13b), $12,201,000, which
    shall remain available until expended.

             United States Court of Appeals for the Federal Circuit

                             salaries and expenses

        For salaries of the chief judge, judges, and other officers and
    employees, and for necessary expenses of the court, as authorized by
    law, $27,072,000.

                   United States Court of International Trade

                             salaries and expenses

        For salaries of the chief judge and eight judges, salaries of the
    officers and employees of the court, services, and necessary expenses
    of the court, as authorized by law, $16,632,000.

        Courts of Appeals, District Courts, and Other Judicial Services

                             salaries and expenses

        For the salaries of circuit and district judges (including judges
    of the territorial courts of the United States), justices and judges
    retired from office or from regular active service, judges of the
    United States Court of Federal Claims, bankruptcy judges, magistrate
    judges, and all other officers and employees of the Federal Judiciary
    not otherwise specifically provided for, and necessary expenses of the
    courts, as authorized by law, $4,604,762,000 (including the purchase of
    firearms and ammunition); of which not to exceed $27,817,000 shall
    remain available until expended for space alteration projects and for
    furniture and furnishings related to new space alteration and
    construction projects.
        In addition, for expenses of the United States Court of Federal
    Claims associated with processing cases under the National Childhood
    Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
    $4,099,000, to be appropriated from the Vaccine Injury Compensation
    Trust Fund.
        In addition, $14,500,000 shall be available to address critically
    understaffed workload associated with increased immigration
    enforcement: Provided, That this amount is designated as described in
    section 5 (in the matter preceding division A of this consolidated
    Act).

                               defender services

        For the operation of Federal Defender organizations; the
    compensation and reimbursement of expenses of attorneys appointed to
    represent persons under the Criminal Justice Act of 1964 (18 U.S.C.
    3006A); the compensation and reimbursement of expenses of persons
    furnishing investigative, expert and other services under the Criminal
    Justice Act of 1964 (18 U.S.C. 3006A(e)); the compensation (in
    accordance with Criminal Justice Act maximums) and reimbursement of
    expenses of attorneys appointed to assist the court in criminal cases
    where the defendant has waived representation by counsel; the
    compensation and reimbursement of travel expenses of guardians ad litem
    acting on behalf of financially eligible minor or incompetent offenders
    in connection with transfers from the United States to foreign
    countries with which the United States has a treaty for the execution
    of penal sentences; the compensation of attorneys appointed to
    represent jurors in civil actions for the protection of their
    employment, as authorized by 28 U.S.C. 1875(d); and for necessary
    training and general administrative expenses, $835,601,000, to remain
    available until expended.
        In addition, $10,500,000 shall be available for the reimbursement
    of expenses of attorneys appointed to represent persons under the
    Criminal Justice Act of 1964 as a result of increased immigration
    enforcement: Provided, That this amount is designated as described in
    section 5 (in the matter preceding division A of this consolidated
    Act).

                        fees of jurors and commissioners

        For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
    1876; compensation of jury commissioners as authorized by 28 U.S.C.
    1863; and compensation of commissioners appointed in condemnation cases
    pursuant to rule 71A(h) of the Federal Rules of Civil Procedure (28
    U.S.C. Appendix Rule 71A(h)), $63,081,000, to remain available until
    expended: Provided, That the compensation of land commissioners shall
    not exceed the daily equivalent of the highest rate payable under
    section 5332 of title 5, United States Code.

                                 court security

                         (including transfers of funds)

        For necessary expenses, not otherwise provided for, incident to the
    provision of protective guard services for United States courthouses
    and other facilities housing Federal court operations, and the
    procurement, installation, and maintenance of security systems and
    equipment for United States courthouses and other facilities housing
    Federal court operations, including building ingress-egress control,
    inspection of mail and packages, directed security patrols, perimeter
    security, basic security services provided by the Federal Protective
    Service, and other similar activities as authorized by section 1010 of
    the Judicial Improvement and Access to Justice Act (Public Law 100-
    702), $410,000,000, of which not to exceed $15,000,000 shall remain
    available until expended, to be expended directly or transferred to the
    United States Marshals Service, which shall be responsible for
    administering the Judicial Facility Security Program consistent with
    standards or guidelines agreed to by the Director of the Administrative
    Office of the United States Courts and the Attorney General.

               Administrative Office of the United States Courts

                             salaries and expenses

        For necessary expenses of the Administrative Office of the United
    States Courts as authorized by law, including travel as authorized by
    31 U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
    U.S.C. 1343(b), advertising and rent in the District of Columbia and
    elsewhere, $76,036,000, of which not to exceed $8,500 is authorized for
    official reception and representation expenses.

                            Federal Judicial Center

                             salaries and expenses

        For necessary expenses of the Federal Judicial Center, as
    authorized by Public Law 90-219, $24,187,000; of which $1,800,000 shall
    remain available through September 30, 2009, to provide education and
    training to Federal court personnel; and of which not to exceed $1,500
    is authorized for official reception and representation expenses.

                           Judicial Retirement Funds

                        payment to judiciary trust funds

        For payment to the Judicial Officers' Retirement Fund, as
    authorized by 28 U.S.C. 377(o), $59,400,000; to the Judicial Survivors'
    Annuities Fund, as authorized by 28 U.S.C. 376(c), $2,300,000; and to
    the United States Court of Federal Claims Judges' Retirement Fund, as
    authorized by 28 U.S.C. 178(l), $3,700,000.

                      United States Sentencing Commission

                             salaries and expenses

        For the salaries and expenses necessary to carry out the provisions
    of chapter 58 of title 28, United States Code, $15,477,000, of which
    not to exceed $1,000 is authorized for official reception and
    representation expenses.

                    Administrative Provisions--The Judiciary

                         (including transfer of funds)

        Sec. 301. Appropriations and authorizations made in this title
    which are available for salaries and expenses shall be available for
    services as authorized by 5 U.S.C. 3109.
        Sec. 302. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Judiciary in this Act may
    be transferred between such appropriations, but no such appropriation,
    except ``Courts of Appeals, District Courts, and Other Judicial
    Services, Defender Services'' and ``Courts of Appeals, District Courts,
    and Other Judicial Services, Fees of Jurors and Commissioners'', 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 sections 605 and 610 of this Act and shall
    not be available for obligation or expenditure except in compliance
    with the procedures set forth in that section.
        Sec. 303. Notwithstanding any other provision of law, the salaries
    and expenses appropriation for ``Courts of Appeals, District Courts,
    and Other Judicial Services'' shall be available for official reception
    and representation expenses of the Judicial Conference of the United
    States: Provided, That such available funds shall not exceed $11,000
    and shall be administered by the Director of the Administrative Office
    of the United States Courts in the capacity as Secretary of the
    Judicial Conference.
        Sec. 304. Within 90 days after the date of the enactment of this
    Act, the Administrative Office of the U.S. Courts shall submit to the
    Committees on Appropriations a comprehensive financial plan for the
    Judiciary allocating all sources of available funds including
    appropriations, fee collections, and carryover balances, to include a
    separate and detailed plan for the Judiciary Information Technology
    fund.
        Sec. 305. Pursuant to section 140 of Public Law 97-92, and from
    funds appropriated in this Act, Justices and judges of the United
    States are authorized during fiscal year 2008, to receive a salary
    adjustment in accordance with 28 U.S.C. 461.
        Sec. 306. Section 3313(a) of title 40, United States Code, shall be
    applied by substituting ``executive'' for ``federal'' each place it
    appears.
        Sec. 307. In accordance with 28 U.S.C. 561-569, and notwithstanding
    any other provision of law, the United States Marshals Service shall
    provide, for such courthouses as its Director may designate in
    consultation with the Director of the Administrative Office of the
    United States Courts, for purposes of a pilot program, the security
    services that 40 U.S.C. 1315 authorizes the Department of Homeland
    Security to provide, except for the services specified in 40 U.S.C.
    1315(b)(2)(E). For building-specific security services at these
    courthouses, the Director of the Administrative Office of the United
    States Courts shall reimburse the United States Marshals Service rather
    than the Department of Homeland Security.
        Sec. 308. Section 128(b) of title 28, United States Code, is
    amended by striking ``Bellingham, Seattle, and Tacoma'' and inserting
    ``Bellingham, Seattle, Tacoma, and Vancouver''.
        Sec. 309. Section 203(c) of the Judicial Improvements Act of 1990
    (Public Law 101-650; 28 U.S.C. 133 note), is amended--
                (1) in the third sentence (relating to the District of
            Kansas), by striking ``16 years'' and inserting ``17 years'';
                (2) in the sixth sentence (relating to the Northern
            District of Ohio), by striking ``15 years'' and inserting ``17
            years''.
        This title may be cited as the ``Judiciary Appropriations Act,
    2008''.

                                    TITLE IV

                              DISTRICT OF COLUMBIA

                                 Federal Funds

                  federal payment for resident tuition support

        For a Federal payment to the District of Columbia, to be deposited
    into a dedicated account, for a nationwide program to be administered
    by the Mayor, for District of Columbia resident tuition support,
    $33,000,000, to remain available until expended: Provided, That such
    funds, including any interest accrued thereon, may be used on behalf of
    eligible District of Columbia residents to pay an amount based upon the
    difference between in-State and out-of-State tuition at public
    institutions of higher education, or to pay up to $2,500 each year at
    eligible private institutions of higher education: Provided further,
    That the awarding of such funds may be prioritized on the basis of a
    resident's academic merit, the income and need of eligible students and
    such other factors as may be authorized: Provided further, That the
    District of Columbia government shall maintain a dedicated account for
    the Resident Tuition Support Program that shall consist of the Federal
    funds appropriated to the Program in this Act and any subsequent
    appropriations, any unobligated balances from prior fiscal years, and
    any interest earned in this or any fiscal year: Provided further, That
    the account shall be under the control of the District of Columbia
    Chief Financial Officer, who shall use those funds solely for the
    purposes of carrying out the Resident Tuition Support Program: Provided
    further, That the Office of the Chief Financial Officer shall provide a
    quarterly financial report to the Committees on Appropriations of the
    House of Representatives and Senate for these funds showing, by object
    class, the expenditures made and the purpose therefor.

       federal payment for emergency planning and security costs in the
                              district of columbia

        For necessary expenses, as determined by the Mayor of the District
    of Columbia in written consultation with the elected county or city
    officials of surrounding jurisdictions, $3,352,000, to remain available
    until expended; of which $3,000,000 is to reimburse the District of
    Columbia for the costs of providing public safety at events related to
    the presence of the national capital in the District of Columbia and
    for the costs of providing support to respond to immediate and specific
    terrorist threats or attacks in the District of Columbia or surrounding
    jurisdictions; and $352,000 is for the District of Columbia National
    Guard retention and college access program: Provided, That any amount
    provided under this heading shall be available only after such amount
    has been apportioned pursuant to chapter 15 of title 31, United States
    Code.

               federal payment to the district of columbia courts

        For salaries and expenses for the District of Columbia Courts,
    $223,920,000 to be allocated as follows: for the District of Columbia
    Court of Appeals, $10,800,000, of which not to exceed $1,500 is for
    official reception and representation expenses; for the District of
    Columbia Superior Court, $98,359,000, of which not to exceed $1,500 is
    for official reception and representation expenses; for the District of
    Columbia Court System, $52,170,000, of which not to exceed $1,500 is
    for official reception and representation expenses; and $62,591,000, to
    remain available until September 30, 2009, for capital improvements for
    District of Columbia courthouse facilities, including structural
    improvements to the District of Columbia cell block at the Moultrie
    Courthouse: Provided, That notwithstanding any other provision of law,
    a single contract or related contracts for development and construction
    of facilities may be employed which collectively include the full scope
    of the project: Provided further, That the solicitation and contract
    shall contain the clause ``availability of Funds'' found at 48 CFR
    52.232-18: Provided further, That funds made available for capital
    improvements shall be expended consistent with the General Services
    Administration (GSA) master plan study and building evaluation report:
    Provided further, That notwithstanding any other provision of law, all
    amounts under this heading shall be apportioned quarterly by the Office
    of Management and Budget and obligated and expended in the same manner
    as funds appropriated for salaries and expenses of other Federal
    agencies, with payroll and financial services to be provided on a
    contractual basis with the GSA, and such services shall include the
    preparation of monthly financial reports, copies of which shall be
    submitted directly by GSA to the President and to the Committees on
    Appropriations of the House of Representatives and Senate, the
    Committee on Oversight and Government Reform of the House of
    Representatives, and the Committee on Homeland Security and
    Governmental Affairs of the Senate: Provided further, That 30 days
    after providing written notice to the Committees on Appropriations of
    the House of Representatives and Senate, the District of Columbia
    Courts may reallocate not more than $1,000,000 of the funds provided
    under this heading among the items and entities funded under this
    heading for operations, and not more than 4 percent of the funds
    provided under this heading for facilities.

                defender services in district of columbia courts

        For payments authorized under section 11-2604 and section 11-2605,
    D.C. Official Code (relating to representation provided under the
    District of Columbia Criminal Justice Act), payments for counsel
    appointed in proceedings in the Family Court of the Superior Court of
    the District of Columbia under chapter 23 of title 16, D.C. Official
    Code, or pursuant to contractual agreements to provide guardian ad
    litem representation, training, technical assistance and such other
    services as are necessary to improve the quality of guardian ad litem
    representation, payments for counsel appointed in adoption proceedings
    under chapter 3 of title 16, D.C. Code, and payments for counsel
    authorized under section 21-2060, D.C. Official Code (relating to
    representation provided under the District of Columbia Guardianship,
    Protective Proceedings, and Durable Power of Attorney Act of 1986),
    $47,975,000, to remain available until expended: Provided, That the
    funds provided in this Act under the heading ``Federal Payment to the
    District of Columbia Courts'' (other than the $62,591,000 provided
    under such heading for capital improvements for District of Columbia
    courthouse facilities) may also be used for payments under this
    heading: Provided further, That in addition to the funds provided under
    this heading, the Joint Committee on Judicial Administration in the
    District of Columbia may use funds provided in this Act under the
    heading ``Federal Payment to the District of Columbia Courts'' (other
    than the $62,591,000 provided under such heading for capital
    improvements for District of Columbia courthouse facilities), to make
    payments described under this heading for obligations incurred during
    any fiscal year: Provided further, That funds provided under this
    heading shall be administered by the Joint Committee on Judicial
    Administration in the District of Columbia: Provided further, That
    notwithstanding any other provision of law, this appropriation shall be
    apportioned quarterly by the Office of Management and Budget and
    obligated and expended in the same manner as funds appropriated for
    expenses of other Federal agencies, with payroll and financial services
    to be provided on a contractual basis with the General Services
    Administration (GSA), and such services shall include the preparation
    of monthly financial reports, copies of which shall be submitted
    directly by GSA to the President and to the Committees on
    Appropriations of the House of Representatives and Senate, the
    Committee on Oversight and Government Reform of the House of
    Representatives, and the Committee on Homeland Security and
    Governmental Affairs of the Senate.

     federal payment to the court services and offender supervision agency
                          for the district of columbia

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the Court Services and Offender Supervision Agency for the
    District of Columbia, as authorized by the National Capital
    Revitalization and Self-Government Improvement Act of 1997,
    $190,343,000, of which not to exceed $2,000 is for official receptions
    and representation expenses related to Community Supervision and
    Pretrial Services Agency programs; of which not to exceed $25,000 is
    for dues and assessments relating to the implementation of the Court
    Services and Offender Supervision Agency Interstate Supervision Act of
    2002; of which not to exceed $400,000 for the Community Supervision
    Program and $160,000 for the Pretrial Services Program, both to remain
    available until September 30, 2009, are for information technology
    infrastructure enhancement acquisitions; of which $140,499,000 shall be
    for necessary expenses of Community Supervision and Sex Offender
    Registration, to include expenses relating to the supervision of adults
    subject to protection orders or the provision of services for or
    related to such persons; of which $49,894,000 shall be available to the
    Pretrial Services Agency: Provided, That notwithstanding any other
    provision of law, all amounts under this heading shall be apportioned
    quarterly by the Office of Management and Budget and obligated and
    expended in the same manner as funds appropriated for salaries and
    expenses of other Federal agencies: Provided further, That not less
    than $1,000,000 shall be available for re-entrant housing in the
    District of Columbia: Provided further, That the Director is authorized
    to accept and use gifts in the form of in-kind contributions of space
    and hospitality to support offender and defendant programs, and
    equipment and vocational training services to educate and train
    offenders and defendants: Provided further, That the Director shall
    keep accurate and detailed records of the acceptance and use of any
    gift or donation under the previous proviso, and shall make such
    records available for audit and public inspection: Provided further,
    That the Court Services and Offender Supervision Agency Director is
    authorized to accept and use reimbursement from the District of
    Columbia Government for space and services provided on a cost
    reimbursable basis.

      federal payment to the district of columbia public defender service

        For salaries and expenses, including the transfer and hire of motor
    vehicles, of the District of Columbia Public Defender Service, as
    authorized by the National Capital Revitalization and Self-Government
    Improvement Act of 1997, $32,710,000: Provided, That notwithstanding
    any other provision of law, all amounts under this heading shall be
    apportioned quarterly by the Office of Management and Budget and
    obligated and expended in the same manner as funds appropriated for
    salaries and expenses of Federal agencies.

     federal payment to the district of columbia water and sewer authority

        For a Federal payment to the District of Columbia Water and Sewer
    Authority, $8,000,000, to remain available until expended, to continue
    implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
    That the District of Columbia Water and Sewer Authority provides a
    match of $6,000,000 and the District of Columbia provides a match of
    $2,000,000 in local funds for this payment.

          federal payment to the criminal justice coordinating council

        For a Federal payment to the Criminal Justice Coordinating Council,
    $1,300,000, to remain available until expended, to support initiatives
    related to the coordination of Federal and local criminal justice
    resources in the District of Columbia.

      federal payment to the office of the chief financial officer of the
                              district of columbia

        For a Federal payment to the Office of the Chief Financial Officer
    of the District of Columbia, $5,453,000: Provided, That each entity
    that receives funding under this heading shall submit to the Office of
    the Chief Financial Officer of the District of Columbia (CFO) a report
    on the activities to be carried out with such funds no later than March
    15, 2008, and the CFO shall submit a comprehensive report to the
    Committees on Appropriations of the House of Representatives and the
    Senate no later than June 1, 2008.

                     federal payment for school improvement

        For a Federal payment for a school improvement program in the
    District of Columbia, $40,800,000, to be allocated as follows: for the
    District of Columbia Public Schools, $13,000,000 to improve public
    school education in the District of Columbia; for the State Education
    Office, $13,000,000 to expand quality public charter schools in the
    District of Columbia, to remain available until expended; for the
    Secretary of the Department of Education, $14,800,000 to provide
    opportunity scholarships for students in the District of Columbia in
    accordance with division C, title III of the District of Columbia
    Appropriations Act, 2004 (Public Law 108-199; 118 Stat. 126), of which
    up to $1,800,000 may be used to administer and fund assessments.

              federal payment for consolidated laboratory facility

        For a Federal payment to the District of Columbia, $5,000,000, to
    remain available until September 30, 2009, for costs associated with
    the construction of a consolidated bioterrorism and forensics
    laboratory: Provided, That the District of Columbia provides a 100
    percent match for this payment.

            federal payment for central library and branch locations

        For a Federal payment to the District of Columbia, $9,000,000, to
    remain available until expended, for the Federal contribution for costs
    associated with the renovation and rehabilitation of District
    libraries.

        federal payment to reimburse the federal bureau of investigation

        For a Federal payment to the District of Columbia, $4,000,000, to
    remain available until September 30, 2010, for reimbursement to the
    Federal Bureau of Investigation for additional laboratory services.

    federal payment to the executive office of the mayor of the district of
                                    columbia

        For a Federal payment to the Executive Office of the Mayor of the
    District of Columbia, $5,000,000: Provided, That these funds shall be
    available to support the District's efforts to enhance the public
    education system, to improve environmental quality, to expand pediatric
    healthcare services and for historic preservation: Provided further,
    That no funds shall be expended until the Mayor of the District of
    Columbia submits a detailed expenditure plan, including performance
    measures, to the Committees on Appropriations of the House of
    Representatives and the Senate: Provided further, That the District
    submit a preliminary progress report on activities no later than June
    1, 2008, and a final report including a detailed description of
    outcomes achieved no later than November 1, 2009.

                           District of Columbia Funds

        The following amounts are appropriated for the District of Columbia
    for the current fiscal year out of the general fund of the District of
    Columbia, except as otherwise specifically provided: Provided, That
    notwithstanding any other provision of law, except as provided in
    section 450A of the District of Columbia Home Rule Act, approved
    November 2, 2000 (114 Stat. 2440; D.C. Official Code, section 1-
    204.50a) and provisions of this Act: The total amount appropriated in
    this Act for operating expenses for the District of Columbia for fiscal
    year 2008 under this heading shall not exceed the lesser of the sum of
    the total revenues of the District of Columbia for such fiscal year or
    $9,773,775,000 (of which $6,111,623,000 (including $348,929,000 from
    dedicated taxes) shall be from local funds, $2,015,854,000 shall be
    from Federal grant funds, $1,637,736,000 shall be from other funds, and
    $8,562,000 shall be from private funds), in addition, $114,905,000 from
    funds previously appropriated in this Act as Federal payments: Provided
    further, That of the local funds, $339,989,000 shall be derived from
    the District's general fund balance: Provided further, That of these
    funds the District's intradistrict authority shall be $648,290,000: in
    addition for capital construction projects there is appropriated an
    increase of $1,607,703,000, of which $1,042,712,000 shall be from local
    funds, $38,523,000 from the District of Columbia Highway Trust Fund,
    $73,260,000 from the Local Street Maintenance fund, $75,000,000 from
    revenue bonds, $150,000,000 from financing for construction of a
    consolidated laboratory facility, $42,200,000 for construction of a
    baseball stadium, $186,008,000 from Federal grant funds, and a
    rescission of $212,696,000 from local funds appropriated under this
    heading in prior fiscal years, for a net amount of $1,395,007,000, to
    remain available until expended: Provided further, That the amounts
    provided under this heading are to be subject to the provisions of and
    allocated and expended as proposed under ``Title III--District of
    Columbia Funds Summary of Expenses'' of the Fiscal Year 2008 Proposed
    Budget and Financial Plan submitted to the Congress of the United
    States by the District of Columbia on June 7, 2007 as amended on June
    29, 2007 and such title is hereby incorporated by reference as though
    set forth fully herein: Provided further, That this amount may be
    increased by proceeds of one-time transactions, which are expended for
    emergency or unanticipated operating or capital needs: Provided
    further, That such increases shall be approved by enactment of local
    District law and shall comply with all reserve requirements contained
    in the District of Columbia Home Rule Act approved December 24, 1973
    (87 Stat. 777; D.C. Official Code Sec. 1-201.01 et seq.), as amended by
    this Act: Provided further, That the Chief Financial Officer of the
    District of Columbia shall take such steps as are necessary to assure
    that the District of Columbia meets these requirements, including the
    apportioning by the Chief Financial Officer of the appropriations and
    funds made available to the District during fiscal year 2008, except
    that the Chief Financial Officer may not reprogram for operating
    expenses any funds derived from bonds, notes, or other obligations
    issued for capital projects.
        This title may be cited as the ``District of Columbia
    Appropriations Act, 2008''.

                                    TITLE V

                              INDEPENDENT AGENCIES

                       Consumer Product Safety Commission

                             salaries and expenses

        For necessary expenses of the Consumer Product Safety Commission,
    including hire of passenger motor vehicles, services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
    purchase of nominal awards to recognize non-Federal officials'
    contributions to Commission activities, and not to exceed $1,000 for
    official reception and representation expenses, $80,000,000.

                         Election Assistance Commission

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses to carry out the Help America Vote Act of
    2002, $16,530,000, of which $3,250,000 shall be transferred to the
    National Institute of Standards and Technology for election reform
    activities authorized under the Help America Vote Act of 2002:
    Provided, That $200,000 shall be for a competitive grant program to
    support community involvement in student and parent mock elections.

                            election reform programs

        For necessary expenses to carry out programs under the Help America
    Vote Act of 2002 (Public Law 107-252), $115,000,000 which shall be
    available for requirements payments under part 1 of subtitle D of title
    II of such Act.

                        election data collection grants

        For necessary expenses to carry out an election data collection
    grants program under section 501 of this Act, $10,000,000, which shall
    remain available until expended.

            Administrative Provision--Election Assistance Commission

        Sec. 501. (a) Election Data Collection Grants.--Not later than
    March 30, 2008, the Election Assistance Commission (in this section
    referred to as the ``Commission'') shall establish an election data
    collection grant program (in this section referred to as the
    ``program'') to provide a grant of $2,000,000 to 5 eligible States to
    improve the collection of data relating to the regularly scheduled
    general election for Federal office held in November 2008. For purposes
    of this section, the term ``State'' has the meaning given such term in
    section 901 of the Help America Vote Act of 2002 (42 U.S.C. 15541).
        (b) Eligibility.--A State is eligible to receive a grant under the
    program if it submits to the Commission, at such time and in such form
    as the Commission may require, an application containing the following
    information and assurances:
                (1) A plan for the use of the funds provided by the grant
            which will expand and improve the collection of the election
            data described in subsection (a) at the precinct level and will
            provide for the collection of such data in a common electronic
            format (as determined by the Commission).
                (2) An assurance that the State will comply with all
            requests made by the Commission for the compilation and
            submission of the data.
                (3) An assurance that the State will provide the Commission
            with such information as the Commission may require to prepare
            and submit the report described in subsection (d).
                (4) Such other information and assurances as the Commission
            may require.
        (c) Timing of Grants; Availability.--
                (1) Timing.--The Commission shall award grants under the
            program to eligible States not later than 60 days after the
            date on which the Commission establishes the program.
                (2) Availability of funds.--Amounts provided by a grant
            under the program shall remain available without fiscal year
            limitation until expended.
        (d) Report to Congress.--
                (1) Report.--Not later than June 30, 2009, the Commission,
            in consultation with the States receiving grants under the
            program and the Election Assistance Commission Board of
            Advisors, shall submit a report to Congress on the impact of
            the program on the collection of the election data described in
            subsection (a).
                (2) Recommendations.--The Commission shall include in the
            report submitted under paragraph (1) such recommendations as
            the Commission considers appropriate to improve the collection
            of data relating to regularly scheduled general elections for
            Federal office in all States, including recommendations for
            changes in Federal law or regulations and the Commission's
            estimate of the amount of funding necessary to carry out such
            changes.

                       Federal Communications Commission

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses of the Federal Communications Commission, as
    authorized by law, including uniforms and allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
    reception and representation expenses; purchase and hire of motor
    vehicles; special counsel fees; and services as authorized by 5 U.S.C.
    3109, $313,000,000: Provided, That $312,000,000 of offsetting
    collections shall be assessed and collected pursuant to section 9 of
    title I of the Communications Act of 1934, shall be retained and used
    for necessary expenses in this appropriation, and shall remain
    available until expended: Provided further, That the sum herein
    appropriated shall be reduced as such offsetting collections are
    received during fiscal year 2008 so as to result in a final fiscal year
    2008 appropriation estimated at $1,000,000: Provided further, That any
    offsetting collections received in excess of $312,000,000 in fiscal
    year 2008 shall not be available for obligation: Provided further, That
    remaining offsetting collections from prior years collected in excess
    of the amount specified for collection in each such year and otherwise
    becoming available on October 1, 2007, shall not be available for
    obligation: Provided further, That notwithstanding 47 U.S.C.
    309(j)(8)(B), proceeds from the use of a competitive bidding system
    that may be retained and made available for obligation shall not exceed
    $85,000,000 for fiscal year 2008: Provided further, That, in addition,
    not to exceed $21,480,000 may be transferred from the Universal Service
    Fund in fiscal year 2008 to remain available until expended, to monitor
    the Universal Service Fund program to prevent and remedy waste, fraud
    and abuse, and to conduct audits and investigations by the Office of
    Inspector General.

          administrative provisions--federal communications commission

        Sec. 510. Section 302 of the Universal Service Antideficiency
    Temporary Suspension Act is amended by striking ``December 31, 2007'',
    each place it appears and inserting ``December 31, 2008''.
        Sec. 511. None of the funds appropriated by this Act may be used by
    the Federal Communications Commission to modify, amend, or change its
    rules or regulations for universal service support payments to
    implement the February 27, 2004 recommendations of the Federal-State
    Joint Board on Universal Service regarding single connection or primary
    line restrictions on universal service support payments.

                     Federal Deposit Insurance Corporation

                          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,
    $26,848,000, to be derived from the Deposit Insurance Fund and the
    FSLIC Resolution Fund.

                          Federal Election Commission

                             salaries and expenses

        For necessary expenses to carry out the provisions of the Federal
    Election Campaign Act of 1971, $59,224,000, of which no less than
    $8,100,000 shall be available for internal automated data processing
    systems, and of which not to exceed $5,000 shall be available for
    reception and representation expenses.

                       Federal Labor Relations Authority

                             salaries and expenses

        For necessary expenses to carry out functions of the Federal Labor
    Relations Authority, pursuant to Reorganization Plan Numbered 2 of
    1978, and the Civil Service Reform Act of 1978, including services
    authorized by 5 U.S.C. 3109, and including hire of experts and
    consultants, hire of passenger motor vehicles, and rental of conference
    rooms in the District of Columbia and elsewhere, $23,641,000: Provided,
    That public members of the Federal Service Impasses Panel may be paid
    travel expenses and per diem in lieu of subsistence as authorized by
    law (5 U.S.C. 5703) for persons employed intermittently in the
    Government service, and compensation as authorized by 5 U.S.C. 3109:
    Provided further, That notwithstanding 31 U.S.C. 3302, funds received
    from fees charged to non-Federal participants at labor-management
    relations conferences shall be credited to and merged with this
    account, to be available without further appropriation for the costs of
    carrying out these conferences.

                            Federal Trade Commission

                             salaries and expenses

        For necessary expenses of the Federal Trade Commission, including
    uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
    services as authorized by 5 U.S.C. 3109; hire of passenger motor
    vehicles; and not to exceed $2,000 for official reception and
    representation expenses, $243,864,000, to remain available until
    expended: Provided, That not to exceed $300,000 shall be available for
    use to contract with a person or persons for collection services in
    accordance with the terms of 31 U.S.C. 3718: Provided further, 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: Provided further, That, notwithstanding any other
    provision of law, not to exceed $23,000,000 in offsetting collections
    derived from fees sufficient to implement and enforce the Telemarketing
    Sales Rule, promulgated under the Telemarketing and Consumer Fraud and
    Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to
    this account, and be retained and used for necessary expenses in this
    appropriation: 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 $81,864,000: Provided further, That none of the funds made
    available to the Federal Trade Commission may be used to implement
    subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act
    (12 U.S.C. 1831t).

                        General Services Administration

                            real property activities

                             federal buildings fund

                     limitations on availability of revenue

        For an additional amount to be deposited in the Federal Buildings
    Fund, $83,964,000. To carry out the purposes of the Fund established
    pursuant to section 210(f) of the Federal Property and Administrative
    Services Act of 1949, as amended (40 U.S.C. 592), the revenues and
    collections deposited into the Fund shall be available for necessary
    expenses of real property management and related activities not
    otherwise provided for, including operation, maintenance, and
    protection of federally owned and leased buildings; rental of buildings
    in the District of Columbia; restoration of leased premises; moving
    governmental agencies (including space adjustments and
    telecommunications relocation expenses) in connection with the
    assignment, allocation and transfer of space; contractual services
    incident to cleaning or servicing buildings, and moving; repair and
    alteration of federally owned buildings including grounds, approaches
    and appurtenances; care and safeguarding of sites; maintenance,
    preservation, demolition, and equipment; acquisition of buildings and
    sites by purchase, condemnation, or as otherwise authorized by law;
    acquisition of options to purchase buildings and sites; conversion and
    extension of federally owned buildings; preliminary planning and design
    of projects by contract or otherwise; construction of new buildings
    (including equipment for such buildings); and payment of principal,
    interest, and any other obligations for public buildings acquired by
    installment purchase and purchase contract; in the aggregate amount of
    $7,830,414,000, of which: (1)(A) $306,448,000 shall remain available
    until expended for construction (including funds for sites and expenses
    and associated design and construction services) of additional projects
    at the following locations:
                New Construction:
                        California:
                                San Ysidro, Land Port of Entry,
                            $37,742,000.
                        Illinois:
                                Rockford, United States Courthouse,
                            $58,792,000.
                        Maryland:
                                Montgomery County, Food and Drug
                            Administration Consolidation, $57,749,000.
                        Minnesota:
                                Warroad, Land Port of Entry, $43,628,000.
                        Missouri:
                                Jefferson City, United States Courthouse,
                            $66,000,000.
                        Vermont:
                                Derby Line, Land Port of Entry,
                            $33,139,000.
                        Nonprospectus Construction, $9,398,000; and
    (B) $225,000,000 is designated as described in section 5 (in the matter
    preceding division A of this consolidated Act) and shall remain
    available until expended for construction (including funds for sites
    and expenses and associated design and construction services) of
    additional projects at the following locations:
                Arizona:
                        San Luis, Land Port of Entry I, $7,053,000.
                California:
                        San Ysidro, Land Port of Entry, $161,437,000.
                Maine:
                        Madawaska, Land Port of Entry, $17,160,000.
                New York:
                        Alexandria Bay, Land Port of Entry, $11,676,000.
                Texas:
                        El Paso, Tornillo-Guadalupe, Land Port of Entry,
                    $4,290,000.
                        Donna/Rio Bravo International Bridge, Land Port of
                    Entry, $23,384,000:
    Provided, That, notwithstanding any other provision of law, the
    Administrator of General Services is authorized to proceed with
    necessary site acquisition, design, and construction for the new
    courthouse project in Rockford, Illinois, listed in Public Law 109-115
    and for which funds have been appropriated under this or any other
    Acts, with the understanding that the total estimated cost of the
    project, exclusive of any permitted escalations, shall be $100,225,000:
    Provided further, That each of the foregoing limits of costs on new
    construction projects may be exceeded to the extent that savings are
    effected in other such projects, but not to exceed 10 percent of the
    amounts included in an approved prospectus, if required, unless advance
    approval is obtained from the Committees on Appropriations of a greater
    amount: Provided further, That all funds for direct construction
    projects shall expire on September 30, 2009 and remain in the Federal
    Buildings Fund except for funds for projects as to which funds for
    design or other funds have been obligated in whole or in part prior to
    such date; (2) $722,161,000 shall remain available until expended for
    repairs and alterations, which includes associated design and
    construction services:
                Repairs and Alterations:
                        District of Columbia:
                                Eisenhower Executive Office Building, Phase
                            III, $121,204,000.
                                Joint Operations Center, $12,800,000.
                                Nebraska Avenue Complex, $27,673,000.
                        Nevada:
                                Reno, C. Clifton Young Federal Building and
                            Courthouse, $12,793,000.
                        New York:
                                New York, Thurgood Marshall United States
                            Courthouse, $170,544,000.
                        West Virginia:
                                Martinsburg Internal Revenue Service
                            Enterprise Computing Center, $35,822,000.
                        Special Emphasis Programs:
                                Energy Program, $15,000,000.
                        Design Program, $7,372,000.
                        Basic Repairs and Alterations, $318,953,000:
    Provided further, That funds made available in this or any previous Act
    in the Federal Buildings Fund for Repairs and Alterations shall, for
    prospectus projects, be limited to the amount identified for each
    project, except each project in this or any previous Act may be
    increased by an amount not to exceed 10 percent unless advance approval
    is obtained from the Committees on Appropriations of a greater amount:
    Provided further, That additional projects for which prospectuses have
    been fully approved may be funded under this category only if advance
    approval is obtained from the Committees on Appropriations: Provided
    further, That the amounts provided in this or any prior Act for
    ``Repairs and Alterations'' may be used to fund costs associated with
    implementing security improvements to buildings necessary to meet the
    minimum standards for security in accordance with current law and in
    compliance with the reprogramming guidelines of the appropriate
    Committees of the House and Senate: Provided further, That the
    difference between the funds appropriated and expended on any projects
    in this or any prior Act, under the heading ``Repairs and
    Alterations'', may be transferred to Basic Repairs and Alterations or
    used to fund authorized increases in prospectus projects: Provided
    further, That all funds for repairs and alterations prospectus projects
    shall expire on September 30, 2009 and remain in the Federal Buildings
    Fund except funds for projects as to which funds for design or other
    funds have been obligated in whole or in part prior to such date:
    Provided further, That the amount provided in this or any prior Act for
    Basic Repairs and Alterations may be used to pay claims against the
    Government arising from any projects under the heading ``Repairs and
    Alterations'' or used to fund authorized increases in prospectus
    projects; (3) $155,781,000 for installment acquisition payments,
    including payments on purchase contracts which shall remain available
    until expended; (4) $4,315,534,000 for rental of space which shall
    remain available until expended; and (5) $2,105,490,000 for building
    operations which shall remain available until expended, of which up to
    $500,000 may be used as Federal competitive contributions to entities
    which coordinate long-term siting of Federal building and employment in
    the National Capital Region with State and local governments, the
    commercial sector and other major stakeholders in the region: Provided
    further, That funds available to the General Services Administration
    shall not be available for expenses of any construction, repair,
    alteration and acquisition project for which a prospectus, if required
    by the Public Buildings Act of 1959, has not been approved, except that
    necessary funds may be expended for each project for required expenses
    for the development of a proposed prospectus: Provided further, That
    funds available in the Federal Buildings Fund may be expended for
    emergency repairs when advance approval is obtained from the Committees
    on Appropriations: Provided further, That amounts necessary to provide
    reimbursable special services to other agencies under section 210(f)(6)
    of the Federal Property and Administrative Services Act of 1949 (40
    U.S.C. 592(b)(2)) and amounts to provide such reimbursable fencing,
    lighting, guard booths, and other facilities on private or other
    property not in Government ownership or control as may be appropriate
    to enable the United States Secret Service to perform its protective
    functions pursuant to 18 U.S.C. 3056, shall be available from such
    revenues and collections: Provided further, That revenues and
    collections and any other sums accruing to this Fund during fiscal year
    2008, excluding reimbursements under section 210(f)(6) of the Federal
    Property and Administrative Services Act of 1949 (40 U.S.C. 592(b)(2))
    in excess of the aggregate new obligational authority authorized for
    Real Property Activities of the Federal Buildings Fund in this Act
    shall remain in the Fund and shall not be available for expenditure
    except as authorized in appropriations Acts.

                               general activities

                             government-wide policy

        For expenses authorized by law, not otherwise provided for, for
    Government-wide policy and evaluation activities associated with the
    management of real and personal property assets and certain
    administrative services; Government-wide policy support
    responsibilities relating to acquisition, telecommunications,
    information technology management, and related technology activities;
    and services as authorized by 5 U.S.C. 3109; $52,891,000.

                               operating expenses

        For expenses authorized by law, not otherwise provided for, for
    Government-wide activities associated with utilization and donation of
    surplus personal property; disposal of real property; providing
    Internet access to Federal information and services; agency-wide policy
    direction and management, and Board of Contract Appeals; accounting,
    records management, and other support services incident to adjudication
    of Indian Tribal Claims by the United States Court of Federal Claims;
    services as authorized by 5 U.S.C. 3109; and not to exceed $7,500 for
    official reception and representation expenses, $85,870,000.

                          office of inspector general

        For necessary expenses of the Office of Inspector General and
    service authorized by 5 U.S.C. 3109, $48,382,000: Provided, That not to
    exceed $15,000 shall be available for payment for information and
    detection of fraud against the Government, including payment for
    recovery of stolen Government property: Provided further, That not to
    exceed $2,500 shall be available for awards to employees of other
    Federal agencies and private citizens in recognition of efforts and
    initiatives resulting in enhanced Office of Inspector General
    effectiveness.

                           electronic government fund

                         (including transfer of funds)

        For necessary expenses in support of interagency projects that
    enable the Federal Government to expand its ability to conduct
    activities electronically, through the development and implementation
    of innovative uses of the Internet and other electronic methods,
    $3,000,000, to remain available until expended: Provided, That these
    funds may be transferred to Federal agencies to carry out the purposes
    of the Fund: Provided further, That this transfer authority shall be in
    addition to any other transfer authority provided in this Act: Provided
    further, That such transfers may not be made until 10 days after a
    proposed spending plan and explanation for each project to be
    undertaken has been submitted to the Committees on Appropriations.

               allowances and office staff for former presidents

                         (including transfer of funds)

        For carrying out the provisions of the Act of August 25, 1958 (3
    U.S.C. 102 note), and Public Law 95-138, $2,478,000: Provided, That the
    Administrator of General Services shall transfer to the Secretary of
    the Treasury such sums as may be necessary to carry out the provisions
    of such Acts.

                    federal citizen information center fund

        For necessary expenses of the Federal Citizen Information Center,
    including services authorized by 5 U.S.C. 3109, $17,328,000, to be
    deposited into the Federal Citizen Information Center Fund: Provided,
    That the appropriations, revenues, and collections deposited into the
    Fund shall be available for necessary expenses of Federal Citizen
    Information Center activities in the aggregate amount not to exceed
    $42,000,000. Appropriations, revenues, and collections accruing to this
    Fund during fiscal year 2008 in excess of such amount shall remain in
    the Fund and shall not be available for expenditure except as
    authorized in appropriations Acts.

           administrative provisions--general services administration

                         (including transfers of funds)

        Sec. 520. The appropriate appropriation or fund available to the
    General Services Administration shall be credited with the cost of
    operation, protection, maintenance, upkeep, repair, and improvement,
    included as part of rentals received from Government corporations
    pursuant to law (40 U.S.C. 129).
        Sec. 521. Funds available to the General Services Administration
    shall be available for the hire of passenger motor vehicles.
        Sec. 522. Funds in the Federal Buildings Fund made available for
    fiscal year 2008 for Federal Buildings Fund activities may be
    transferred between such activities only to the extent necessary to
    meet program requirements: Provided, That any proposed transfers shall
    be approved in advance by the Committees on Appropriations.
        Sec. 523. Except as otherwise provided in this title, no funds made
    available by this Act shall be used to transmit a fiscal year 2009
    request for United States Courthouse construction that: (1) does not
    meet the design guide standards for construction as established and
    approved by the General Services Administration, the Judicial
    Conference of the United States, and the Office of Management and
    Budget; and (2) does not reflect the priorities of the Judicial
    Conference of the United States as set out in its approved 5-year
    construction plan: Provided, That the fiscal year 2009 request must be
    accompanied by a standardized courtroom utilization study of each
    facility to be constructed, replaced, or expanded.
        Sec. 524. None of the funds provided in this Act may be used to
    increase the amount of occupiable square feet, provide cleaning
    services, security enhancements, or any other service usually provided
    through the Federal Buildings Fund, to any agency that does not pay the
    rate per square foot assessment for space and services as determined by
    the General Services Administration in compliance with the Public
    Buildings Amendments Act of 1972 (Public Law 92-313).
        Sec. 525. From funds made available under the heading ``Federal
    Buildings Fund, Limitations on Availability of Revenue'', claims
    against the Government of less than $250,000 arising from direct
    construction projects and acquisition of buildings may be liquidated
    from savings effected in other construction projects with prior
    notification to the Committees on Appropriations.
        Sec. 526. No funds shall be used by the General Services
    Administration to reorganize its organizational structure without
    approval by the House and Senate Committees on Appropriations through
    an operating plan change.
        Sec. 527. In any case in which the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate adopt a resolution granting
    lease authority pursuant to a prospectus transmitted to Congress by the
    Administrator of General Services under section 3307 of title 40,
    United States Code, the Administrator shall ensure that the delineated
    area of procurement is identical to the delineated area included in the
    prospectus for all lease agreements, except that, if the Administrator
    determines that the delineated area of the procurement should not be
    identical to the delineated area included in the prospectus, the
    Administrator shall provide an explanatory statement to each of such
    committees and the House and Senate Committees on Appropriations prior
    to exercising any lease authority provided in the resolution.

                         Merit Systems Protection Board

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses to carry out functions of the Merit Systems
    Protection Board pursuant to Reorganization Plan Numbered 2 of 1978,
    the Civil Service Reform Act of 1978, and the Whistleblower Protection
    Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
    U.S.C. 3109, rental of conference rooms in the District of Columbia and
    elsewhere, hire of passenger motor vehicles, direct procurement of
    survey printing, and not to exceed $2,000 for official reception and
    representation expenses, $37,507,000 together with not to exceed
    $2,579,000 for administrative expenses to adjudicate retirement appeals
    to be transferred from the Civil Service Retirement and Disability Fund
    in amounts determined by the Merit Systems Protection Board.

     Morris K. Udall Scholarship and Excellence in National Environmental
                               Policy Foundation

     morris k. udall scholarship and excellence in national environmental
                               policy trust fund

                         (including transfer of funds)

        For payment to the Morris K. Udall Scholarship and Excellence in
    National Environmental Policy Trust Fund, pursuant to the Morris K.
    Udall Scholarship and Excellence in National Environmental and Native
    American Public Policy Act of 1992 (20 U.S.C. 5601 et seq.),
    $3,750,000, to remain available until expended, of which up to $50,000
    shall be used to conduct financial audits pursuant to the
    Accountability of Tax Dollars Act of 2002 (Public Law 107-289)
    notwithstanding sections 8 and 9 of Public Law 102-259: Provided, That
    up to 60 percent of such funds may be transferred by the Morris K.
    Udall Scholarship and Excellence in National Environmental Policy
    Foundation for the necessary expenses of the Native Nations Institute.

                     environmental dispute resolution fund

        For payment to the Environmental Dispute Resolution Fund to carry
    out activities authorized in the Environmental Policy and Conflict
    Resolution Act of 1998, $2,000,000, to remain available until expended.

                  National Archives and Records Administration

                               operating expenses

        For necessary expenses in connection with the administration of the
    National Archives and Records Administration (including the Information
    Security Oversight Office) and archived Federal records and related
    activities, as provided by law, and for expenses necessary for the
    review and declassification of documents and the activities of the
    Public Interest Declassification Board, and for the hire of passenger
    motor vehicles, and for uniforms or allowances therefor, as authorized
    by law (5 U.S.C. 5901 et seq.), including maintenance, repairs, and
    cleaning, $315,000,000.

                          electronic records archives

        For necessary expenses in connection with the development of the
    electronic records archives, to include all direct project costs
    associated with research, analysis, design, development, and program
    management, $58,028,000 of which $38,315,000 shall remain available
    until September 30, 2009: Provided, That none of the multi-year funds
    may be obligated until the National Archives and Records Administration
    submits to the Committees on Appropriations, and such Committees
    approve, a plan for expenditure that: (1) meets the capital planning
    and investment control review requirements established by the Office of
    Management and Budget, including Circular A-11; (2) complies with the
    National Archives and Records Administration's enterprise architecture;
    (3) conforms with the National Archives and Records Administration's
    enterprise life cycle methodology; (4) is approved by the National
    Archives and Records Administration and the Office of Management and
    Budget; (5) has been reviewed by the Government Accountability Office;
    and (6) complies with the acquisition rules, requirements, guidelines,
    and systems acquisition management practices of the Federal Government.

                            repairs and restoration

        For the repair, alteration, and improvement of archives facilities,
    and to provide adequate storage for holdings, $28,605,000, to remain
    available until expended: Provided, That the Archivist is authorized to
    construct an addition to the John F. Kennedy Presidential Library and
    Museum on land, adjacent to the existing Library and Museum property,
    to be acquired from the Commonwealth of Massachusetts or the University
    of Massachusetts or some other governmental authority thereof; and of
    the funds provided, $8,000,000 shall be used for acquiring the land for
    the Kennedy Library Addition, the first phase of construction, related
    services for building the addition to the Library, and other necessary
    expenses, including renovating the Library as needed in constructing
    the addition; $750,000 to complete design work on the renovation of the
    Franklin D. Roosevelt Presidential Library and Museum; $7,432,000 to
    construct an addition to the Richard Nixon Presidential Library and
    Museum; and $3,760,000 is for the repair and restoration of the plaza
    that surrounds the Lyndon Baines Johnson Presidential Library and
    Museum that is under the joint control and custody of the University of
    Texas: Provided further, That such funds shall remain available until
    expended for this purpose and may be transferred directly to the
    University and used, together with University funds, for the repair and
    restoration of the plaza: Provided further, That such funds shall be
    spent in accordance with the construction plan submitted to the
    Committees on Appropriations on March 14, 2005: Provided further, That
    the Archivist shall be prohibited from entering into any agreement with
    the University or any other party that requires additional funding
    commitments on behalf of the Federal Government for this project.

            national historical publications and records commission

                                 grants program

                         (including transfer of funds)

        For necessary expenses for allocations and grants for historical
    publications and records as authorized by 44 U.S.C. 2504, $9,500,000,
    to remain available until expended: Provided, That of the funds
    provided in this paragraph, $2,000,000 shall be transferred to the
    operating expenses account of the National Archives and Records
    Administration for operating expenses of the National Historical
    Publications and Records Commission.

     administrative provision--national archives and records administration

        The National Archives and Records Administration shall include in
    its fiscal year 2009 budget justifications a comprehensive capital
    needs assessment for funding provided under the ``Repairs and
    Restoration'' appropriations account: Provided, That funds proposed
    under the ``Repairs and Restoration'' appropriations account for fiscal
    year 2009 shall be allocated to projects on a priority basis
    established under a comprehensive capital needs assessment.

                      National Credit Union Administration

                           central liquidity facility

        During fiscal year 2008, gross obligations of the Central Liquidity
    Facility for the principal amount of new direct loans to member credit
    unions, as authorized by 12 U.S.C. 1795 et seq., shall not exceed
    $1,500,000,000: Provided, That administrative expenses of the Central
    Liquidity Facility in fiscal year 2008 shall not exceed $329,000.

                   community development revolving loan fund

        For the Community Development Revolving Loan Fund program as
    authorized by 42 U.S.C. 9812, 9822 and 9910, $975,000 shall be
    available until September 30, 2009 for technical assistance to low-
    income designated credit unions.

                          Office of Government Ethics

                             salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Government Ethics pursuant to the Ethics in Government Act of 1978, and
    the Ethics Reform Act of 1989, including services as authorized by 5
    U.S.C. 3109, rental of conference rooms in the District of Columbia and
    elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
    for official reception and representation expenses, $11,750,000.

                         Office of Personnel Management

                             salaries and expenses

                      (including transfer of trust funds)

        For necessary expenses to carry out functions of the Office of
    Personnel Management pursuant to Reorganization Plan Numbered 2 of 1978
    and the Civil Service Reform Act of 1978, including services as
    authorized by 5 U.S.C. 3109; medical examinations performed for
    veterans by private physicians on a fee basis; rental of conference
    rooms in the District of Columbia and elsewhere; hire of passenger
    motor vehicles; not to exceed $2,500 for official reception and
    representation expenses; advances for reimbursements to applicable
    funds of the Office of Personnel Management and the Federal Bureau of
    Investigation for expenses incurred under Executive Order No. 10422 of
    January 9, 1953, as amended; and payment of per diem and/or subsistence
    allowances to employees where Voting Rights Act activities require an
    employee to remain overnight at his or her post of duty, $101,765,000,
    of which $5,991,000 shall remain available until expended for the
    Enterprise Human Resources Integration project; $1,351,000 shall remain
    available until expended for the Human Resources Line of Business
    project; $340,000 shall remain available until expended for the E-
    Payroll project; and $170,000 shall remain available until expended for
    the E-Training program; and in addition $123,901,000 for administrative
    expenses, to be transferred from the appropriate trust funds of the
    Office of Personnel Management without regard to other statutes,
    including direct procurement of printed materials, for the retirement
    and insurance programs, of which $26,965,000 shall remain available
    until expended for the cost of automating the retirement recordkeeping
    systems: Provided, That the provisions of this appropriation shall not
    affect the authority to use applicable trust funds as provided by
    sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States
    Code: Provided further, That no part of this appropriation shall be
    available for salaries and expenses of the Legal Examining Unit of the
    Office of Personnel Management established pursuant to Executive Order
    No. 9358 of July 1, 1943, or any successor unit of like purpose:
    Provided further, That the President's Commission on White House
    Fellows, established by Executive Order No. 11183 of October 3, 1964,
    may, during fiscal year 2008, accept donations of money, property, and
    personal services: Provided further, That such donations, including
    those from prior years, may be used for the development of publicity
    materials to provide information about the White House Fellows, except
    that no such donations shall be accepted for travel or reimbursement of
    travel expenses, or for the salaries of employees of such Commission.

                          office of inspector general

                             salaries and expenses

                      (including transfer of trust funds)

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    including services as authorized by 5 U.S.C. 3109, hire of passenger
    motor vehicles, $1,519,000, and in addition, not to exceed $17,081,000
    for administrative expenses to audit, investigate, and provide other
    oversight of the Office of Personnel Management's retirement and
    insurance programs, to be transferred from the appropriate trust funds
    of the Office of Personnel Management, as determined by the Inspector
    General: Provided, That the Inspector General is authorized to rent
    conference rooms in the District of Columbia and elsewhere.

          government payment for annuitants, employees health benefits

        For payment of Government contributions with respect to retired
    employees, as authorized by chapter 89 of title 5, United States Code,
    and the Retired Federal Employees Health Benefits Act (74 Stat. 849),
    such sums as may be necessary.

           government payment for annuitants, employee life insurance

        For payment of Government contributions with respect to employees
    retiring after December 31, 1989, as required by chapter 87 of title 5,
    United States Code, such sums as may be necessary.

            payment to civil service retirement and disability fund

        For financing the unfunded liability of new and increased annuity
    benefits becoming effective on or after October 20, 1969, as authorized
    by 5 U.S.C. 8348, and annuities under special Acts to be credited to
    the Civil Service Retirement and Disability Fund, such sums as may be
    necessary: Provided, That annuities authorized by the Act of May 29,
    1944, and the Act of August 19, 1950 (33 U.S.C. 771-775), may hereafter
    be paid out of the Civil Service Retirement and Disability Fund.

                           Office of Special Counsel

                             salaries and expenses

        For necessary expenses to carry out functions of the Office of
    Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
    Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
    Protection Act of 1989 (Public Law 101-12), Public Law 107-304, and the
    Uniformed Services Employment and Reemployment Act of 1994 (Public Law
    103-353), including services as authorized by 5 U.S.C. 3109, payment of
    fees and expenses for witnesses, rental of conference rooms in the
    District of Columbia and elsewhere, and hire of passenger motor
    vehicles; $17,468,000.

                       Securities and Exchange Commission

                             salaries and expenses

        For necessary expenses for the Securities and Exchange Commission,
    including services as authorized by 5 U.S.C. 3109, the rental of space
    (to include multiple year leases) in the District of Columbia and
    elsewhere, and not to exceed $3,500 for official reception and
    representation expenses, $906,000,000, to remain available until
    expended; of which not to exceed $20,000 may be used toward funding a
    permanent secretariat for the International Organization of Securities
    Commissions; and of which not to exceed $100,000 shall be available for
    expenses for consultations and meetings hosted by the Commission with
    foreign governmental and other regulatory officials, members of their
    delegations, appropriate representatives and staff to exchange views
    concerning developments relating to securities matters, development and
    implementation of cooperation agreements concerning securities matters
    and provision of technical assistance for the development of foreign
    securities markets, such expenses to include necessary logistic and
    administrative expenses and the expenses of Commission staff and
    foreign invitees in attendance at such consultations and meetings
    including: (1) such incidental expenses as meals taken in the course of
    such attendance; (2) any travel and transportation to or from such
    meetings; and (3) any other related lodging or subsistence: Provided,
    That fees and charges authorized by sections 6(b) of the Securities
    Exchange Act of 1933 (15 U.S.C. 77f(b)), and 13(e), 14(g) and 31 of the
    Securities Exchange Act of 1934 (15 U.S.C. 78m(e), 78n(g), and 78ee),
    shall be credited to this account as offsetting collections: Provided
    further, That not to exceed $842,738,000 of such offsetting collections
    shall be available until expended for necessary expenses of this
    account: Provided further, That $63,262,000 shall be derived from prior
    year unobligated balances from funds previously appropriated to the
    Securities and Exchange Commission: Provided further, That the total
    amount appropriated under this heading from the general fund for fiscal
    year 2008 shall be reduced as such offsetting fees are received so as
    to result in a final total fiscal year 2008 appropriation from the
    general fund estimated at not more than $0.

                            Selective Service System

                             salaries and expenses

        For necessary expenses of the Selective Service System, including
    expenses of attendance at meetings and of training for uniformed
    personnel assigned to the Selective Service System, as authorized by 5
    U.S.C. 4101-4118 for civilian employees; purchase of uniforms, or
    allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
    passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and
    not to exceed $750 for official reception and representation expenses;
    $22,000,000: Provided, That during the current fiscal year, the
    President may exempt this appropriation from the provisions of 31
    U.S.C. 1341, whenever the President deems such action to be necessary
    in the interest of national defense: Provided further, That none of the
    funds appropriated by this Act may be expended for or in connection
    with the induction of any person into the Armed Forces of the United
    States.

                         Small Business Administration

                             salaries and expenses

        For necessary expenses, not otherwise provided for, of the Small
    Business Administration as authorized by Public Law 108-447, including
    hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
    1344, and not to exceed $3,500 for official reception and
    representation expenses, $344,123,000: Provided, That the Administrator
    is authorized to charge fees to cover the cost of publications
    developed by the Small Business Administration, and certain loan
    program activities, including fees authorized by section 5(b) of the
    Small Business Act: Provided further, That, notwithstanding 31 U.S.C.
    3302, revenues received from all such activities shall be credited to
    this account, to remain available until expended, for carrying out
    these purposes without further appropriations: Provided further, That
    $97,120,000 shall be available to fund grants for performance in fiscal
    year 2008 or fiscal year 2009 as authorized.

                          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,
    $15,000,000.

                     surety bond guarantees revolving fund

        For additional capital for the Surety Bond Guarantees Revolving
    Fund, authorized by the Small Business Investment Act of 1958,
    $3,000,000, to remain available until expended.

                         business loans program account

                         (including transfers of funds)

        For the cost of direct loans, $2,000,000, to remain available until
    expended: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That subject to section 502 of
    the Congressional Budget Act of 1974, during fiscal year 2008
    commitments to guarantee loans under section 503 of the Small Business
    Investment Act of 1958 shall not exceed $7,500,000,000: Provided
    further, That during fiscal year 2008 commitments for general business
    loans authorized under section 7(a) of the Small Business Act, shall
    not exceed $17,500,000,000: Provided further, That during fiscal year
    2008 commitments to guarantee loans for debentures under section 303(b)
    of the Small Business Investment Act of 1958, shall not exceed
    $3,000,000,000: Provided further, That during fiscal year 2008,
    guarantees of trust certificates authorized by section 5(g) of the
    Small Business Act shall not exceed a principal amount of
    $12,000,000,000. In addition, for administrative expenses to carry out
    the direct and guaranteed loan programs, $135,414,000, which may be
    transferred to and merged with the appropriations for Salaries and
    Expenses.

            administrative provisions--small business administration

                         (including transfer of funds)

        Sec. 530. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Small Business
    Administration 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 paragraph shall be treated as a reprogramming of funds
    under section 610 of this Act and shall not be available for obligation
    or expenditure except in compliance with the procedures set forth in
    that section.
        Sec. 531. All disaster loans issued in Alaska or North Dakota shall
    be administered by the Small Business Administration and shall not be
    sold during fiscal year 2008.
        Sec. 532. (a) Funds made available under section 613 of Public Law
    109-108 (119 Stat. 2338) for Nevada's Commission on Economic
    Development shall be made available to the Nevada Center for
    Entrepreneurship and Technology (CET).
        (b) Funds made available under section 613 of Public Law 109-108
    for the Chattanooga Enterprise Center shall be made available to the
    University of Tennessee at Chattanooga.
        Sec. 533. Public Law 110-28 (121 Stat. 155) is amended in the
    second paragraph of chapter 4 of title IV by inserting before
    ``$25,000,000'' the phrase ``up to''.
        Sec. 534. For an additional amount under the heading ``Small
    Business Administration, Salaries and Expenses'', $69,451,000, to
    remain available until September 30, 2009, shall be for initiatives
    related to small business development and entrepreneurship, including
    programmatic and construction activities: Provided, That amounts made
    available under this section shall be provided in accordance with the
    terms and conditions as specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

                          United States Postal Service

                       payment to the postal service fund

        For payment to the Postal Service Fund for revenue forgone on free
    and reduced rate mail, pursuant to subsections (c) and (d) of section
    2401 of title 39, United States Code, $117,864,000, of which
    $88,864,000 shall not be available for obligation until October 1,
    2008: Provided, That mail for overseas voting and mail for the blind
    shall continue to be free: Provided further, That 6-day delivery and
    rural delivery of mail shall continue at not less than the 1983 level:
    Provided further, That none of the funds made available to the Postal
    Service by this Act shall be used to implement any rule, regulation, or
    policy of charging any officer or employee of any State or local child
    support enforcement agency, or any individual participating in a State
    or local program of child support enforcement, a fee for information
    requested or provided concerning an address of a postal customer:
    Provided further, That none of the funds provided in this Act shall be
    used to consolidate or close small rural and other small post offices
    in fiscal year 2008.

                            United States Tax Court

                             salaries and expenses

        For necessary expenses, including contract reporting and other
    services as authorized by 5 U.S.C. 3109, $45,326,000: Provided, That
    travel expenses of the judges shall be paid upon the written
    certificate of the judge.

                                    TITLE VI

                          GENERAL PROVISIONS--THIS ACT

        Sec. 601. Such sums as may be necessary for fiscal year 2008 pay
    raises for programs funded in this Act shall be absorbed within the
    levels appropriated in this Act or previous appropriations Acts.
        Sec. 602. None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 603. None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 604. The expenditure of any appropriation under this Act for
    any consulting service through procurement contract pursuant to section
    3109 of title 5, United States Code, 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. 605. 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. 606. None of the funds made available by this Act shall be
    available for any activity or for paying the salary of any Government
    employee where funding an activity or paying a salary to a Government
    employee would result in a decision, determination, rule, regulation,
    or policy that would prohibit the enforcement of section 307 of the
    Tariff Act of 1930 (19 U.S.C. 1307).
        Sec. 607. No part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his period of active military or naval service, and has
    within 90 days after his release from such service or from
    hospitalization continuing after discharge for a period of not more
    than 1 year, made application for restoration to his former position
    and has been certified by the Office of Personnel Management as still
    qualified to perform the duties of his former position and has not been
    restored thereto.
        Sec. 608. No funds appropriated pursuant to this Act may be
    expended by an entity unless the entity agrees that in expending the
    assistance the entity will comply with sections 2 through 4 of the Act
    of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
    American Act'').
        Sec. 609. No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        Sec. 610. Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain available for
    obligation or expenditure in fiscal year 2008, or provided from any
    accounts in the Treasury derived by the collection of fees and
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds that: (1)
    creates a new program; (2) eliminates a program, project, or activity;
    (3) increases funds or personnel for any program, project, or activity
    for which funds have been denied or restricted by the Congress; (4)
    proposes to use funds directed for a specific activity by either the
    House or Senate Committees on Appropriations for a different purpose;
    (5) augments existing programs, projects, or activities in excess of
    $5,000,000 or 10 percent, whichever is less; (6) reduces existing
    programs, projects, or activities by $5,000,000 or 10 percent,
    whichever is less; or (7) creates or reorganizes offices, programs, or
    activities unless prior approval is received from the House and Senate
    Committees on Appropriations: Provided, That prior to any significant
    reorganization or restructuring of offices, programs, or activities,
    each agency or entity funded in this Act shall consult with the
    Committees on Appropriations of the House of Representatives and the
    Senate: Provided further, That not later than 60 days after the date of
    enactment of this Act, each agency funded by this Act shall submit a
    report to the Committees on Appropriations of the Senate and of the
    House of Representatives to establish the baseline for application of
    reprogramming and transfer authorities for the current fiscal year:
    Provided further, That the report shall include: (1) a table for each
    appropriation with a separate column to display the President's budget
    request, adjustments made by Congress, adjustments due to enacted
    rescissions, if appropriate, and the fiscal year enacted level; (2) a
    delineation in the table for each appropriation both by object class
    and program, project, and activity as detailed in the budget appendix
    for the respective appropriation; and (3) an identification of items of
    special congressional interest: Provided further, That the amount
    appropriated or limited for salaries and expenses for an agency shall
    be reduced by $100,000 per day for each day after the required date
    that the report has not been submitted to the Congress.
        Sec. 611. Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the
    end of fiscal year 2008 from appropriations made available for salaries
    and expenses for fiscal year 2008 in this Act, shall remain available
    through September 30, 2009, for each such account for the purposes
    authorized: Provided, That a request shall be submitted to the
    Committees on Appropriations for approval prior to the expenditure of
    such funds: Provided further, That these requests shall be made in
    compliance with reprogramming guidelines.
        Sec. 612. None of the funds made available in this Act may be used
    by the Executive Office of the President to request from the Federal
    Bureau of Investigation any official background investigation report on
    any individual, except when--
                (1) such individual has given his or her express written
            consent for such request not more than 6 months prior to the
            date of such request and during the same presidential
            administration; or
                (2) such request is required due to extraordinary
            circumstances involving national security.
        Sec. 613. The cost accounting standards promulgated under section
    26 of the Office of Federal Procurement Policy Act (Public Law 93-400;
    41 U.S.C. 422) shall not apply with respect to a contract under the
    Federal Employees Health Benefits Program established under chapter 89
    of title 5, United States Code.
        Sec. 614. For the purpose of resolving litigation and implementing
    any settlement agreements regarding the nonforeign area cost-of-living
    allowance program, the Office of Personnel Management may accept and
    utilize (without regard to any restriction on unanticipated travel
    expenses imposed in an Appropriations Act) funds made available to the
    Office of Personnel Management pursuant to court approval.
        Sec. 615. No funds appropriated by this Act shall be available to
    pay for an abortion, or the administrative expenses in connection with
    any health plan under the Federal employees health benefits program
    which provides any benefits or coverage for abortions.
        Sec. 616. The provision of section 615 shall not apply where the
    life of the mother would be endangered if the fetus were carried to
    term, or the pregnancy is the result of an act of rape or incest.
        Sec. 617. Notwithstanding any other provision of law, for fiscal
    years 2008 and 2009, neither the Board of Governors of the Federal
    Reserve System nor the Secretary of the Treasury may determine, by
    rule, regulation, order, or otherwise, for the purposes of section 4(K)
    of the Bank Holding Company Act of 1956, or section 5136A of the
    Revised Statutes of the United States, that real estate brokerage
    activity or real estate management activity (which for purposes of this
    paragraph shall be defined to mean ``real estate brokerage'' and
    ``property management'' respectively, as those terms were understood by
    the Federal Reserve Board prior to March 11, 2000) is an activity that
    is financial in nature, is incidental to any financial activity, or is
    complementary to a financial activity. For purposes of this paragraph,
    ``real estate brokerage activity'' shall mean ``real estate
    brokerage'', and ``real estate management activity'' shall mean
    ``property management'' as those terms were understood by the Federal
    Reserve Board prior to March 11, 2000.
        Sec. 618. In order to promote Government access to commercial
    information technology, the restriction on purchasing nondomestic
    articles, materials, and supplies set forth in the Buy American Act (41
    U.S.C. 10a et seq.), shall not apply to the acquisition by the Federal
    Government of information technology (as defined in section 11101 of
    title 40, United States Code), that is a commercial item (as defined in
    section 4(12) of the Office of Federal Procurement Policy Act (41
    U.S.C. 403(12)).
        Sec. 619. Notwithstanding section 10(b) of the Harry S Truman
    Memorial Scholarship Act (20 U.S.C. 2009(b)), hereafter, at the request
    of the Board of Trustees of the Harry S Truman Scholarship Foundation,
    it shall be the duty of the Secretary of the Treasury to invest in full
    the amounts appropriated and contributed to the Harry S Truman Memorial
    Scholarship Trust Fund, as provided in such section. All requests of
    the Board of Trustees to the Secretary provided for in this section
    shall be binding on the Secretary.
        Sec. 620. Notwithstanding section 1353 of title 31, United States
    Code, no officer or employee of any regulatory agency or commission
    funded by this Act may accept on behalf of that agency, nor may such
    agency or commission accept, payment or reimbursement from a non-
    Federal entity for travel, subsistence, or related expenses for the
    purpose of enabling an officer or employee to attend and participate in
    any meeting or similar function relating to the official duties of the
    officer or employee when the entity offering payment or reimbursement
    is a person or entity subject to regulation by such agency or
    commission, or represents a person or entity subject to regulation by
    such agency or commission, unless the person or entity is an
    organization exempt from taxation pursuant to section 501(c)(3) of the
    Internal Revenue Code of 1986.
        Sec. 621. None of the funds made available by this Act may be used
    by the Federal Communications Commission to implement the Fairness
    Doctrine, as repealed in General Fairness Doctrine Obligations of
    Broadcast Licensees (50 Fed. Reg. 35418 (1985)), or any other
    regulations having the same substance.
        Sec. 622. Section 5112 of title 31, United States Code, is amended
    by adding at the end the following new subsection:
        ``(r) Redesign and Issuance of Circulating Quarter Dollar Honoring
    the District of Columbia and Each of the Territories.--
                ``(1) Redesign in 2009.--
                        ``(A) In general.--Notwithstanding the fourth
                    sentence of subsection (d)(1) and subsection (d)(2) and
                    subject to paragraph (6)(B), quarter dollar coins
                    issued during 2009, shall have designs on the reverse
                    side selected in accordance with this subsection which
                    are emblematic of the District of Columbia and the
                    territories.
                        ``(B) Flexibility with regard to placement of
                    inscriptions.--Notwithstanding subsection (d)(1), the
                    Secretary may select a design for quarter dollars
                    issued during 2009 in which--
                                ``(i) the inscription described in the
                            second sentence of subsection (d)(1) appears on
                            the reverse side of any such quarter dollars;
                            and
                                ``(ii) any inscription described in the
                            third sentence of subsection (d)(1) or the
                            designation of the value of the coin appears on
                            the obverse side of any such quarter dollars.
                        ``(2) Single district or territory design.--The
                    design on the reverse side of each quarter dollar
                    issued during 2009 shall be emblematic of one of the
                    following: The District of Columbia, the Commonwealth
                    of Puerto Rico, Guam, American Samoa, the United States
                    Virgin Islands, and the Commonwealth of the Northern
                    Mariana Islands.
                        ``(3) Selection of design.--
                                ``(A) In general.--Each of the 6 designs
                            required under this subsection for quarter
                            dollars shall be--
                                        ``(i) selected by the Secretary
                                    after consultation with--
                                                ``(I) the chief executive
                                            of the District of Columbia or
                                            the territory being honored, or
                                            such other officials or group
                                            as the chief executive officer
                                            of the District of Columbia or
                                            the territory may designate for
                                            such purpose; and
                                                ``(II) the Commission of
                                            Fine Arts; and
                                                ``(ii) reviewed by the
                                            Citizens Coinage Advisory
                                            Committee.
                                ``(B) Selection and approval process.--
                            Designs for quarter dollars may be submitted in
                            accordance with the design selection and
                            approval process developed by the Secretary in
                            the sole discretion of the Secretary.
                                ``(C) Participation.--The Secretary may
                            include participation by District or
                            territorial officials, artists from the
                            District of Columbia or the territory,
                            engravers of the United States Mint, and
                            members of the general public.
                                ``(D) Standards.--Because it is important
                            that the Nation's coinage and currency bear
                            dignified designs of which the citizens of the
                            United States can be proud, the Secretary shall
                            not select any frivolous or inappropriate
                            design for any quarter dollar minted under this
                            subsection.
                                ``(E) Prohibition on certain
                            representations.--No head and shoulders
                            portrait or bust of any person, living or dead,
                            and no portrait of a living person may be
                            included in the design of any quarter dollar
                            under this subsection.
                ``(4) Treatment as numismatic items.--For purposes of
            sections 5134 and 5136, all coins minted under this subsection
            shall be considered to be numismatic items.
                ``(5) Issuance.--
                        ``(A) Quality of coins.--The Secretary may mint and
                    issue such number of quarter dollars of each design
                    selected under paragraph (4) in uncirculated and proof
                    qualities as the Secretary determines to be
                    appropriate.
                        ``(B) Silver coins.--Notwithstanding subsection
                    (b), the Secretary may mint and issue such number of
                    quarter dollars of each design selected under paragraph
                    (4) as the Secretary determines to be appropriate, with
                    a content of 90 percent silver and 10 percent copper.
                        ``(C) Timing and order of issuance.--Coins minted
                    under this subsection honoring the District of Columbia
                    and each of the territories shall be issued in equal
                    sequential intervals during 2009 in the following
                    order: the District of Columbia, the Commonwealth of
                    Puerto Rico, Guam, American Samoa, the United States
                    Virgin Islands, and the Commonwealth of the Northern
                    Mariana Islands.
                ``(6) Other provisions.--
                        ``(A) Application in event of admission as a
                    state.--If the District of Columbia or any territory
                    becomes a State before the end of the 10-year period
                    referred to in subsection (l)(1), subsection (l)(7)
                    shall apply, and this subsection shall not apply, with
                    respect to such State.
                        ``(B) Application in event of independence.--If any
                    territory becomes independent or otherwise ceases to be
                    a territory or possession of the United States before
                    quarter dollars bearing designs which are emblematic of
                    such territory are minted pursuant to this subsection,
                    this subsection shall cease to apply with respect to
                    such territory.
                ``(7) Territory defined.--For purposes of this subsection,
            the term `territory' means the Commonwealth of Puerto Rico,
            Guam, American Samoa, the United States Virgin Islands, and the
            Commonwealth of the Northern Mariana Islands.''.
        Sec. 623. (a) In General.--Section 5112(n)(2) of title 31, United
    States Code, is amended--
                (1) in subparagraph (C)(i)--
                        (A) by striking ``inscriptions'' and inserting
                    ``inscription''; and
                        (B) by striking ``and `In God We Trust'''; and
                (2) by adding at the end the following new subparagraph:
                        ``(F) Inscription of `in god we trust'.--The design
                    on the obverse or the reverse shall bear the
                    inscription `In God We Trust'.''.
        (b) Conforming Amendment.--Section 5112(r)(2) of title 31, United
    States Code, is amended--
                (1) in subparagraph (C)(i)--
                        (A) by striking ``inscriptions'' and inserting
                    ``inscription''; and
                        (B) by striking ``and `In God We Trust'''; and
                (2) by adding at the end the following new subparagraph:
                        ``(E) Inscription of `in god we trust'.--The design
                    on the obverse or the reverse shall bear the
                    inscription `In God We Trust'.''.
        (c) Effective Date.--The change required by the amendments made by
    subsections (a) and (b) shall be put into effect by the Secretary of
    the Treasury as soon as is practicable after the date of enactment of
    this Act.
        Sec. 624. There is hereby appropriated $600,000, to remain
    available until expended, for the Christopher Columbus Fellowship
    Foundation, established by Section 423 of Public Law 102-281.

                                   TITLE VII

                      GENERAL PROVISIONS--GOVERNMENT-WIDE

                    Departments, Agencies, and Corporations

        Sec. 701. Hereafter, funds appropriated in this or any other Act
    may be used to pay travel to the United States for the immediate family
    of employees serving abroad in cases of death or life threatening
    illness of said employee.
        Sec. 702. No department, agency, or instrumentality of the United
    States receiving appropriated funds under this or any other Act for
    fiscal year 2008 shall obligate or expend any such funds, unless such
    department, agency, or instrumentality has in place, and will continue
    to administer in good faith, a written policy designed to ensure that
    all of its workplaces are free from the illegal use, possession, or
    distribution of controlled substances (as defined in the Controlled
    Substances Act (21 U.S.C. 802)) by the officers and employees of such
    department, agency, or instrumentality.
        Sec. 703. Unless otherwise specifically provided, the maximum
    amount allowable during the current fiscal year in accordance with
    section 16 of the Act of August 2, 1946 (60 Stat. 810), for the
    purchase of any passenger motor vehicle (exclusive of buses,
    ambulances, law enforcement, and undercover surveillance vehicles), is
    hereby fixed at $12,888 except station wagons for which the maximum
    shall be $13,312: Provided, That these limits may be exceeded by not to
    exceed $3,700 for police-type vehicles, and by not to exceed $4,000 for
    special heavy-duty vehicles: Provided further, That the limits set
    forth in this section may not be exceeded by more than 5 percent for
    electric or hybrid vehicles purchased for demonstration under the
    provisions of the Electric and Hybrid Vehicle Research, Development,
    and Demonstration Act of 1976: Provided further, That the limits set
    forth in this section may be exceeded by the incremental cost of clean
    alternative fuels vehicles acquired pursuant to Public Law 101-549 over
    the cost of comparable conventionally fueled vehicles.
        Sec. 704. Appropriations of the executive departments and
    independent establishments for the current fiscal year available for
    expenses of travel, or for the expenses of the activity concerned, are
    hereby made available for quarters allowances and cost-of-living
    allowances, in accordance with 5 U.S.C. 5922-5924.
        Sec. 705. Unless otherwise specified during the current fiscal
    year, no part of any appropriation contained in this or any other Act
    shall be used to pay the compensation of any officer or employee of the
    Government of the United States (including any agency the majority of
    the stock of which is owned by the Government of the United States)
    whose post of duty is in the continental United States unless such
    person: (1) is a citizen of the United States; (2) is a person in the
    service of the United States on the date of the enactment of this Act
    who, being eligible for citizenship, has filed a declaration of
    intention to become a citizen of the United States prior to such date
    and is actually residing in the United States; (3) is a person who owes
    allegiance to the United States; (4) is an alien from Cuba, Poland,
    South Vietnam, the countries of the former Soviet Union, or the Baltic
    countries lawfully admitted to the United States for permanent
    residence; (5) is a South Vietnamese, Cambodian, or Laotian refugee
    paroled in the United States after January 1, 1975; or (6) is a
    national of the People's Republic of China who qualifies for adjustment
    of status pursuant to the Chinese Student Protection Act of 1992
    (Public Law 102-404): Provided, That for the purpose of this section,
    an affidavit signed by any such person shall be considered prima facie
    evidence that the requirements of this section with respect to his or
    her status have been complied with: Provided further, That any person
    making a false affidavit shall be guilty of a felony, and, upon
    conviction, shall be fined no more than $4,000 or imprisoned for not
    more than 1 year, or both: Provided further, That the above penal
    clause shall be in addition to, and not in substitution for, any other
    provisions of existing law: Provided further, That any payment made to
    any officer or employee contrary to the provisions of this section
    shall be recoverable in action by the Federal Government. This section
    shall not apply to citizens of Ireland, Israel, or the Republic of the
    Philippines, or to nationals of those countries allied with the United
    States in a current defense effort, or to international broadcasters
    employed by the Broadcasting Board of Governors, or to temporary
    employment of translators, or to temporary employment in the field
    service (not to exceed 60 days) as a result of emergencies.
        Sec. 706. Appropriations available to any department or agency
    during the current fiscal year for necessary expenses, including
    maintenance or operating expenses, shall also be available for payment
    to the General Services Administration for charges for space and
    services and those expenses of renovation and alteration of buildings
    and facilities which constitute public improvements performed in
    accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
    Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
    law.
        Sec. 707. In addition to funds provided in this or any other Act,
    all Federal agencies are authorized to receive and use funds resulting
    from the sale of materials, including Federal records disposed of
    pursuant to a records schedule recovered through recycling or waste
    prevention programs. Such funds shall be available until expended for
    the following purposes:
                (1) Acquisition, waste reduction and prevention, and
            recycling programs as described in Executive Order No. 13101
            (September 14, 1998), including any such programs adopted prior
            to the effective date of the Executive order.
                (2) Other Federal agency environmental management programs,
            including, but not limited to, the development and
            implementation of hazardous waste management and pollution
            prevention programs.
                (3) Other employee programs as authorized by law or as
            deemed appropriate by the head of the Federal agency.
        Sec. 708. Funds made available by this or any other Act for
    administrative expenses in the current fiscal year of the corporations
    and agencies subject to chapter 91 of title 31, United States Code,
    shall be available, in addition to objects for which such funds are
    otherwise available, for rent in the District of Columbia; services in
    accordance with 5 U.S.C. 3109; and the objects specified under this
    head, all the provisions of which shall be applicable to the
    expenditure of such funds unless otherwise specified in the Act by
    which they are made available: Provided, That in the event any
    functions budgeted as administrative expenses are subsequently
    transferred to or paid from other funds, the limitations on
    administrative expenses shall be correspondingly reduced.
        Sec. 709. Hereafter, no part of any appropriation contained in this
    or any other Act shall be paid to any person for the filling of any
    position for which he or she has been nominated after the Senate has
    voted not to approve the nomination of said person.
        Sec. 710. No part of any appropriation contained in this or any
    other Act shall be available for interagency financing of boards
    (except Federal Executive Boards), commissions, councils, committees,
    or similar groups (whether or not they are interagency entities) which
    do not have a prior and specific statutory approval to receive
    financial support from more than one agency or instrumentality.
        Sec. 711. None of the funds made available pursuant to the
    provisions of this Act shall be used to implement, administer, or
    enforce any regulation which has been disapproved pursuant to a joint
    resolution duly adopted in accordance with the applicable law of the
    United States.
        Sec. 712. (a) Notwithstanding any other provision of law, and
    except as otherwise provided in this section, no part of any of the
    funds appropriated for fiscal year 2008, by this or any other Act, may
    be used to pay any prevailing rate employee described in section
    5342(a)(2)(A) of title 5, United States Code--
                (1) during the period from the date of expiration of the
            limitation imposed by the comparable section for previous
            fiscal years until the normal effective date of the applicable
            wage survey adjustment that is to take effect in fiscal year
            2008, in an amount that exceeds the rate payable for the
            applicable grade and step of the applicable wage schedule in
            accordance with such section; and
                (2) during the period consisting of the remainder of fiscal
            year 2008, in an amount that exceeds, as a result of a wage
            survey adjustment, the rate payable under paragraph (1) by more
            than the sum of--
                        (A) the percentage adjustment taking effect in
                    fiscal year 2008 under section 5303 of title 5, United
                    States Code, in the rates of pay under the General
                    Schedule; and
                        (B) the difference between the overall average
                    percentage of the locality-based comparability payments
                    taking effect in fiscal year 2008 under section 5304 of
                    such title (whether by adjustment or otherwise), and
                    the overall average percentage of such payments which
                    was effective in the previous fiscal year under such
                    section.
        (b) Notwithstanding any other provision of law, no prevailing rate
    employee described in subparagraph (B) or (C) of section 5342(a)(2) of
    title 5, United States Code, and no employee covered by section 5348 of
    such title, may be paid during the periods for which subsection (a) is
    in effect at a rate that exceeds the rates that would be payable under
    subsection (a) were subsection (a) applicable to such employee.
        (c) For the purposes of this section, the rates payable to an
    employee who is covered by this section and who is paid from a schedule
    not in existence on September 30, 2007, shall be determined under
    regulations prescribed by the Office of Personnel Management.
        (d) Notwithstanding any other provision of law, rates of premium
    pay for employees subject to this section may not be changed from the
    rates in effect on September 30, 2007, except to the extent determined
    by the Office of Personnel Management to be consistent with the purpose
    of this section.
        (e) This section shall apply with respect to pay for service
    performed after September 30, 2007.
        (f) For the purpose of administering any provision of law
    (including any rule or regulation that provides premium pay,
    retirement, life insurance, or any other employee benefit) that
    requires any deduction or contribution, or that imposes any requirement
    or limitation on the basis of a rate of salary or basic pay, the rate
    of salary or basic pay payable after the application of this section
    shall be treated as the rate of salary or basic pay.
        (g) Nothing in this section shall be considered to permit or
    require the payment to any employee covered by this section at a rate
    in excess of the rate that would be payable were this section not in
    effect.
        (h) The Office of Personnel Management may provide for exceptions
    to the limitations imposed by this section if the Office determines
    that such exceptions are necessary to ensure the recruitment or
    retention of qualified employees.
        Sec. 713. During the period in which the head of any department or
    agency, or any other officer or civilian employee of the Federal
    Government appointed by the President of the United States, holds
    office, no funds may be obligated or expended in excess of $5,000 to
    furnish or redecorate the office of such department head, agency head,
    officer, or employee, or to purchase furniture or make improvements for
    any such office, unless advance notice of such furnishing or
    redecoration is expressly approved by the Committees on Appropriations.
    For the purposes of this section, the term ``office'' shall include the
    entire suite of offices assigned to the individual, as well as any
    other space used primarily by the individual or the use of which is
    directly controlled by the individual.
        Sec. 714. Notwithstanding section 1346 of title 31, United States
    Code, or section 710 of this Act, funds made available for the current
    fiscal year by this or any other Act shall be available for the
    interagency funding of national security and emergency preparedness
    telecommunications initiatives which benefit multiple Federal
    departments, agencies, or entities, as provided by Executive Order No.
    12472 (April 3, 1984).
        Sec. 715. (a) None of the funds appropriated by this or any other
    Act may be obligated or expended by any Federal department, agency, or
    other instrumentality for the salaries or expenses of any employee
    appointed to a position of a confidential or policy-determining
    character excepted from the competitive service pursuant to section
    3302 of title 5, United States Code, without a certification to the
    Office of Personnel Management from the head of the Federal department,
    agency, or other instrumentality employing the Schedule C appointee
    that the Schedule C position was not created solely or primarily in
    order to detail the employee to the White House.
        (b) The provisions of this section shall not apply to Federal
    employees or members of the armed services detailed to or from--
                (1) the Central Intelligence Agency;
                (2) the National Security Agency;
                (3) the Defense Intelligence Agency;
                (4) the offices within the Department of Defense for the
            collection of specialized national foreign intelligence through
            reconnaissance programs;
                (5) the Bureau of Intelligence and Research of the
            Department of State;
                (6) any agency, office, or unit of the Army, Navy, Air
            Force, and Marine Corps, the Department of Homeland Security,
            the Federal Bureau of Investigation and the Drug Enforcement
            Administration of the Department of Justice, the Department of
            Transportation, the Department of the Treasury, and the
            Department of Energy performing intelligence functions; and
                (7) the Director of National Intelligence or the Office of
            the Director of National Intelligence.
        Sec. 716. Hereafter, no department, agency, or instrumentality of
    the United States receiving appropriated funds under this or any other
    Act shall obligate or expend any such funds, unless such department,
    agency, or instrumentality has in place, and will continue to
    administer in good faith, a written policy designed to ensure that all
    of its workplaces are free from discrimination and sexual harassment
    and that all of its workplaces are not in violation of title VII of the
    Civil Rights Act of 1964 (Public Law 88-352, 78 Stat. 241), the Age
    Discrimination in Employment Act of 1967 (Public Law 90-202, 81 Stat.
    602), and the Rehabilitation Act of 1973 (Public Law 93-112, 87 Stat.
    355).
        Sec. 717. No part of any appropriation contained in this or any
    other Act shall be available for the payment of the salary of any
    officer or employee of the Federal Government, who--
                (1) prohibits or prevents, or attempts or threatens to
            prohibit or prevent, any other officer or employee of the
            Federal Government from having any direct oral or written
            communication or contact with any Member, committee, or
            subcommittee of the Congress in connection with any matter
            pertaining to the employment of such other officer or employee
            or pertaining to the department or agency of such other officer
            or employee in any way, irrespective of whether such
            communication or contact is at the initiative of such other
            officer or employee or in response to the request or inquiry of
            such Member, committee, or subcommittee; or
                (2) removes, suspends from duty without pay, demotes,
            reduces in rank, seniority, status, pay, or performance or
            efficiency rating, denies promotion to, relocates, reassigns,
            transfers, disciplines, or discriminates in regard to any
            employment right, entitlement, or benefit, or any term or
            condition of employment of, any other officer or employee of
            the Federal Government, or attempts or threatens to commit any
            of the foregoing actions with respect to such other officer or
            employee, by reason of any communication or contact of such
            other officer or employee with any Member, committee, or
            subcommittee of the Congress as described in paragraph (1).
        Sec. 718. (a) None of the funds made available in this or any other
    Act may be obligated or expended for any employee training that--
                (1) does not meet identified needs for knowledge, skills,
            and abilities bearing directly upon the performance of official
            duties;
                (2) contains elements likely to induce high levels of
            emotional response or psychological stress in some
            participants;
                (3) does not require prior employee notification of the
            content and methods to be used in the training and written end
            of course evaluation;
                (4) contains any methods or content associated with
            religious or quasi-religious belief systems or ``new age''
            belief systems as defined in Equal Employment Opportunity
            Commission Notice N-915.022, dated September 2, 1988; or
                (5) is offensive to, or designed to change, participants'
            personal values or lifestyle outside the workplace.
        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 719. No funds appropriated in this or any other Act may be
    used to implement or enforce the agreements in Standard Forms 312 and
    4414 of the Government or any other nondisclosure policy, form, or
    agreement if such policy, form, or agreement does not contain the
    following provisions: ``These restrictions are consistent with and do
    not supersede, conflict with, or otherwise alter the employee
    obligations, rights, or liabilities created by Executive Order No.
    12958; section 7211 of title 5, United States Code (governing
    disclosures to Congress); section 1034 of title 10, United States Code,
    as amended by the Military Whistleblower Protection Act (governing
    disclosure to Congress by members of the military); section 2302(b)(8)
    of title 5, United States Code, as amended by the Whistleblower
    Protection Act (governing disclosures of illegality, waste, fraud,
    abuse or public health or safety threats); the Intelligence Identities
    Protection Act of 1982 (50 U.S.C. 421 et seq.) (governing disclosures
    that could expose confidential Government agents); and the statutes
    which protect against disclosure that may compromise the national
    security, including sections 641, 793, 794, 798, and 952 of title 18,
    United States Code, and section 4(b) of the Subversive Activities Act
    of 1950 (50 U.S.C. 783(b)). The definitions, requirements, obligations,
    rights, sanctions, and liabilities created by said Executive order and
    listed statutes are incorporated into this agreement and are
    controlling.'': Provided, That notwithstanding the preceding paragraph,
    a nondisclosure policy form or agreement that is to be executed by a
    person connected with the conduct of an intelligence or intelligence-
    related activity, other than an employee or officer of the United
    States Government, may contain provisions appropriate to the particular
    activity for which such document is to be used. Such form or agreement
    shall, at a minimum, require that the person will not disclose any
    classified information received in the course of such activity unless
    specifically authorized to do so by the United States Government. Such
    nondisclosure forms shall also make it clear that they do not bar
    disclosures to Congress, or to an authorized official of an executive
    agency or the Department of Justice, that are essential to reporting a
    substantial violation of law.
        Sec. 720. No part of any funds appropriated in this or any other
    Act shall be used by an agency of the executive branch, other than for
    normal and recognized executive-legislative relationships, for
    publicity or propaganda purposes, and for the preparation, distribution
    or use of any kit, pamphlet, booklet, publication, radio, television,
    or film presentation designed to support or defeat legislation pending
    before the Congress, except in presentation to the Congress itself.
        Sec. 721. None of the funds appropriated by this or any other Act
    may be used by an agency to provide a Federal employee's home address
    to any labor organization except when the employee has authorized such
    disclosure or when such disclosure has been ordered by a court of
    competent jurisdiction.
        Sec. 722. None of the funds made available in this Act or any other
    Act may be used to provide any non-public information such as mailing
    or telephone lists to any person or any organization outside of the
    Federal Government without the approval of the Committees on
    Appropriations.
        Sec. 723. No part of any appropriation contained in this or any
    other Act shall be used directly or indirectly, including by private
    contractor, for publicity or propaganda purposes within the United
    States not heretofor authorized by the Congress.
        Sec. 724. (a) In this section, the term ``agency''--
                (1) means an Executive agency, as defined under section 105
            of title 5, United States Code;
                (2) includes a military department, as defined under
            section 102 of such title, the Postal Service, and the Postal
            Regulatory Commission; and
                (3) shall not include the Government Accountability Office.
        (b) Unless authorized in accordance with law or regulations to use
    such time for other purposes, an employee of an agency shall use
    official time in an honest effort to perform official duties. An
    employee not under a leave system, including a Presidential appointee
    exempted under section 6301(2) of title 5, United States Code, has an
    obligation to expend an honest effort and a reasonable proportion of
    such employee's time in the performance of official duties.
        Sec. 725. Notwithstanding 31 U.S.C. 1346 and section 710 of this
    Act, funds made available for the current fiscal year by this or any
    other Act to any department or agency, which is a member of the Federal
    Accounting Standards Advisory Board (FASAB), shall be available to
    finance an appropriate share of FASAB administrative costs.
        Sec. 726. Notwithstanding 31 U.S.C. 1346 and section 710 of this
    Act, the head of each Executive department and agency is hereby
    authorized to transfer to or reimburse ``General Services
    Administration, Government-wide Policy'' with the approval of the
    Director of the Office of Management and Budget, funds made available
    for the current fiscal year by this or any other Act, including rebates
    from charge card and other contracts: Provided, That these funds shall
    be administered by the Administrator of General Services to support
    Government-wide financial, information technology, procurement, and
    other management innovations, initiatives, and activities, as approved
    by the Director of the Office of Management and Budget, in consultation
    with the appropriate interagency groups designated by the Director
    (including the President's Management Council for overall management
    improvement initiatives, the Chief Financial Officers Council for
    financial management initiatives, the Chief Information Officers
    Council for information technology initiatives, the Chief Human Capital
    Officers Council for human capital initiatives, and the Chief
    Acquisition Officers Council for procurement initiatives): Provided
    further, That the total funds transferred or reimbursed shall not
    exceed $10,000,000: Provided further, That such transfers or
    reimbursements may only be made after 15 days following notification of
    the Committees on Appropriations by the Director of the Office of
    Management and Budget.
        Sec. 727. Notwithstanding any other provision of law, a woman may
    breastfeed her child at any location in a Federal building or on
    Federal property, if the woman and her child are otherwise authorized
    to be present at the location.
        Sec. 728. Notwithstanding section 1346 of title 31, United States
    Code, or section 710 of this Act, funds made available for the current
    fiscal year by this or any other Act shall be available for the
    interagency funding of specific projects, workshops, studies, and
    similar efforts to carry out the purposes of the National Science and
    Technology Council (authorized by Executive Order No. 12881), which
    benefit multiple Federal departments, agencies, or entities: Provided,
    That the Office of Management and Budget shall provide a report
    describing the budget of and resources connected with the National
    Science and Technology Council to the Committees on Appropriations, the
    House Committee on Science, and the Senate Committee on Commerce,
    Science, and Transportation 90 days after enactment of this Act.
        Sec. 729. Any request for proposals, solicitation, grant
    application, form, notification, press release, or other publications
    involving the distribution of Federal funds shall indicate the agency
    providing the funds, the Catalog of Federal Domestic Assistance Number,
    as applicable, and the amount provided: Provided, That this provision
    shall apply to direct payments, formula funds, and grants received by a
    State receiving Federal funds.
        Sec. 730. Section 403(f) of the Government Management Reform Act of
    1994 (31 U.S.C. 501 note; Public Law 103-356) is amended to read as
    follows:
        ``(f) Termination of Certain Authority.--The authority of the
    Secretary of Homeland Security to carry out a pilot program under this
    section shall terminate on October 1, 2008.''.
        Sec. 731. (a) Prohibition of Federal Agency Monitoring of
    Individuals' Internet Use.--None of the funds made available in this or
    any other Act may be used by any Federal agency--
                (1) to collect, review, or create any aggregation of data,
            derived from any means, that includes any personally
            identifiable information relating to an individual's access to
            or use of any Federal Government Internet site of the agency;
            or
                (2) to enter into any agreement with a third party
            (including another government agency) to collect, review, or
            obtain any aggregation of data, derived from any means, that
            includes any personally identifiable information relating to an
            individual's access to or use of any nongovernmental Internet
            site.
        (b) Exceptions.--The limitations established in subsection (a)
    shall not apply to--
                (1) any record of aggregate data that does not identify
            particular persons;
                (2) any voluntary submission of personally identifiable
            information;
                (3) any action taken for law enforcement, regulatory, or
            supervisory purposes, in accordance with applicable law; or
                (4) any action described in subsection (a)(1) that is a
            system security action taken by the operator of an Internet
            site and is necessarily incident to providing the Internet site
            services or to protecting the rights or property of the
            provider of the Internet site.
        (c) Definitions.--For the purposes of this section:
                (1) The term ``regulatory'' means agency actions to
            implement, interpret or enforce authorities provided in law.
                (2) The term ``supervisory'' means examinations of the
            agency's supervised institutions, including assessing safety
            and soundness, overall financial condition, management
            practices and policies and compliance with applicable standards
            as provided in law.
        Sec. 732. (a) None of the funds appropriated by this Act may be
    used to enter into or renew a contract which includes a provision
    providing prescription drug coverage, except where the contract also
    includes a provision for contraceptive coverage.
        (b) Nothing in this section shall apply to a contract with--
                (1) any of the following religious plans:
                        (A) Personal Care's HMO; and
                        (B) OSF HealthPlans, Inc.; and
                (2) any existing or future plan, if the carrier for the
            plan objects to such coverage on the basis of religious
            beliefs.
        (c) In implementing this section, any plan that enters into or
    renews a contract under this section may not subject any individual to
    discrimination on the basis that the individual refuses to prescribe or
    otherwise provide for contraceptives because such activities would be
    contrary to the individual's religious beliefs or moral convictions.
        (d) Nothing in this section shall be construed to require coverage
    of abortion or abortion-related services.
        Sec. 733. The Congress of the United States recognizes the United
    States Anti-Doping Agency (USADA) as the official anti-doping agency
    for Olympic, Pan American, and Paralympic sport in the United States.
        Sec. 734. Notwithstanding any other provision of law, funds
    appropriated for official travel by Federal departments and agencies
    may be used by such departments and agencies, if consistent with Office
    of Management and Budget Circular A-126 regarding official travel for
    Government personnel, to participate in the fractional aircraft
    ownership pilot program.
        Sec. 735. Notwithstanding any other provision of law, none of the
    funds appropriated or made available under this Act or any other
    appropriations Act may be used to implement or enforce restrictions or
    limitations on the Coast Guard Congressional Fellowship Program, or to
    implement the proposed regulations of the Office of Personnel
    Management to add sections 300.311 through 300.316 to part 300 of title
    5 of the Code of Federal Regulations, published in the Federal
    Register, volume 68, number 174, on September 9, 2003 (relating to the
    detail of executive branch employees to the legislative branch).
        Sec. 736. Notwithstanding any other provision of law, no executive
    branch agency shall purchase, construct, and/or lease any additional
    facilities, except within or contiguous to existing locations, to be
    used for the purpose of conducting Federal law enforcement training
    without the advance approval of the Committees on Appropriations,
    except that the Federal Law Enforcement Training Center is authorized
    to obtain the temporary use of additional facilities by lease,
    contract, or other agreement for training which cannot be accommodated
    in existing Center facilities.
        Sec. 737. (a) For fiscal year 2008, no funds shall be available for
    transfers or reimbursements to the E-Government initiatives sponsored
    by the Office of Management and Budget prior to 15 days following
    submission of a report to the Committees on Appropriations by the
    Director of the Office of Management and Budget and receipt of approval
    to transfer funds by the House and Senate Committees on Appropriations.
        (b) Hereafter, any funding request for a new or ongoing E-
    Government initiative by any agency or agencies managing the
    development of an initiative shall include in justification materials
    submitted to the House and Senate Committees on Appropriations the
    information in subsection (d).
        (c) Hereafter, any funding request by any agency or agencies
    participating in the development of an E-Government initiative and
    contributing funding for the initiative shall include in justification
    materials submitted to the House and Senate Committees on
    Appropriations--
                (1) the amount of funding contributed to each initiative by
            program office, bureau, or activity, as appropriate; and
                (2) the relevance of that use to that department or agency
            and each bureau or office within, which is contributing funds.
        (d) The report in (a) and justification materials in (b) shall
    include at a minimum--
                (1) a description of each initiative including but not
            limited to its objectives, benefits, development status, risks,
            cost effectiveness (including estimated net costs or savings to
            the government), and the estimated date of full operational
            capability;
                (2) the total development cost of each initiative by fiscal
            year including costs to date, the estimated costs to complete
            its development to full operational capability, and estimated
            annual operations and maintenance costs; and
                (3) the sources and distribution of funding by fiscal year
            and by agency and bureau for each initiative including agency
            contributions to date and estimated future contributions by
            agency.
        (e) No funds shall be available for obligation or expenditure for
    new E-Government initiatives without the explicit approval of the House
    and Senate Committees on Appropriations.
        Sec. 738. Notwithstanding section 1346 of title 31, United States
    Code, and section 710 of this Act and any other provision of law, the
    head of each appropriate executive department and agency shall transfer
    to or reimburse the Federal Aviation Administration, upon the direction
    of the Director of the Office of Management and Budget, funds made
    available by this or any other Act for the purposes described below,
    and shall submit budget requests for such purposes. These funds shall
    be administered by the Federal Aviation Administration, in consultation
    with the appropriate interagency groups designated by the Director and
    shall be used to ensure the uninterrupted, continuous operation of the
    Midway Atoll Airfield by the Federal Aviation Administration pursuant
    to an operational agreement with the Department of the Interior for the
    entirety of fiscal year 2008 and any period thereafter that precedes
    the enactment of the Financial Services and General Government
    Appropriations Act, 2009. The Director of the Office of Management and
    Budget shall mandate the necessary transfers after determining an
    equitable allocation between the appropriate executive departments and
    agencies of the responsibility for funding the continuous operation of
    the Midway Atoll Airfield based on, but not limited to, potential use,
    interest in maintaining aviation safety, and applicability to
    governmental operations and agency mission. The total funds transferred
    or reimbursed shall not exceed $6,000,000 for any twelve-month period.
    Such sums shall be sufficient to ensure continued operation of the
    airfield throughout the period cited above. Funds shall be available
    for operation of the airfield or airfield-related capital upgrades. The
    Director of the Office of Management and Budget shall notify the
    Committees on Appropriations of such transfers or reimbursements within
    15 days of this Act. Such transfers or reimbursements shall begin
    within 30 days of enactment of this Act.
        Sec. 739. (a) Requirement for Public-Private Competition.--
                (1) Notwithstanding any other provision of law, none of the
            funds appropriated by this or any other Act shall be available
            to convert to contractor performance an activity or function of
            an executive agency that, on or after the date of enactment of
            this Act, is performed by more than 10 Federal employees
            unless--
                        (A) the conversion is based on the result of a
                    public-private competition that includes a most
                    efficient and cost effective organization plan
                    developed by such activity or function;
                        (B) the Competitive Sourcing Official determines
                    that, over all performance periods stated in the
                    solicitation of offers for performance of the activity
                    or function, the cost of performance of the activity or
                    function by a contractor would be less costly to the
                    executive agency by an amount that equals or exceeds
                    the lesser of--
                                (i) 10 percent of the most efficient
                            organization's personnel-related costs for
                            performance of that activity or function by
                            Federal employees; or
                                (ii) $10,000,000; and
                        (C) the contractor does not receive an advantage
                    for a proposal that would reduce costs for the Federal
                    Government by--
                                (i) not making an employer-sponsored health
                            insurance plan available to the workers who are
                            to be employed in the performance of that
                            activity or function under the contract;
                                (ii) offering to such workers an employer-
                            sponsored health benefits plan that requires
                            the employer to contribute less towards the
                            premium or subscription share than the amount
                            that is paid by the Federal Government for
                            health benefits for civilian employees under
                            chapter 89 of title 5, United States Code; or
                                (iii) offering to such workers a retirement
                            benefit that in any year costs less than the
                            annual retirement cost factor applicable to
                            Federal employees under chapter 84 of title 5,
                            United States Code.
                (2) This paragraph shall not apply to--
                        (A) the Department of Defense;
                        (B) section 44920 of title 49, United States Code;
                        (C) a commercial or industrial type function that--
                                (i) is included on the procurement list
                            established pursuant to section 2 of the
                            Javits-Wagner-O'Day Act (41 U.S.C. 47); or
                                (ii) is planned to be converted to
                            performance by a qualified nonprofit agency for
                            the blind or by a qualified nonprofit agency
                            for other severely handicapped individuals in
                            accordance with that Act;
                        (D) depot contracts or contracts for depot
                    maintenance as provided in sections 2469 and 2474 of
                    title 10, United States Code; or
                        (E) activities that are the subject of an ongoing
                    competition that was publicly announced prior to the
                    date of enactment of this Act.
        (b) Use of Public-Private Competition.--Nothing in Office of
    Management and Budget Circular A-76 shall prevent the head of an
    executive agency from conducting a public-private competition to
    evaluate the benefits of converting work from contract performance to
    performance by Federal employees in appropriate instances. The Circular
    shall provide procedures and policies for these competitions that are
    similar to those applied to competitions that may result in the
    conversion of work from performance by Federal employees to performance
    by a contractor.
        (c) Bid Protests by Federal Employees in Actions Under Office of
    Management and Budget Circular A-76.--
                (1) Eligibility to protest.--
                        (A) Section 3551(2) of title 31, United States
                    Code, is amended to read as follows:
                ``(2) The term `interested party'--
                        ``(A) with respect to a contract or a solicitation
                    or other request for offers described in paragraph (1),
                    means an actual or prospective bidder or offeror whose
                    direct economic interest would be affected by the award
                    of the contract or by failure to award the contract;
                    and
                        ``(B) with respect to a public-private competition
                    conducted under Office of Management and Budget
                    Circular A-76 regarding performance of an activity or
                    function of a Federal agency, or a decision to convert
                    a function performed by Federal employees to private
                    sector performance without a competition under OMB
                    Circular A-76, includes--
                                ``(i) any official who submitted the agency
                            tender in such competition; and
                                ``(ii) any one person who, for the purpose
                            of representing them in a protest under this
                            subchapter that relates to such competition,
                            has been designated as their agent by a
                            majority of the employees of such Federal
                            agency who are engaged in the performance of
                            such activity or function.''.
                        (B)(i) Subchapter V of chapter 35 of such title is
                    amended by adding at the end the following new section:
    ``Sec. 3557. Expedited action in protests for public-private
                  competitions
        ``For protests in cases of public-private competitions conducted
    under Office of Management and Budget Circular A-76 regarding
    performance of an activity or function of Federal agencies, the
    Comptroller General shall administer the provisions of this subchapter
    in a manner best suited for expediting final resolution of such
    protests and final action in such competitions.''.
                        (ii) The chapter analysis at the beginning of such
                    chapter is amended by inserting after the item relating
                    to section 3556 the following new item:

    ``3557. Expedited action in protests for public-private competitions''.
                (2) Right to intervene in civil action.--Section 1491(b) of
            title 28, United States Code, is amended by adding at the end
            the following new paragraph:
        ``(5) If a private sector interested party commences an action
    described in paragraph (1) in the case of a public-private competition
    conducted under Office of Management and Budget Circular A-76 regarding
    performance of an activity or function of a Federal agency, or a
    decision to convert a function performed by Federal employees to
    private sector performance without a competition under Office of
    Management and Budget Circular A-76, then an official or person
    described in section 3551(2)(B) of title 31 shall be entitled to
    intervene in that action.''.
                (3) Applicability.--Subparagraph (B) of section 3551(2) of
            title 31, United States Code (as added by paragraph (1)), and
            paragraph (5) of section 1491(b) of title 28, United States
            Code (as added by paragraph (2)), shall apply to--
                        (A) protests and civil actions that challenge final
                    selections of sources of performance of an activity or
                    function of a Federal agency that are made pursuant to
                    studies initiated under Office of Management and Budget
                    Circular A-76 on or after January 1, 2004; and
                        (B) any other protests and civil actions that
                    relate to public-private competitions initiated under
                    Office of Management and Budget Circular A-76, or a
                    decision to convert a function performed by Federal
                    employees to private sector performance without a
                    competition under Office of Management and Budget
                    Circular A-76, on or after the date of the enactment of
                    this Act.
        (d) Limitation.--(1) None of the funds available in this Act may be
    used--
                (A) by the Office of Management and Budget to direct or
            require another agency to take an action specified in paragraph
            (2); or
                (B) by an agency to take an action specified in paragraph
            (2) as a result of direction or requirement from the Office of
            Management and Budget.
        (2) An action specified in this paragraph is the preparation for,
    undertaking, continuation of, or completion of a public-private
    competition or direct conversion under Office of Management and Budget
    Circular A-76 or any other administrative regulation, directive, or
    policy.
        (e) Applicability.--This section shall apply with respect to fiscal
    year 2008 and each succeeding fiscal year.
        Sec. 740. (a) The adjustment in rates of basic pay for employees
    under the statutory pay systems that takes effect in fiscal year 2008
    under sections 5303 and 5304 of title 5, United States Code, shall be
    an increase of 3.5 percent, and this adjustment shall apply to civilian
    employees in the Department of Homeland Security and shall apply to
    civilian employees in the Department of Defense who are represented by
    a labor organization as defined in 5 U.S.C. 7103(a)(4), and such
    adjustments shall be effective as of the first day of the first
    applicable pay period beginning on or after January 1, 2008. Civilian
    employees in the Department of Defense who are eligible to be
    represented by a labor organization as defined in 5 U.S.C. 7103(a)(4),
    but are not so represented, will receive the adjustment provided for in
    this section unless the positions are entitled to a pay adjustment
    under 5 U.S.C. 9902.
        (b) Notwithstanding section 712 of this Act, the adjustment in
    rates of basic pay for the statutory pay systems that take place in
    fiscal year 2008 under sections 5344 and 5348 of title 5, United States
    Code, shall be no less than the percentage in paragraph (a) as
    employees in the same location whose rates of basic pay are adjusted
    pursuant to the statutory pay systems under section 5303 and 5304 of
    title 5, United States Code. Prevailing rate employees at locations
    where there are no employees whose pay is increased pursuant to
    sections 5303 and 5304 of title 5 and prevailing rate employees
    described in section 5343(a)(5) of title 5 shall be considered to be
    located in the pay locality designated as ``Rest of US'' pursuant to
    section 5304 of title 5 for purposes of this paragraph.
        (c) Funds used to carry out this section shall be paid from
    appropriations, which are made to each applicable department or agency
    for salaries and expenses for fiscal year 2008.
        Sec. 741. Unless otherwise authorized by existing law, none of the
    funds provided in this Act or any other Act may be used by an executive
    branch agency to produce any prepackaged news story intended for
    broadcast or distribution in the United States, unless the story
    includes a clear notification within the text or audio of the
    prepackaged news story that the prepackaged news story was prepared or
    funded by that executive branch agency.
        Sec. 742. (a) None of the funds made available in this Act may be
    used in contravention of section 552a of title 5, United States Code
    (popularly known as the Privacy Act) and regulations implementing that
    section.
        (b) Section 522 of division H of the Consolidated Appropriations
    Act, 2005 (Public Law 108-447; 118 Stat. 3268; 5 U.S.C. 552a note) is
    amended by striking subsection (d) and inserting the following:
        ``(d) Inspector General Review.--The Inspector General of each
    agency shall periodically conduct a review of the agency's
    implementation of this section and shall report the results of its
    review to the Committees on Appropriations of the House of
    Representatives and the Senate, the House Committee on Oversight and
    Government Reform, and the Senate Committee on Homeland Security and
    Governmental Affairs. The report required by this review may be
    incorporated into a related report to Congress otherwise required by
    law including, but not limited to, 44 U.S.C. 3545, the Federal
    Information Security Management Act of 2002. The Inspector General may
    contract with an independent, third party organization to conduct the
    review.''.
        Sec. 743. Each executive department and agency shall evaluate the
    creditworthiness of an individual before issuing the individual a
    government travel charge card. Such evaluations for individually-billed
    travel charge cards shall include an assessment of the individual's
    consumer report from a consumer reporting agency as those terms are
    defined in section 603 of the Fair Credit Reporting Act (Public Law 91-
    508): Provided, That section 604(a)(3) of such Act shall be amended by
    adding to the end the following:
                        ``(G) executive departments and agencies in
                    connection with the issuance of government-sponsored
                    individually-billed travel charge cards.'':
    Provided further, That the department or agency may not issue a
    government travel charge card to an individual that either lacks a
    credit history or is found to have an unsatisfactory credit history as
    a result of this evaluation: Provided further, That this restriction
    shall not preclude issuance of a restricted-use charge, debit, or
    stored value card made in accordance with agency procedures to: (1) an
    individual with an unsatisfactory credit history where such card is
    used to pay travel expenses and the agency determines there is no
    suitable alternative payment mechanism available before issuing the
    card; or (2) an individual who lacks a credit history. Each executive
    department and agency shall establish guidelines and procedures for
    disciplinary actions to be taken against agency personnel for improper,
    fraudulent, or abusive use of government charge cards, which shall
    include appropriate disciplinary actions for use of charge cards for
    purposes, and at establishments, that are inconsistent with the
    official business of the Department or agency or with applicable
    standards of conduct.
        Sec. 744. Crosscut Budget. (a) Definitions.--For purposes of this
    section the following definitions apply:
                (1) Great lakes.--The terms ``Great Lakes'' and ``Great
            Lakes State'' have the same meanings as such terms have in
            section 506 of the Water Resources Development Act of 2000 (42
            U.S.C. 1962d-22).
                (2) Great lakes restoration activities.--The term ``Great
            Lakes restoration activities'' means any Federal or State
            activity primarily or entirely within the Great Lakes watershed
            that seeks to improve the overall health of the Great Lakes
            ecosystem.
        (b) Report.--Not later than 30 days after submission of the budget
    of the President to Congress, the Director of the Office of Management
    and Budget, in coordination with the Governor of each Great Lakes State
    and the Great Lakes Interagency Task Force, shall submit to the
    appropriate authorizing and appropriating committees of the Senate and
    the House of Representatives a financial report, certified by the
    Secretary of each agency that has budget authority for Great Lakes
    restoration activities, containing--
                (1) an interagency budget crosscut report that--
                        (A) displays the budget proposed, including any
                    planned interagency or intra-agency transfer, for each
                    of the Federal agencies that carries out Great Lakes
                    restoration activities in the upcoming fiscal year,
                    separately reporting the amount of funding to be
                    provided under existing laws pertaining to the Great
                    Lakes ecosystem; and
                        (B) identifies all expenditures since fiscal year
                    2004 by the Federal Government and State governments
                    for Great Lakes restoration activities;
                (2) a detailed accounting of all funds received and
            obligated by all Federal agencies and, to the extent available,
            State agencies using Federal funds, for Great Lakes restoration
            activities during the current and previous fiscal years;
                (3) a budget for the proposed projects (including a
            description of the project, authorization level, and project
            status) to be carried out in the upcoming fiscal year with the
            Federal portion of funds for activities; and
                (4) a listing of all projects to be undertaken in the
            upcoming fiscal year with the Federal portion of funds for
            activities.
        Sec. 745. (a) In General.--None of the funds appropriated or
    otherwise made available by this or any other Act may be used for any
    Federal Government contract with any foreign incorporated entity which
    is treated as an inverted domestic corporation under section 835(b) of
    the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or any subsidiary
    of such an entity.
        (b) Waivers.--
                (1) In general.--Any Secretary shall waive subsection (a)
            with respect to any Federal Government contract under the
            authority of such Secretary if the Secretary determines that
            the waiver is required in the interest of national security.
                (2) Report to congress.--Any Secretary issuing a waiver
            under paragraph (1) shall report such issuance to Congress.
        (c) Exception.--This section shall not apply to any Federal
    Government contract entered into before the date of the enactment of
    this Act, or to any task order issued pursuant to such contract.
        Sec. 746. (a) Each executive department and agency shall establish
    and maintain on the homepage of its website, an obvious, direct link to
    the website of its respective Inspector General.
        (b) Each Office of Inspector General shall: (1) post on its website
    any public report or audit or portion of any report or audit issued
    within one day of its release; (2) provide a service on its website to
    allow an individual to request automatic receipt of information
    relating to any public report or audit or portion of that report or
    audit and which permits electronic transmittal of the information, or
    notice of the availability of the information without further request;
    and (3) establish and maintain a direct link on its website for
    individuals to anonymously report waste, fraud and abuse.
        Sec. 747. (a) None of the funds available under this or any other
    Act may be used to carry out a public-private competition or direct
    conversion under Office of Management and Budget (OMB) Circular A-76,
    or any successor regulation, directive or policy, relating to the Human
    Resources Lines of Business initiative until 60 days after the Director
    of the Office of Management and Budget submits to the Committees on
    Appropriations of the House of Representatives and the Senate a report
    on the use of public-private competitions and direct conversion to
    contractor performance as part of the Human Resources Lines of Business
    initiative.
        (b) The report required by this section shall address the
    following:
                (1) The role, if any, that public-private competitions
            under Circular A-76 or direct conversions to contractor
            performance are expected to play as part of the Human Resources
            Lines of Business initiative.
                (2) The expected impact, if any, of the initiative on
            employment levels at the Federal agencies involved or across
            the Federal Government as a whole.
                (3) An estimate of the annual and recurring savings the
            initiative is expected to generate and a description of the
            methodology used to derive that estimate.
                (4) An estimate of the total transition costs attributable
            to the initiative.
                (5) Guidance for use by agencies in evaluating the benefits
            of the initiative and in developing alternative strategies
            should expected benefits fail to materialize.
        (c) The Director of the Office of Management and Budget shall
    provide a copy of the report to the Government Accountability Office at
    the same time the report is submitted to the Committees on
    Appropriations of the House of Representatives and the Senate. The
    Government Accountability Office shall review the report and brief the
    Committees on its views concerning the report within 45 days after
    receiving the report from the Director.
        Sec. 748. No later than 180 days after enactment of this Act, the
    Office of Management and Budget shall establish a pilot program to
    develop and implement an inventory to track the cost and size (in
    contractor manpower equivalents) of service contracts, particularly
    with respect to contracts that have been performed poorly by a
    contractor because of excessive costs or inferior quality, as
    determined by a contracting officer within the last five years, involve
    inherently governmental functions, or were undertaken without
    competition. The pilot program shall be established in at least three
    Cabinet-level departments, based on varying levels of annual
    contracting for services, as reported by the Federal Procurement Data
    System's Federal Procurement Report for fiscal year 2005, including at
    least one Cabinet-level department that contracts out annually for
    $10,000,000,000 or more in services, at least one Cabinet-level
    department that contracts out annually for between $5,000,000,000 and
    $9,000,000,000 in services, and at least one Cabinet-level department
    that contracts out annually for under $5,000,000,000 in services.
        Sec. 749. Except as expressly provided otherwise, any reference to
    ``this Act'' contained in any title other than title IV or VIII shall
    not apply to such titles IV or VIII.

                                   TITLE VIII

                    GENERAL PROVISIONS--DISTRICT OF COLUMBIA

        Sec. 801. Whenever in this Act, an amount is specified within an
    appropriation for particular purposes or objects of expenditure, such
    amount, unless otherwise specified, shall be considered as the maximum
    amount that may be expended for said purpose or object rather than an
    amount set apart exclusively therefor.
        Sec. 802. Appropriations in this Act shall be available for
    expenses of travel and for the payment of dues of organizations
    concerned with the work of the District of Columbia government, when
    authorized by the Mayor, or, in the case of the Council of the District
    of Columbia, funds may be expended with the authorization of the
    Chairman of the Council.
        Sec. 803. There are appropriated from the applicable funds of the
    District of Columbia such sums as may be necessary for making refunds
    and for the payment of legal settlements or judgments that have been
    entered against the District of Columbia government.
        Sec. 804. (a) None of the Federal funds provided in this Act shall
    be used for publicity or propaganda purposes or implementation of any
    policy including boycott designed to support or defeat legislation
    pending before Congress or any State legislature.
        (b) The District of Columbia may use local funds provided in this
    title to carry out lobbying activities on any matter.
        Sec. 805. (a) None of the funds provided under this Act to the
    agencies funded by this Act, both Federal and District government
    agencies, 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 expenditures
    for an agency through a reprogramming of funds which--
                (1) creates new programs;
                (2) eliminates a program, project, or responsibility
            center;
                (3) establishes or changes allocations specifically denied,
            limited or increased under this Act;
                (4) increases funds or personnel by any means for any
            program, project, or responsibility center for which funds have
            been denied or restricted;
                (5) reestablishes any program or project previously
            deferred through reprogramming;
                (6) augments any existing program, project, or
            responsibility center through a reprogramming of funds in
            excess of $3,000,000 or 10 percent, whichever is less; or
                (7) increases by 20 percent or more personnel assigned to a
            specific program, project or responsibility center,
    unless in the case of Federal funds, the Committees on Appropriations
    of the House of Representatives and Senate are notified in writing 15
    days in advance of the reprogramming and in the case of local funds,
    the Committees on Appropriations of the House of Representatives and
    Senate are provided summary reports on April 1, 2008 and October 1,
    2008, setting forth detailed information regarding each such local
    funds reprogramming conducted subject to this subsection.
        (b) None the local funds contained in this Act may be available for
    obligation or expenditure for an agency through a transfer of any local
    funds in excess of $3,000,000 from one appropriation heading to another
    unless the Committees on Appropriations of the House of Representatives
    and Senate are provided summary reports on April 1, 2008 and October 1,
    2008, setting forth detailed information regarding each reprogramming
    conducted subject to this subsection, except that in no event may the
    amount of any funds transferred exceed 4 percent of the local funds in
    the appropriations.
        (c) The District of Columbia Government is authorized to approve
    and execute reprogramming and transfer requests of local funds under
    this title through December 1, 2008.
        Sec. 806. Consistent with the provisions of section 1301(a) of
    title 31, United States Code, appropriations under this Act shall be
    applied only to the objects for which the appropriations were made
    except as otherwise provided by law.
        Sec. 807. Notwithstanding section 8344(a) of title 5, United States
    Code, the amendment made by section 2 of the District Government
    Reemployed Annuitant Offset Elimination Amendment Act of 2004 (D.C. Law
    15-207) shall apply with respect to any individual employed in an
    appointive or elective position with the District of Columbia
    government after December 7, 2004.
        Sec. 808. No later than 30 days after the end of the first quarter
    of fiscal year 2008, the Mayor of the District of Columbia shall submit
    to the Council of the District of Columbia and the Committees on
    Appropriations of the House of Representatives and Senate the new
    fiscal year 2008 revenue estimates as of the end of such quarter. These
    estimates shall be used in the budget request for fiscal year 2009. The
    officially revised estimates at midyear shall be used for the midyear
    report.
        Sec. 809. None of the Federal funds provided in this Act may be
    used by the District of Columbia to provide for salaries, expenses, or
    other costs associated with the offices of United States Senator or
    United States Representative under section 4(d) of the District of
    Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
    Law 3-171; D.C. Official Code, sec. 1-123).
        Sec. 810. None of the Federal funds made available in this Act may
    be used to implement or enforce the Health Care Benefits Expansion Act
    of 1992 (D.C. Law 9-114; D.C. Official Code, sec. 32-701 et seq.) or to
    otherwise implement or enforce any system of registration of unmarried,
    cohabiting couples, including but not limited to registration for the
    purpose of extending employment, health, or governmental benefits to
    such couples on the same basis that such benefits are extended to
    legally married couples.
        Sec. 811. (a) Notwithstanding any other provision of this Act, the
    Mayor, in consultation with the Chief Financial Officer of the District
    of Columbia may accept, obligate, and expend Federal, private, and
    other grants received by the District government that are not reflected
    in the amounts appropriated in this Act.
        (b)(1) No such Federal, private, or other grant may be obligated,
    or expended pursuant to subsection (a) until--
                (A) the Chief Financial Officer of the District of Columbia
            submits to the Council a report setting forth detailed
            information regarding such grant; and
                (B) the Council has reviewed and approved the obligation,
            and expenditure of such grant.
        (2) For purposes of paragraph (1)(B), the Council shall be deemed
    to have reviewed and approved the obligation, and expenditure of a
    grant if--
                (A) no written notice of disapproval is filed with the
            Secretary of the Council within 14 calendar days of the receipt
            of the report from the Chief Financial Officer under paragraph
            (1)(A); or
                (B) if such a notice of disapproval is filed within such
            deadline, the Council does not by resolution disapprove the
            obligation, or expenditure of the grant within 30 calendar days
            of the initial receipt of the report from the Chief Financial
            Officer under paragraph (1)(A).
        (c) No amount may be obligated or expended from the general fund or
    other funds of the District of Columbia government in anticipation of
    the approval or receipt of a grant under subsection (b)(2) or in
    anticipation of the approval or receipt of a Federal, private, or other
    grant not subject to such subsection.
        (d) The Chief Financial Officer of the District of Columbia may
    adjust the budget for Federal, private, and other grants received by
    the District government reflected in the amounts appropriated in this
    title, or approved and received under subsection (b)(2) to reflect a
    change in the actual amount of the grant.
        (e) The Chief Financial Officer of the District of Columbia shall
    prepare a quarterly report setting forth detailed information regarding
    all Federal, private, and other grants subject to this section. Each
    such report shall be submitted to the Council of the District of
    Columbia and to the Committees on Appropriations of the House of
    Representatives and Senate not later than 15 days after the end of the
    quarter covered by the report.
        Sec. 812. (a) Except as otherwise provided in this section, none of
    the funds made available by this Act or by any other Act may be used to
    provide any officer or employee of the District of Columbia with an
    official vehicle unless the officer or employee uses the vehicle only
    in the performance of the officer's or employee's official duties. For
    purposes of this paragraph, the term ``official duties'' does not
    include travel between the officer's or employee's residence and
    workplace, except in the case of--
                (1) an officer or employee of the Metropolitan Police
            Department who resides in the District of Columbia or is
            otherwise designated by the Chief of the Department;
                (2) at the discretion of the Fire Chief, an officer or
            employee of the District of Columbia Fire and Emergency Medical
            Services Department who resides in the District of Columbia and
            is on call 24 hours a day or is otherwise designated by the
            Fire Chief;
                (3) at the discretion of the Director of the Department of
            Corrections, an officer or employee of the District of Columbia
            Department of Corrections who resides in the District of
            Columbia and is on call 24 hours a day or is otherwise
            designated by the Director;
                (4) the Mayor of the District of Columbia; and
                (5) the Chairman of the Council of the District of
            Columbia.
        (b) The Chief Financial Officer of the District of Columbia shall
    submit by March 1, 2008, an inventory, as of September 30, 2007, of all
    vehicles owned, leased or operated by the District of Columbia
    government. The inventory shall include, but not be limited to, the
    department to which the vehicle is assigned; the year and make of the
    vehicle; the acquisition date and cost; the general condition of the
    vehicle; annual operating and maintenance costs; current mileage; and
    whether the vehicle is allowed to be taken home by a District officer
    or employee and if so, the officer or employee's title and resident
    location.
        Sec. 813. (a) None of the Federal funds contained in this Act may
    be used by the District of Columbia Corporation Counsel or any other
    officer or entity of the District government to provide assistance for
    any petition drive or civil action which seeks to require Congress to
    provide for voting representation in Congress for the District of
    Columbia.
        (b) Nothing in this section bars the District of Columbia
    Corporation Counsel from reviewing or commenting on briefs in private
    lawsuits, or from consulting with officials of the District government
    regarding such lawsuits.
        Sec. 814. None of the Federal funds contained in this Act may be
    used for any program of distributing sterile needles or syringes for
    the hypodermic injection of any illegal drug.
        Sec. 815. None of the funds contained in this Act may be used after
    the expiration of the 60-day period that begins on the date of the
    enactment of this Act to pay the salary of any chief financial officer
    of any office of the District of Columbia government (including any
    independent agency of the District of Columbia) who has not filed a
    certification with the Mayor and the Chief Financial Officer of the
    District of Columbia that the officer understands the duties and
    restrictions applicable to the officer and the officer's agency as a
    result of this Act (and the amendments made by this Act), including any
    duty to prepare a report requested either in the Act or in any of the
    reports accompanying the Act and the deadline by which each report must
    be submitted: Provided, That the Chief Financial Officer of the
    District of Columbia shall provide to the Committees on Appropriations
    of the House of Representatives and Senate by April 1, 2008 and October
    1, 2008, a summary list showing each report, the due date, and the date
    submitted to the Committees.
        Sec. 816. Nothing in this Act may be construed to prevent the
    Council or Mayor of the District of Columbia from addressing the issue
    of the provision of contraceptive coverage by health insurance plans,
    but it is the intent of Congress that any legislation enacted on such
    issue should include a ``conscience clause'' which provides exceptions
    for religious beliefs and moral convictions.
        Sec. 817. The Mayor of the District of Columbia shall submit to the
    Committees on Appropriations of the House of Representatives and
    Senate, the Committee on Oversight and Government Reform of the House
    of Representatives, and the Committee on Homeland Security and
    Governmental Affairs of the Senate annual reports addressing--
                (1) crime, including the homicide rate, implementation of
            community policing, the number of police officers on local
            beats, and the closing down of open-air drug markets;
                (2) access to substance and alcohol abuse treatment,
            including the number of treatment slots, the number of people
            served, the number of people on waiting lists, and the
            effectiveness of treatment programs;
                (3) management of parolees and pre-trial violent offenders,
            including the number of halfway houses escapes and steps taken
            to improve monitoring and supervision of halfway house
            residents to reduce the number of escapes to be provided in
            consultation with the Court Services and Offender Supervision
            Agency for the District of Columbia;
                (4) education, including access to special education
            services and student achievement to be provided in consultation
            with the District of Columbia Public Schools and the District
            of Columbia public charter schools;
                (5) improvement in basic District services, including rat
            control and abatement;
                (6) application for and management of Federal grants,
            including the number and type of grants for which the District
            was eligible but failed to apply and the number and type of
            grants awarded to the District but for which the District
            failed to spend the amounts received; and
                (7) indicators of child well-being.
        Sec. 818. (a) No later than 30 calendar days after the date of the
    enactment of this Act, the Chief Financial Officer of the District of
    Columbia shall submit to the appropriate committees of Congress, the
    Mayor, and the Council of the District of Columbia a revised
    appropriated funds operating budget in the format of the budget that
    the District of Columbia government submitted pursuant to section 442
    of the District of Columbia Home Rule Act (D.C. Official Code, section
    1-204.42), for all agencies of the District of Columbia government for
    fiscal year 2008 that is in the total amount of the approved
    appropriation and that realigns all budgeted data for personal services
    and other-than-personal-services, respectively, with anticipated actual
    expenditures.
        (b) This section shall apply only to an agency where the Chief
    Financial Officer of the District of Columbia certifies that a
    reallocation is required to address unanticipated changes in program
    requirements.
        Sec. 819. (a) None of the funds contained in this Act may be made
    available to pay--
                (1) the fees of an attorney who represents a party in an
            action or an attorney who defends an action brought against the
            District of Columbia Public Schools under the Individuals with
            Disabilities Education Act (20 U.S.C. 1400 et seq.) in excess
            of $4,000 for that action; or
                (2) the fees of an attorney or firm whom the Chief
            Financial Officer of the District of Columbia determines to
            have a pecuniary interest, either through an attorney, officer,
            or employee of the firm, in any special education diagnostic
            services, schools, or other special education service
            providers.
        (b) In this section, the term ``action'' includes an administrative
    proceeding and any ensuing or related proceedings before a court of
    competent jurisdiction.
        Sec. 820. The amount appropriated by this title may be increased by
    no more than $100,000,000 from funds identified in the comprehensive
    annual financial report as the District's fiscal year 2007 unexpended
    general fund surplus. The District may obligate and expend these
    amounts only in accordance with the following conditions:
                (1) The Chief Financial Officer of the District of Columbia
            shall certify that the use of any such amounts is not
            anticipated to have a negative impact on the District's long-
            term financial, fiscal, and economic vitality.
                (2) The District of Columbia may only use these funds for
            the following expenditures:
                        (A) One-time expenditures.
                        (B) Expenditures to avoid deficit spending.
                        (C) Debt Reduction.
                        (D) Program needs.
                        (E) Expenditures to avoid revenue shortfalls.
                (3) The amounts shall be obligated and expended in
            accordance with laws enacted by the Council in support of each
            such obligation or expenditure.
                (4) The amounts may not be used to fund the agencies of the
            District of Columbia government under court ordered
            receivership.
                (5) The amounts may not be obligated or expended unless the
            Mayor notifies the Committees on Appropriations of the House of
            Representatives and Senate not fewer than 30 days in advance of
            the obligation or expenditure.
        Sec. 821. (a) To account for an unanticipated growth of revenue
    collections, the amount appropriated as District of Columbia Funds
    pursuant to this Act may be increased--
                (1) by an aggregate amount of not more than 25 percent, in
            the case of amounts proposed to be allocated as ``Other-Type
            Funds'' in the Fiscal Year 2008 Proposed Budget and Financial
            Plan submitted to Congress by the District of Columbia; and
                (2) by an aggregate amount of not more than 6 percent, in
            the case of any other amounts proposed to be allocated in such
            Proposed Budget and Financial Plan.
        (b) The District of Columbia may obligate and expend any increase
    in the amount of funds authorized under this section only in accordance
    with the following conditions:
                (1) The Chief Financial Officer of the District of Columbia
            shall certify--
                        (A) the increase in revenue; and
                        (B) that the use of the amounts is not anticipated
                    to have a negative impact on the long-term financial,
                    fiscal, or economic health of the District.
                (2) The amounts shall be obligated and expended in
            accordance with laws enacted by the Council of the District of
            Columbia in support of each such obligation and expenditure,
            consistent with the requirements of this Act.
                (3) The amounts may not be used to fund any agencies of the
            District government operating under court-ordered receivership.
                (4) The amounts may not be obligated or expended unless the
            Mayor has notified the Committees on Appropriations of the
            House of Representatives and Senate not fewer than 30 days in
            advance of the obligation or expenditure.
        Sec. 822. The Chief Financial Officer for the District of Columbia
    may, for the purpose of cash flow management, conduct short-term
    borrowing from the emergency reserve fund and from the contingency
    reserve fund established under section 450A of the District of Columbia
    Home Rule Act (Public Law 98-198): Provided, That the amount borrowed
    shall not exceed 50 percent of the total amount of funds contained in
    both the emergency and contingency reserve funds at the time of
    borrowing: Provided further, That the borrowing shall not deplete
    either fund by more than 50 percent: Provided further, That 100 percent
    of the funds borrowed shall be replenished within 9 months of the time
    of the borrowing or by the end of the fiscal year, whichever occurs
    earlier: Provided further, That in the event that short-term borrowing
    has been conducted and the emergency or the contingency funds are later
    depleted below 50 percent as a result of an emergency or contingency,
    an amount equal to the amount necessary to restore reserve levels to 50
    percent of the total amount of funds contained in both the emergency
    and contingency reserve fund must be replenished from the amount
    borrowed within 60 days.
        Sec. 823. (a) None of the funds contained in this Act may be used
    to enact or carry out any law, rule, or regulation to legalize or
    otherwise reduce penalties associated with the possession, use, or
    distribution of any schedule I substance under the Controlled
    Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols
    derivative.
        (b) The Legalization of Marijuana for Medical Treatment Initiative
    of 1998, also known as Initiative 59, approved by the electors of the
    District of Columbia on November 3, 1998, shall not take effect.
        Sec. 824. None of the funds appropriated under this Act shall be
    expended for any abortion except where the life of the mother would be
    endangered if the fetus were carried to term or where the pregnancy is
    the result of an act of rape or incest.
        Sec. 825. (a) Direct Appropriation.--Section 307(a) of the District
    of Columbia Court Reform and Criminal Procedure Act of 1970 (sec. 2-
    1607(a), D.C. Official Code) is amended by striking the first 2
    sentences and inserting the following: ``There are authorized to be
    appropriated to the Service in each fiscal year such funds as may be
    necessary to carry out this chapter.''.
        (b) Conforming Amendment.--Section 11233 of the Balanced Budget Act
    of 1997 (sec. 24-133, D.C. Official Code) is amended by striking
    subsection (f).
        (e) Effective Date.--The amendments made by this section shall
    apply with respect to fiscal year 2008 and each succeeding fiscal year.
        Sec. 826. Amounts appropriated in this Act as operating funds may
    be transferred to the District of Columbia's enterprise and capital
    funds and such amounts, once transferred shall retain appropriation
    authority consistent with the provisions of this Act.
        Sec. 827. In fiscal year 2008 and thereafter, amounts deposited in
    the Student Enrollment Fund shall be available for expenditure upon
    deposit and shall remain available until expended consistent with the
    terms detailed in ``The Student Funding Formula Assessment, Educational
    Data Warehouse, and Enrollment Fund Establishment Amendment Act of
    2007'' (title IV-D of D.C. Law L17-0020) and the entire provisions of
    that Act are incorporated herein by reference.
        Sec. 828. Except as expressly provided otherwise, any reference to
    ``this Act'' contained in this title or in title IV shall be treated as
    referring only to the provisions of this title or of title IV.
        This division may be cited as the ``Financial Services and General
    Government Appropriations Act, 2008''.

      DIVISION E--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2008

                                    TITLE I

                        DEPARTMENT OF HOMELAND SECURITY

                     DEPARTMENTAL MANAGEMENT AND OPERATIONS

                Office of the Secretary and Executive Management

        For necessary expenses of the Office of the Secretary of Homeland
    Security, as authorized by section 102 of the Homeland Security Act of
    2002 (6 U.S.C. 112), and executive management of the Department of
    Homeland Security, as authorized by law, $97,353,000: Provided, That
    not to exceed $40,000 shall be for official reception and
    representation expenses: Provided further, That $15,000,000 shall not
    be available for obligation until the Secretary (1) certifies and
    reports to the Committees on Appropriations of the Senate and the House
    of Representatives that the Department has revised Departmental
    guidance with respect to relations with the Government Accountability
    Office to specifically provide for: (a) expedited timeframes for
    providing the Government Accountability Office with access to records
    within 20 days from the date of request; (b) expedited timeframes for
    interviews of program officials by the Government Accountability Office
    after reasonable notice has been furnished to the Department by the
    Government Accountability Office; and (c) a significant streamlining of
    the review process for documents and interview requests by liaisons,
    counsel, and program officials, consistent with the objective that the
    Government Accountability Office be given timely and complete access to
    documents and agency officials; and (2) defines in a memorandum to all
    Department employees the roles and responsibilities of the Department
    of Homeland Security Inspector General: Provided further, That the
    Secretary shall make the revisions to Departmental guidance with
    respect to relations with the Government Accountability Office in
    consultation with the Comptroller General of the United States and
    issue departmental guidance with respect to relations with the
    Department of Homeland Security Inspector General in consultation with
    the Inspector General: Provided further, That not more than seventy-
    five percent of the funds provided under this heading shall be
    obligated prior to the submission of the first quarterly report on
    progress to improve and modernize efforts to remove criminal aliens
    judged deportable from the United States.

                  Office of the Under Secretary for Management

        For necessary expenses of the Office of the Under Secretary for
    Management, as authorized by sections 701 through 705 of the Homeland
    Security Act of 2002 (6 U.S.C. 341 through 345), $150,238,000, of which
    not to exceed $3,000 shall be for official reception and representation
    expenses: Provided, That of the total amount, $6,000,000 shall remain
    available until expended solely for the alteration and improvement of
    facilities, tenant improvements, and relocation costs to consolidate
    Department headquarters operations.

                     Office of the Chief Financial Officer

        For necessary expenses of the Office of the Chief Financial
    Officer, as authorized by section 103 of the Homeland Security Act of
    2002 (6 U.S.C. 113), $31,300,000.

                    Office of the Chief Information Officer

        For necessary expenses of the Office of the Chief Information
    Officer, as authorized by section 103 of the Homeland Security Act of
    2002 (6 U.S.C. 113), and Department-wide technology investments,
    $295,200,000; of which $81,000,000 shall be available for salaries and
    expenses; and of which $214,200,000, to remain available until
    expended, shall be available for development and acquisition of
    information technology equipment, software, services, and related
    activities for the Department of Homeland Security, of which not less
    than $36,800,000 shall be available, as requested in the President's
    Fiscal Year 2008 Budget, for Department of Homeland Security data
    center development and an additional $35,500,000 shall be available for
    further construction of the National Center for Critical Information
    Processing and Storage: Provided, That none of the funds appropriated
    shall be used to support or supplement the appropriations provided for
    the United States Visitor and Immigrant Status Indicator Technology
    project or the Automated Commercial Environment: Provided further, That
    the Chief Information Officer shall submit to the Committees on
    Appropriations of the Senate and the House of Representatives, not more
    than 60 days after the date of enactment of this Act, an expenditure
    plan for all information technology acquisition projects that: (1) are
    funded under this heading; or (2) are funded by multiple components of
    the Department of Homeland Security through reimbursable agreements:
    Provided further, That such expenditure plan shall include each
    specific project funded, key milestones, all funding sources for each
    project, details of annual and lifecycle costs, and projected cost
    savings or cost avoidance to be achieved by the project.

                            Analysis and Operations

                        (including rescission of funds)

        For necessary expenses for information analysis and operations
    coordination activities, as authorized by title II of the Homeland
    Security Act of 2002 (6 U.S.C. 121 et seq.), $306,000,000, to remain
    available until September 30, 2009, of which not to exceed $5,000 shall
    be for official reception and representation expenses: Provided, That
    of the amounts made available under this heading in Public Law 109-295,
    $8,700,000 are rescinded.

          Office of the Federal Coordinator for Gulf Coast Rebuilding

        For necessary expenses of the Office of the Federal Coordinator for
    Gulf Coast Rebuilding, $2,700,000: Provided, That $1,000,000 shall not
    be available for obligation until the Committees on Appropriations of
    the Senate and the House of Representatives receive an expenditure plan
    for fiscal year 2008.

                          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.), $92,711,000, of which not to exceed $150,000 may be used
    for certain confidential operational expenses, including the payment of
    informants, to be expended at the direction of the Inspector General.

                                    TITLE II

                   SECURITY, ENFORCEMENT, AND INVESTIGATIONS

                       U.S. Customs and Border Protection

                             salaries and expenses

        For necessary expenses for enforcement of laws relating to border
    security, immigration, customs, and agricultural inspections and
    regulatory activities related to plant and animal imports; purchase and
    lease of up to 4,500 (2,300 for replacement only) police-type vehicles;
    and contracting with individuals for personal services abroad;
    $6,802,560,000, of which $3,093,000 shall be derived from the Harbor
    Maintenance Trust Fund for administrative expenses related to the
    collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
    of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
    notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
    (6 U.S.C. 551(e)(1)); of which not to exceed $45,000 shall be for
    official reception and representation expenses; of which not less than
    $226,740,000 shall be for Air and Marine Operations; of which
    $13,000,000 shall be used to procure commercially available technology
    in order to expand and improve the risk-based approach of the
    Department of Homeland Security to target and inspect cargo containers
    under the Secure Freight Initiative and the Global Trade Exchange; of
    which such sums as become available in the Customs User Fee Account,
    except sums subject to section 13031(f)(3) of the Consolidated Omnibus
    Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3)), shall be
    derived from that account; of which not to exceed $150,000 shall be
    available for payment for rental space in connection with preclearance
    operations; and of which not to exceed $1,000,000 shall be for awards
    of compensation to informants, to be accounted for solely under the
    certificate of the Secretary of Homeland Security: Provided, That of
    the amount provided under this heading, $323,000,000 is designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act): Provided further, That for fiscal year 2008, the
    overtime limitation prescribed in section 5(c)(1) of the Act of
    February 13, 1911 (19 U.S.C. 267(c)(1)) shall be $35,000; and
    notwithstanding any other provision of law, none of the funds
    appropriated by this Act may be available to compensate any employee of
    U.S. Customs and Border Protection for overtime, from whatever source,
    in an amount that exceeds such limitation, except in individual cases
    determined by the Secretary of Homeland Security, or the designee of
    the Secretary, to be necessary for national security purposes, to
    prevent excessive costs, or in cases of immigration emergencies:
    Provided further, That of the amount made available under this heading,
    $202,816,000 shall remain available until September 30, 2009, to
    support software development, equipment, contract services, and the
    implementation of inbound lanes and modification to vehicle primary
    processing lanes at ports of entry; of which $100,000 is to promote
    information and education exchange with nations friendly to the United
    States in order to promote sharing of best practices and technologies
    relating to homeland security, as authorized by section 879 of Public
    Law 107-296; and of which $75,000,000 may not be obligated until the
    Committees on Appropriations of the Senate and the House of
    Representatives receive a report not later than 120 days after the date
    of enactment of this Act on the preliminary results of testing of
    pilots at ports of entry used to develop and implement the plan
    required by section 7209(b)(1) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 note), which
    includes the following information: (1) infrastructure and staffing
    required, with associated costs, by port of entry; (2) updated
    milestones for plan implementation; (3) a detailed explanation of how
    requirements of such section have been satisfied; (4) confirmation that
    a vicinity-read radio frequency identification card has been adequately
    tested to ensure operational success; and (5) a description of steps
    taken to ensure the integrity of privacy safeguards.

                            automation modernization

        For expenses for U.S. Customs and Border Protection automated
    systems, $476,609,000, to remain available until expended, of which not
    less than $316,969,000 shall be for the development of the Automated
    Commercial Environment: Provided, That of the total amount made
    available under this heading, $216,969,000 may not be obligated for the
    Automated Commercial Environment program until 30 days after the
    Committees on Appropriations of the Senate and the House of
    Representatives receive a report on the results to date and plans for
    the program from the Department of Homeland Security that includes:
                (1) a detailed accounting of the program's progress up to
            the date of the report in meeting prior commitments made to the
            Committees relative to system capabilities or services, system
            performance levels, mission benefits and outcomes, milestones,
            cost targets, and program management capabilities;
                (2) an explicit plan of action defining how all funds are
            to be obligated to meet future program commitments, with the
            planned expenditure of funds linked to the milestone-based
            delivery of specific capabilities, services, performance
            levels, mission benefits and outcomes, and program management
            capabilities;
                (3) a listing of all open Government Accountability Office
            and Office of Inspector General recommendations related to the
            program, with the status of the Department's efforts to address
            the recommendations, including milestones for fully addressing
            them;
                (4) a certification by the Chief Procurement Officer of the
            Department that the program has been reviewed and approved in
            accordance with the investment management process of the
            Department, and that the process fulfills all capital planning
            and investment control requirements and reviews established by
            the Office of Management and Budget, including Circular A-11,
            part 7, as well as supporting analyses generated by and used in
            the Department's process;
                (5) a certification by the Chief Information Officer of the
            Department that an independent validation and verification
            agent has and will continue to actively review the program;
                (6) a certification by the Chief Information Officer of the
            Department that the system architecture of the program is
            sufficiently aligned with the information systems enterprise
            architecture of the Department to minimize future rework,
            including a description of all aspects of the architectures
            that were and were not assessed in making the alignment
            determination, the date of the alignment determination, any
            known areas of misalignment along with the associated risks and
            corrective actions to address any such areas;
                (7) a certification by the Chief Information Officer of the
            Department that the program has a risk management process that
            regularly and proactively identifies, evaluates, mitigates, and
            monitors risks throughout the system life cycle, and
            communicates high-risk conditions to U.S. Customs and Border
            Protection and Department of Homeland Security investment
            decision makers, as well as a listing of the program's high
            risks and the status of efforts to address them;
                (8) a certification by the Chief Procurement Officer of the
            Department that the plans for the program comply with the
            Federal acquisition rules, requirements, guidelines, and
            practices, and a description of the actions being taken to
            address areas of non-compliance, the risks associated with them
            along with any plans for addressing these risks and the status
            of their implementation; and
                (9) a certification by the Chief Human Capital Officer of
            the Department that the human capital needs of the program are
            being strategically and proactively managed, and that current
            human capital capabilities are sufficient to execute the plans
            discussed in the report.

            border security fencing, infrastructure, and technology

        For expenses for customs and border protection fencing,
    infrastructure, and technology, $1,225,000,000, to remain available
    until expended: Provided, That of the amount provided under this
    heading, $1,053,000,000 is designated as described in section 5 (in the
    matter preceding division A of this consolidated Act): Provided
    further, That of the amount provided under this heading, $650,000,000
    shall not be obligated until the Committees on Appropriations of the
    Senate and the House of Representatives receive and approve a plan for
    expenditure, prepared by the Secretary of Homeland Security and
    submitted within 90 days after the date of enactment of this Act, for a
    program to establish a security barrier along the borders of the United
    States of fencing and vehicle barriers, where practicable, and other
    forms of tactical infrastructure and technology, that includes:
                (1) a detailed accounting of the program's progress to date
            relative to system capabilities or services, system performance
            levels, mission benefits and outcomes, milestones, cost
            targets, program management capabilities, identification of the
            maximum investment (including lifecycle costs) required by the
            Secure Border Initiative network or any successor contract, and
            description of the methodology used to obtain these cost
            figures;
                (2) a description of how activities will further the
            objectives of the Secure Border Initiative, as defined in the
            Secure Border Initiative multi-year strategic plan, and how the
            plan allocates funding to the highest priority border security
            needs;
                (3) an explicit plan of action defining how all funds are
            to be obligated to meet future program commitments, with the
            planned expenditure of funds linked to the milestone-based
            delivery of specific capabilities, services, performance
            levels, mission benefits and outcomes, and program management
            capabilities;
                (4) an identification of staffing (including full-time
            equivalents, contractors, and detailees) requirements by
            activity;
                (5) a description of how the plan addresses security needs
            at the Northern Border and the ports of entry, including
            infrastructure, technology, design and operations requirements;
                (6) a report on costs incurred, the activities completed,
            and the progress made by the program in terms of obtaining
            operational control of the entire border of the United States;
                (7) a listing of all open Government Accountability Office
            and Office of Inspector General recommendations related to the
            program and the status of Department of Homeland Security
            actions to address the recommendations, including milestones to
            fully address them;
                (8) a certification by the Chief Procurement Officer of the
            Department that the program has been reviewed and approved in
            accordance with the investment management process of the
            Department, and that the process fulfills all capital planning
            and investment control requirements and reviews established by
            the Office of Management and Budget, including Circular A-11,
            part 7;
                (9) a certification by the Chief Information Officer of the
            Department that the system architecture of the program is
            sufficiently aligned with the information systems enterprise
            architecture of the Department to minimize future rework,
            including a description of all aspects of the architectures
            that were and were not assessed in making the alignment
            determination, the date of the alignment determination, and any
            known areas of misalignment along with the associated risks and
            corrective actions to address any such areas;
                (10) a certification by the Chief Procurement Officer of
            the Department that the plans for the program comply with the
            Federal acquisition rules, requirements, guidelines, and
            practices, and a description of the actions being taken to
            address areas of non-compliance, the risks associated with them
            along with any plans for addressing these risks, and the status
            of their implementation;
                (11) a certification by the Chief Information Officer of
            the Department that the program has a risk management process
            that regularly and proactively identifies, evaluates,
            mitigates, and monitors risks throughout the system life cycle
            and communicates high-risk conditions to U.S. Customs and
            Border Protection and Department of Homeland Security
            investment decisionmakers, as well as a listing of all the
            program's high risks and the status of efforts to address them;
                (12) a certification by the Chief Human Capital Officer of
            the Department that the human capital needs of the program are
            being strategically and proactively managed, and that current
            human capital capabilities are sufficient to execute the plans
            discussed in the report;
                (13) an analysis by the Secretary for each segment, defined
            as no more than 15 miles, of fencing or tactical
            infrastructure, of the selected approach compared to other,
            alternative means of achieving operational control; such
            analysis should include cost, level of operational control,
            possible unintended effects on communities, and other factors
            critical to the decision-making process;
                (14) a certification by the Chief Procurement Officer of
            the Department of Homeland Security that procedures to prevent
            conflicts of interest between the prime integrator and major
            subcontractors are established and that the Secure Border
            Initiative Program Office has adequate staff and resources to
            effectively manage the Secure Border Initiative program, Secure
            Border Initiative network contract, and any related contracts,
            including the exercise of technical oversight, and a
            certification by the Chief Information Officer of the
            Department of Homeland Security that an independent
            verification and validation agent is currently under contract
            for the projects funded under this heading; and
                (15) is reviewed by the Government Accountability Office:
    Provided further, That the Secretary shall report to the Committees on
    Appropriations of the Senate and the House of Representatives on
    program progress to date and specific objectives to be achieved through
    the award of current and remaining task orders planned for the balance
    of available appropriations: (1) at least 30 days prior to the award of
    any task order requiring an obligation of funds in excess of
    $100,000,000; and (2) prior to the award of a task order that would
    cause cumulative obligations of funds to exceed 50 percent of the total
    amount appropriated: Provided further, That of the funds provided under
    this heading, not more than $2,000,000 shall be used to reimburse the
    Defense Acquisition University for the costs of conducting a review of
    the Secure Border Initiative network contract and determining how and
    whether the Department is employing the best procurement practices:
    Provided further, That none of the funds under this heading may be
    obligated for any project or activity for which the Secretary has
    exercised waiver authority pursuant to section 102(c) of the Illegal
    Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
    1103 note) until 15 days have elapsed from the date of the publication
    of the decision in the Federal Register.

     air and marine interdiction, operations, maintenance, and procurement

        For necessary expenses for the operations, maintenance, and
    procurement of marine vessels, aircraft, unmanned aircraft systems, and
    other related equipment of the air and marine program, including
    operational training and mission-related travel, and rental payments
    for facilities occupied by the air or marine interdiction and demand
    reduction programs, the operations of which include the following: the
    interdiction of narcotics and other goods; the provision of support to
    Federal, State, and local agencies in the enforcement or administration
    of laws enforced by the Department of Homeland Security; and at the
    discretion of the Secretary of Homeland Security, the provision of
    assistance to Federal, State, and local agencies in other law
    enforcement and emergency humanitarian efforts, $570,047,000, to remain
    available until expended: Provided, That of the amount provided under
    this heading, $94,000,000 is designated as described in section 5 (in
    the matter preceding division A of this consolidated Act): Provided
    further, That no aircraft or other related equipment, with the
    exception of aircraft that are one of a kind and have been identified
    as excess to U.S. Customs and Border Protection requirements and
    aircraft that have been damaged beyond repair, shall be transferred to
    any other Federal agency, department, or office outside of the
    Department of Homeland Security during fiscal year 2008 without the
    prior approval of the Committees on Appropriations of the Senate and
    the House of Representatives.

                                  construction

        For necessary expenses to plan, construct, renovate, equip, and
    maintain buildings and facilities necessary for the administration and
    enforcement of the laws relating to customs and immigration,
    $348,363,000, to remain available until expended; of which $39,700,000
    shall be for the Advanced Training Center: Provided, That of the amount
    provided under this heading, $61,000,000 is designated as described in
    section 5 (in the matter preceding division A of this consolidated
    Act).

                    U.S. Immigration and Customs Enforcement

                             salaries and expenses

        For necessary expenses for enforcement of immigration and customs
    laws, detention and removals, and investigations; and purchase and
    lease of up to 3,790 (2,350 for replacement only) police-type vehicles;
    $4,687,517,000, of which not to exceed $7,500,000 shall be available
    until expended for conducting special operations under section 3131 of
    the Customs Enforcement Act of 1986 (19 U.S.C. 2081); of which not to
    exceed $15,000 shall be for official reception and representation
    expenses; of which not to exceed $1,000,000 shall be for awards of
    compensation to informants, to be accounted for solely under the
    certificate of the Secretary of Homeland Security; of which not less
    than $305,000 shall be for promotion of public awareness of the child
    pornography tipline and anti-child exploitation activities as requested
    by the President; of which not less than $5,400,000 shall be used to
    facilitate agreements consistent with section 287(g) of the Immigration
    and Nationality Act (8 U.S.C. 1357(g)); and of which not to exceed
    $11,216,000 shall be available to fund or reimburse other Federal
    agencies for the costs associated with the care, maintenance, and
    repatriation of smuggled illegal aliens: Provided, That of the amount
    provided under this heading, $516,400,000 is designated as described in
    section 5 (in the matter preceding division A of this consolidated
    Act): Provided further, That none of the funds made available under
    this heading shall be available to compensate any employee for overtime
    in an annual amount in excess of $35,000, except that the Secretary of
    Homeland Security, or the designee of the Secretary, may waive that
    amount as necessary for national security purposes and in cases of
    immigration emergencies: Provided further, That of the total amount
    provided, $15,770,000 shall be for activities to enforce laws against
    forced child labor in fiscal year 2008, of which not to exceed
    $6,000,000 shall remain available until expended: Provided further,
    That of the total amount provided, not less than $2,381,401,000 is for
    detention and removal operations: Provided further, That of the total
    amount provided, $200,000,000 shall remain available until September
    30, 2009, to improve and modernize efforts to identify aliens convicted
    of a crime, sentenced to imprisonment, and who may be deportable, and
    remove them from the United States once they are judged deportable:
    Provided further, That none of the funds made available to improve and
    modernize efforts to identify and remove aliens convicted of a crime,
    sentenced to imprisonment, and who may be deportable (in this proviso
    referred to as criminal aliens), and remove them from the United States
    once they are judged deportable, shall be obligated until the
    Committees on Appropriations of the Senate and the House of
    Representatives receive a plan for expenditure, prepared by the
    Secretary of Homeland Security and submitted within 90 days after the
    date of enactment of this Act, to modernize the policies and
    technologies used to identify and remove criminal aliens, that--
                (1) presents a strategy for U.S. Immigration and Customs
            Enforcement to identify every criminal alien, at the prison,
            jail, or correctional institution in which they are held;
                (2) establishes the process U.S. Immigration and Customs
            Enforcement, in conjunction with the U.S. Department of
            Justice, will use to make every reasonable effort to remove,
            upon their release from custody, all criminal aliens judged
            deportable;
                (3) presents a methodology U.S. Immigration and Customs
            Enforcement will use to identify and prioritize for removal
            criminal aliens convicted of violent crimes;
                (4) defines the activities, milestones, and resources for
            implementing the strategy and process described in sections (1)
            and (2); and
                (5) includes program measurements for progress in
            implementing the strategy and process described in sections (1)
            and (2):
    Provided further, That the Secretary of Homeland Security or a designee
    of the Secretary shall report to the Committees on Appropriations of
    the Senate and the House of Representatives, at least quarterly, on
    progress implementing the expenditure plan required in the preceding
    proviso, and the funds obligated during that quarter to make that
    progress: Provided further, That the funding and staffing resources
    necessary to carry out the strategy and process described in sections
    (1) and (2) under this heading shall be identified in the President's
    fiscal year 2009 budget submission to Congress.

                           federal protective service

        The revenues and collections of security fees credited to this
    account shall be available until expended for necessary expenses
    related to the protection of federally-owned and leased buildings and
    for the operations of the Federal Protective Service: Provided, That
    the Secretary of Homeland Security and the Director of the Office of
    Management and Budget shall certify in writing to the Committees on
    Appropriations of the Senate and the House of Representatives no later
    than December 31, 2007, that the operations of the Federal Protective
    Service will be fully funded in fiscal year 2008 through revenues and
    collection of security fees, and shall adjust the fees to ensure fee
    collections are sufficient to ensure the Federal Protective Service
    maintains, by July 31, 2008, not fewer than 1,200 full-time equivalent
    staff and 900 full-time equivalent Police Officers, Inspectors, Area
    Commanders, and Special Agents who, while working, are directly engaged
    on a daily basis protecting and enforcing laws at Federal buildings
    (referred to as ``in-service field staff'').

                            automation modernization

        For expenses of immigration and customs enforcement automated
    systems, $30,700,000, to remain available until expended: Provided,
    That of the funds made available under this heading, $5,000,000 shall
    not be obligated until the Committees on Appropriations of the Senate
    and the House of Representatives receive a plan for expenditure
    prepared by the Secretary of Homeland Security.

                                  construction

        For necessary expenses to plan, construct, renovate, equip, and
    maintain buildings and facilities necessary for the administration and
    enforcement of the laws relating to customs and immigration,
    $16,500,000, to remain available until expended: Provided, That of the
    amount provided under this heading, $10,500,000 is designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act): Provided further, That none of the funds made
    available in this Act may be used to solicit or consider any request to
    privatize facilities currently owned by the United States Government
    and used to detain illegal aliens until the Committees on
    Appropriations of the Senate and the House of Representatives receive a
    plan for carrying out that privatization.

                     Transportation Security Administration

                               aviation security

                         (including transfer of funds)

        For necessary expenses of the Transportation Security
    Administration related to providing civil aviation security services
    pursuant to the Aviation and Transportation Security Act (Public Law
    107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $4,808,691,000, to remain
    available until September 30, 2009, of which not to exceed $10,000
    shall be for official reception and representation expenses: Provided,
    That of the total amount made available under this heading, not to
    exceed $3,768,489,000 shall be for screening operations, of which
    $294,000,000 shall be available only for procurement and installation
    of checked baggage explosive detection systems; and not to exceed
    $1,009,977,000 shall be for aviation security direction and
    enforcement: Provided further, That security service fees authorized
    under section 44940 of title 49, United States Code, shall be credited
    to this appropriation as offsetting collections and shall be available
    only for aviation security: Provided further, That any funds collected
    and made available from aviation security fees pursuant to section
    44940(i) of title 49, United States Code, may, notwithstanding
    paragraph (4) of such section 44940(i), be expended for the purpose of
    improving screening at airport screening checkpoints, which may include
    the purchase and utilization of emerging technology equipment; the
    refurbishment and replacement of current equipment; the installation of
    surveillance systems to monitor checkpoint activities; the modification
    of checkpoint infrastructure to support checkpoint reconfigurations;
    and the creation of additional checkpoints to screen aviation
    passengers and airport personnel: Provided further, That of the amounts
    provided under this heading, $30,000,000 may be transferred to the
    ``Surface Transportation Security''; ``Transportation Threat Assessment
    And Credentialing''; and ``Transportation Security Support''
    appropriations in this Act for the purpose of implementing regulations
    and activities authorized in Implementing Recommendations of the 9/11
    Commission Act of 2007 (Public Law 110-53): Provided further, That the
    sum appropriated under this heading from the general fund shall be
    reduced on a dollar-for-dollar basis as such offsetting collections are
    received during fiscal year 2008, so as to result in a final fiscal
    year appropriation from the general fund estimated at not more than
    $2,598,466,000: Provided further, That any security service fees
    collected in excess of the amount made available under this heading
    shall become available during fiscal year 2009: Provided further, That
    Members of the United States House of Representatives and United States
    Senate, including the leadership; and the heads of Federal agencies and
    commissions, including the Secretary, Under Secretaries, and Assistant
    Secretaries of the Department of Homeland Security; the United States
    Attorney General and Assistant Attorneys General and the United States
    attorneys; and senior members of the Executive Office of the President,
    including the Director of the Office of Management and Budget; shall
    not be exempt from Federal passenger and baggage screening.

                        surface transportation security

        For necessary expenses of the Transportation Security
    Administration related to providing surface transportation security
    activities, $46,613,000, to remain available until September 30, 2009.

               transportation threat assessment and credentialing

        For necessary expenses for the development and implementation of
    screening programs of the Office of Transportation Threat Assessment
    and Credentialing, $82,590,000, to remain available until September 30,
    2009: Provided, That if the Assistant Secretary of Homeland Security
    (Transportation Security Administration) determines that the Secure
    Flight program does not need to check airline passenger names against
    the full terrorist watch list, then the Assistant Secretary shall
    certify to the Committees on Appropriations of the Senate and the House
    of Representatives that no significant security risks are raised by
    screening airline passenger names only against a subset of the full
    terrorist watch list.

                        transportation security support

        For necessary expenses of the Transportation Security
    Administration related to providing transportation security support and
    intelligence pursuant to the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 597; 49 U.S.C. 40101 note), $523,515,000,
    to remain available until September 30, 2009: Provided, That of the
    funds appropriated under this heading, $10,000,000 may not be obligated
    until the Secretary of Homeland Security submits to the Committees on
    Appropriations of the Senate and the House of Representatives detailed
    expenditure plans for checkpoint support and explosive detection
    systems refurbishment, procurement, and installations on an airport-by-
    airport basis for fiscal year 2008; and a strategic plan required for
    checkpoint technologies as described in the joint explanatory statement
    of managers accompanying the fiscal year 2007 conference report (H.
    Rept. 109-699): Provided further, That these plans shall be submitted
    no later than 60 days after the date of enactment of this Act.

                              federal air marshals

        For necessary expenses of the Federal Air Marshals, $769,500,000.

                                  Coast Guard

                               operating expenses

        For necessary expenses for the operation and maintenance of the
    Coast Guard not otherwise provided for; purchase or lease of not to
    exceed 25 passenger motor vehicles, which shall be for replacement
    only; minor shore construction projects not exceeding $1,000,000 in
    total cost at any location; payments pursuant to section 156 of Public
    Law 97-377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation and
    welfare; $5,891,347,000, of which $340,000,000 shall be for defense-
    related activities; of which $24,500,000 shall be derived from the Oil
    Spill Liability Trust Fund to carry out the purposes of section
    1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); of
    which not to exceed $20,000 shall be for official reception and
    representation expenses; and of which $3,600,000 shall be for costs to
    plan and design an expansion to the Operations Systems Center subject
    to the approval of a prospectus: Provided, That none of the funds made
    available by this or any other Act shall be available for
    administrative expenses in connection with shipping commissioners in
    the United States: Provided further, That none of the funds made
    available by this Act shall be for expenses incurred for recreational
    vessels under section 12114 of title 46, United States Code, except to
    the extent fees are collected from yacht owners and credited to this
    appropriation: Provided further, That not to exceed 5 percent of this
    appropriation may be transferred to the ``Acquisition, Construction,
    and Improvements'' appropriation for personnel compensation and
    benefits and related costs to adjust personnel assignment to accelerate
    management and oversight of new or existing projects without
    detrimentally affecting the management and oversight of other projects:
    Provided further, That the amount made available for ``Personnel,
    Compensation, and Benefits'' in the ``Acquisition, Construction, and
    Improvements'' appropriation shall not be increased by more than 10
    percent by such transfers: Provided further, That the Committees on
    Appropriations of the Senate and the House of Representatives shall be
    notified of each transfer within 30 days after it is executed by the
    Treasury: Provided further, That of the amount provided under this
    heading, $70,300,000 is designated as described in section 5 (in the
    matter preceding division A of this consolidated Act).

                    environmental compliance and restoration

        For necessary expenses to carry out the environmental compliance
    and restoration functions of the Coast Guard under chapter 19 of title
    14, United States Code, $13,000,000, to remain available until
    expended.

                                reserve training

        For necessary expenses of the Coast Guard Reserve, as authorized by
    law; operations and maintenance of the reserve program; personnel and
    training costs; and equipment and services; $126,883,000.

                  acquisition, construction, and improvements

                        (including rescissions of funds)

        For necessary expenses of acquisition, construction, renovation,
    and improvement of aids to navigation, shore facilities, vessels, and
    aircraft, including equipment related thereto; and maintenance,
    rehabilitation, lease and operation of facilities and equipment, as
    authorized by law; $1,125,083,000, of which $20,000,000 shall be
    derived from the Oil Spill Liability Trust Fund to carry out the
    purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
    U.S.C. 2712(a)(5)); of which $45,000,000 shall be available until
    September 30, 2012, to acquire, repair, renovate, or improve vessels,
    small boats, and related equipment; of which $173,100,000 shall be
    available until September 30, 2010, for other equipment; of which
    $40,997,000 shall be available until September 30, 2010, for shore
    facilities and aids to navigation facilities; of which $82,720,000
    shall be available for personnel compensation and benefits and related
    costs; and of which $783,266,000 shall be available until September 30,
    2012, for the Integrated Deepwater Systems program: Provided, That of
    the funds made available for the Integrated Deepwater Systems program,
    $327,416,000 is for aircraft and $243,400,000 is for surface ships:
    Provided further, That of the amount provided in the preceding proviso
    for aircraft, $70,000,000 may not be obligated for the Maritime Patrol
    Aircraft until the Commandant of the Coast Guard certifies that the
    mission system pallet Developmental Test and Evaluation of the HC-144A
    CASA Maritime Patrol Aircraft is complete: Provided further, That no
    funds shall be available for procurements related to the acquisition of
    additional major assets as part of the Integrated Deepwater Systems
    program not already under contract until an alternatives analysis has
    been completed by an independent qualified third party: Provided
    further, That $300,000,000 of the funds provided for the Integrated
    Deepwater Systems program may not be obligated until the Committees on
    Appropriations of the Senate and the House of Representatives receive
    and approve a plan for expenditure directly from the Coast Guard that--
                (1) defines activities, milestones, yearly costs, and
            lifecycle costs for each procurement of a major asset,
            including an independent cost estimate for each;
                (2) identifies lifecycle staffing and training needs of
            Coast Guard project managers and of procurement and contract
            staff;
                (3) identifies competition to be conducted in each
            procurement;
                (4) describes procurement plans that do not rely on a
            single industry entity or contract;
                (5) includes a certification by the Chief Human Capital
            Officer of the Department that current human capital
            capabilities are sufficient to execute the plans discussed in
            the report;
                (6) contains very limited indefinite delivery/indefinite
            quantity contracts and explains the need for any indefinite
            delivery/indefinite quantity contracts;
                (7) identifies individual project balances by fiscal year,
            including planned carryover into fiscal year 2009 by project;
                (8) identifies operational gaps by asset and explains how
            funds provided in this Act address the shortfalls between
            current operational capabilities and requirements;
                (9) includes a listing of all open Government
            Accountability Office and Office of Inspector General
            recommendations related to the program and the status of Coast
            Guard actions to address the recommendations, including
            milestones for fully addressing them;
                (10) includes a certification by the Chief Procurement
            Officer of the Department that the program has been reviewed
            and approved in accordance with the investment management
            process of the Department, and that the process fulfills all
            capital planning and investment control requirements and
            reviews established by the Office of Management and Budget,
            including Circular A-11, part 7;
                (11) identifies use of the Defense Contract Auditing
            Agency;
                (12) includes a certification by the head of contracting
            activity for the Coast Guard and the Chief Procurement Officer
            of the Department that the plans for the program comply with
            the Federal acquisition rules, requirements, guidelines, and
            practices, and a description of the actions being taken to
            address areas of non-compliance, the risks associated with them
            along with plans for addressing these risks, and the status of
            their implementation;
                (13) identifies the use of independent validation and
            verification; and
                (14) is reviewed by the Government Accountability Office:
    Provided further, That the Secretary of Homeland Security shall submit
    to the Committees on Appropriations of the Senate and the House of
    Representatives, in conjunction with the President's fiscal year 2009
    budget, a review of the Revised Deepwater Implementation Plan that
    identifies any changes to the plan for the fiscal year; an annual
    performance comparison of Deepwater assets to pre-Deepwater legacy
    assets; a status report of legacy assets; a detailed explanation of how
    the costs of legacy assets are being accounted for within the Deepwater
    program; and the earned value management system gold card data for each
    Deepwater asset: Provided further, That the Secretary shall submit to
    the Committees on Appropriations of the Senate and the House of
    Representatives a comprehensive review of the Revised Deepwater
    Implementation Plan every five years, beginning in fiscal year 2011,
    that includes a complete projection of the acquisition costs and
    schedule for the duration of the plan through fiscal year 2027:
    Provided further, That the Secretary shall annually submit to the
    Committees on Appropriations of the Senate and the House of
    Representatives, at the time that the President's budget is submitted
    under section 1105(a) of title 31, United States Code, a future-years
    capital investment plan for the Coast Guard that identifies for each
    capital budget line item--
                (1) the proposed appropriation included in that budget;
                (2) the total estimated cost of completion;
                (3) projected funding levels for each fiscal year for the
            next five fiscal years or until project completion, whichever
            is earlier;
                (4) an estimated completion date at the projected funding
            levels; and
                (5) changes, if any, in the total estimated cost of
            completion or estimated completion date from previous future-
            years capital investment plans submitted to the Committees on
            Appropriations of the Senate and the House of Representatives:
    Provided further, That the Secretary shall ensure that amounts
    specified in the future-years capital investment plan are consistent to
    the maximum extent practicable with proposed appropriations necessary
    to support the programs, projects, and activities of the Coast Guard in
    the President's budget as submitted under section 1105(a) of title 31,
    United States Code, for that fiscal year: Provided further, That any
    inconsistencies between the capital investment plan and proposed
    appropriations shall be identified and justified: Provided further,
    That of amounts made available under this heading in Public Laws 108-
    334 and 109-90 for the Offshore Patrol Cutter, $98,627,476 are
    rescinded: Provided further, That of amounts made available under this
    heading in Public Law 108-334 for VTOL unmanned aerial vehicles (VUAV),
    $162,850 are rescinded: Provided further, That of amounts made
    available under this heading in Public Law 109-90 for unmanned air
    vehicles (UAVs), $32,942,138 are rescinded: Provided further, That of
    amounts made available under this heading in Public Law 109-295 for
    VTOL unmanned aerial vehicles (UAVs), $716,536 are rescinded: Provided
    further, That of the amount provided under this heading, $95,800,000 is
    designated as described in section 5 (in the matter preceding division
    A of this consolidated Act).

                             alteration of bridges

        For necessary expenses for alteration or removal of obstructive
    bridges, as authorized by section 6 of the Truman-Hobbs Act (33 U.S.C.
    516), $16,000,000, to remain available until expended.

                  research, development, test, and evaluation

        For necessary expenses for applied scientific research,
    development, test, and evaluation; and for maintenance, rehabilitation,
    lease, and operation of facilities and equipment; as authorized by law;
    $25,000,000, to remain available until expended, of which $500,000
    shall be derived from the Oil Spill Liability Trust Fund to carry out
    the purposes of section 1012(a)(5) of the Oil Pollution Act of 1990 (33
    U.S.C. 2712(a)(5)): Provided, That there may be credited to and used
    for the purposes of this appropriation funds received from State and
    local governments, other public authorities, private sources, and
    foreign countries for expenses incurred for research, development,
    testing, and evaluation.

                                  retired pay

        For retired pay, including the payment of obligations otherwise
    chargeable to lapsed appropriations for this purpose, payments under
    the Retired Serviceman's Family Protection and Survivor Benefits Plans,
    payment for career status bonuses, concurrent receipts and combat-
    related special compensation under the National Defense Authorization
    Act, and payments for medical care of retired personnel and their
    dependents under chapter 55 of title 10, United States Code,
    $1,184,720,000, to remain available until expended.

                          United States Secret Service

                             salaries and expenses

        For necessary expenses of the United States Secret Service,
    including purchase of not to exceed 645 vehicles for police-type use
    for replacement only, and hire of passenger motor vehicles; purchase of
    motorcycles made in the United States; hire of aircraft; services of
    expert witnesses at such rates as may be determined by the Director of
    the Secret Service; rental of buildings in the District of Columbia,
    and fencing, lighting, guard booths, and other facilities on private or
    other property not in Government ownership or control, as may be
    necessary to perform protective functions; payment of per diem or
    subsistence allowances to employees where a protective assignment
    during the actual day or days of the visit of a protectee requires an
    employee to work 16 hours per day or to remain overnight at a post of
    duty; conduct of and participation in firearms matches; presentation of
    awards; travel of United States Secret Service employees on protective
    missions without regard to the limitations on such expenditures in this
    or any other Act if approval is obtained in advance from the Committees
    on Appropriations of the Senate and the House of Representatives;
    research and development; grants to conduct behavioral research in
    support of protective research and operations; and payment in advance
    for commercial accommodations as may be necessary to perform protective
    functions; $1,381,771,000, of which $853,690,000 is for protective
    functions; of which not to exceed $25,000 shall be for official
    reception and representation expenses; of which not to exceed $100,000
    shall be to provide technical assistance and equipment to foreign law
    enforcement organizations in counterfeit investigations; of which
    $2,366,000 shall be for forensic and related support of investigations
    of missing and exploited children; and of which $6,000,000 shall be for
    a grant for activities related to the investigations of missing and
    exploited children and shall remain available until expended: Provided,
    That up to $18,000,000 provided for protective travel shall remain
    available until September 30, 2009: Provided further, That the United
    States Secret Service is authorized to obligate funds in anticipation
    of reimbursements from Federal agencies and entities, as defined in
    section 105 of title 5, United States Code, receiving training
    sponsored by the James J. Rowley Training Center, except that total
    obligations at the end of the fiscal year shall not exceed total
    budgetary resources available under this heading at the end of the
    fiscal year.

         acquisition, construction, improvements, and related expenses

        For necessary expenses for acquisition, construction, repair,
    alteration, and improvement of facilities, $3,725,000, to remain
    available until expended.

                                   TITLE III

                PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

                  National Protection and Programs Directorate

                         management and administration

        For salaries and expenses of the immediate Office of the Under
    Secretary for National Protection and Programs, the National Protection
    Planning Office, support for operations, information technology, and
    Risk Management and Analysis, $47,346,000: Provided, That not to exceed
    $5,000 shall be for official reception and representation expenses:
    Provided further, That of the total amount provided under this heading,
    $5,000,000 shall not be obligated until the Committees on
    Appropriations of the Senate and the House of Representatives receive
    and approve an expenditure plan by program, project, and activity.

               infrastructure protection and information security

        For necessary expenses for infrastructure protection and
    information security programs and activities, as authorized by title II
    of the Homeland Security Act of 2002 (6 U.S.C. 121 et seq.),
    $654,730,000, of which $586,960,000 shall remain available until
    September 30, 2009.

        united states visitor and immigrant status indicator technology

        For necessary expenses for the development of the United States
    Visitor and Immigrant Status Indicator Technology project, as
    authorized by section 110 of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), $475,000,000, to
    remain available until expended: Provided, That of the amount provided
    under this heading, $275,000,000 is designated as described in section
    5 (in the matter preceding division A of this consolidated Act):
    Provided further, That of the total amount made available under this
    heading, $125,000,000 may not be obligated for the United States
    Visitor and Immigrant Status Indicator Technology project until the
    Committees on Appropriations of the Senate and the House of
    Representatives receive and approve a plan for expenditure prepared by
    the Secretary of Homeland Security that includes:
                (1) a detailed accounting of the program's progress to date
            relative to system capabilities or services, system performance
            levels, mission benefits and outcomes, milestones, cost
            targets, and program management capabilities;
                (2) an explicit plan of action defining how all funds are
            to be obligated to meet future program commitments, with the
            planned expenditure of funds linked to the milestone-based
            delivery of specific capabilities, services, performance
            levels, mission benefits and outcomes, and program management
            capabilities;
                (3) a listing of all open Government Accountability Office
            and Office of Inspector General recommendations related to the
            program and the status of Department of Homeland Security
            actions to address the recommendations, including milestones
            for fully addressing them;
                (4) a certification by the Chief Procurement Officer of the
            Department that the program has been reviewed and approved in
            accordance with the investment management process of the
            Department, and that the process fulfills all capital planning
            and investment control requirements and reviews established by
            the Office of Management and Budget, including Circular A-11,
            part 7;
                (5) a certification by the Chief Information Officer of the
            Department of Homeland Security that an independent
            verification and validation agent is currently under contract
            for the project;
                (6) a certification by the Chief Information Officer of the
            Department that the system architecture of the program is
            sufficiently aligned with the information systems enterprise
            architecture of the Department to minimize future rework,
            including a description of all aspects of the architectures
            that were and were not assessed in making the alignment
            determination, the date of the alignment determination, and any
            known areas of misalignment along with the associated risks and
            corrective actions to address any such areas;
                (7) a certification by the Chief Procurement Officer of the
            Department that the plans for the program comply with the
            Federal acquisition rules, requirements, guidelines, and
            practices, and a description of the actions being taken to
            address areas of non-compliance, the risks associated with them
            along with any plans for addressing these risks, and the status
            of their implementation;
                (8) a certification by the Chief Information Officer of the
            Department that the program has a risk management process that
            regularly identifies, evaluates, mitigates, and monitors risks
            throughout the system life cycle, and communicates high-risk
            conditions to agency and Department of Homeland Security
            investment decisionmakers, as well as a listing of all the
            program's high risks and the status of efforts to address them;
                (9) a certification by the Chief Human Capital Officer of
            the Department that the human capital needs of the program are
            being strategically and proactively managed, and that current
            human capital capabilities are sufficient to execute the plans
            discussed in the report;
                (10) a complete schedule for the full implementation of a
            biometric exit program or a certification that such program is
            not possible within five years;
                (11) a detailed accounting of operation and maintenance,
            contractor services, and program costs associated with the
            management of identity services; and
                (12) is reviewed by the Government Accountability Office.

                            Office of Health Affairs

        For the necessary expenses of the Office of Health Affairs,
    $116,500,000; of which $24,317,000 is for salaries and expenses; and of
    which $92,183,000, to remain available until September 30, 2009, is for
    biosurveillance, BioWatch, medical readiness planning, chemical
    response, and other activities: Provided, That not to exceed $3,000
    shall be for official reception and representation expenses.

                      Federal Emergency Management Agency

                         management and administration

        For necessary expenses for management and administration of the
    Federal Emergency Management Agency, $664,000,000, including activities
    authorized by the National Flood Insurance Act of 1968 (42 U.S.C. 4001
    et seq.), the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
    Reduction Act of 1977 (42 U.S.C. 7701 et seq.), the Defense Production
    Act of 1950 (50 U.S.C. App. 2061 et seq.), sections 107 and 303 of the
    National Security Act of 1947 (50 U.S.C. 404, 405), Reorganization Plan
    No. 3 of 1978 (5 U.S.C. App.), the Homeland Security Act of 2002 (6
    U.S.C. 101 et seq.), and the Post-Katrina Emergency Management Reform
    Act of 2006 (Public Law 109-295; 120 Stat. 1394): Provided, That not to
    exceed $3,000 shall be for official reception and representation
    expenses: Provided further, That the President's budget submitted under
    section 1105(a) of title 31, United States Code, shall be detailed by
    office for the Federal Emergency Management Agency: Provided further,
    That of the total amount made available under this heading, $32,500,000
    shall be for the Urban Search and Rescue Response System, of which not
    to exceed $1,600,000 may be made available for administrative costs;
    and $6,000,000 shall be for the Office of National Capital Region
    Coordination: Provided further, That for purposes of planning,
    coordination, execution, and decisionmaking related to mass evacuation
    during a disaster, the Governors of the State of West Virginia and the
    Commonwealth of Pennsylvania, or their designees, shall be incorporated
    into efforts to integrate the activities of Federal, State, and local
    governments in the National Capital Region, as defined in section 882
    of Public Law 107-296, the Homeland Security Act of 2002.

                            state and local programs

                         (including transfer of funds)

        For grants, contracts, cooperative agreements, and other
    activities, $3,177,800,000 shall be allocated as follows:
                (1) $950,000,000 shall be for the State Homeland Security
            Grant Program under section 2004 of the Homeland Security Act
            of 2002 (6 U.S.C. 605) as amended by Implementing
            Recommendations of the 9/11 Commission Act of 2007 (Public Law
            110-53): Provided, That of the amount provided by this
            paragraph, $60,000,000 shall be for Operation Stonegarden and
            is designated as described in section 5 (in the matter
            preceding division A of this consolidated Act): Provided
            further, That notwithstanding subsection (c)(4) of such section
            2004, for fiscal year 2008, the Commonwealth of Puerto Rico
            shall make available to local and tribal governments amounts
            provided to the Commonwealth of Puerto Rico under this
            paragraph in accordance with subsection (c)(1) of such section
            2004;
                (2) $820,000,000 shall be for the Urban Area Security
            Initiative under section 2003 of the Homeland Security Act of
            2002 (6 U.S.C. 604) as amended by Implementing Recommendations
            of the 9/11 Commission Act of 2007 (Public Law 110-53), of
            which, notwithstanding subsection (c)(1) of such section,
            $15,000,000 shall be for grants to organizations (as described
            under section 501(c)(3) of the Internal Revenue Code of 1986
            and exempt from tax section 501(a) of such code) determined by
            the Secretary to be at high-risk of a terrorist attack;
                (3) $35,000,000 shall be for Regional Catastrophic
            Preparedness Grants;
                (4) $41,000,000 shall be for the Metropolitan Medical
            Response System under section 635 of the Post-Katrina Emergency
            Management Reform Act of 2006 (6 U.S.C. 723);
                (5) $15,000,000 shall be for the Citizens Corps Program;
                (6) $400,000,000 shall be for Public Transportation
            Security Assistance and Railroad Security Assistance under
            sections 1406 and 1513 of the Implementing Recommendations of
            the 9/11 Commission Act of 2007 (Public Law 110-53; 6 U.S.C.
            1135 and 1163), of which not less than $25,000,000 shall be for
            Amtrak security;
                (7) $400,000,000 shall be for Port Security Grants in
            accordance with 46 U.S.C. 70107;
                (8) $11,500,000 shall be for Over-the-Road Bus Security
            Assistance under section 1532 of the Implementing
            Recommendations of the 9/11 Commission Act of 2007 (Public Law
            110-53; 6 U.S.C. 1182);
                (9) $16,000,000 shall be for Trucking Industry Security
            Grants;
                (10) $50,000,000 shall be for Buffer Zone Protection
            Program Grants;
                (11) $50,000,000 shall be for grants under section 204 of
            the REAL ID Act of 2005 (Public Law 109-13; 49 U.S.C. 30301
            note): Provided, That the amount provided under this paragraph
            shall be designated as described in section 5 (in the matter
            preceding division A of this consolidated Act);
                (12) $25,000,000 shall be for the Commercial Equipment
            Direct Assistance Program;
                (13) $50,000,000 shall be for the Interoperable Emergency
            Communications Grant Program under section 1809 of the Homeland
            Security Act of 2002 (6 U.S.C. 579) as amended by Implementing
            Recommendations of the 9/11 Commission Act of 2007 (Public Law
            110-53);
                (14) $15,000,000 shall be for grants for construction of
            Emergency Operations Centers under section 614 of the Robert T.
            Stafford Disaster Relief and Emergency Assistance Act (42
            U.S.C. 5196c) as amended by Implementing Recommendations of the
            9/11 Commission Act of 2007 (Public Law 110-53); and
                (15) $299,300,000 shall be for training, exercises,
            technical assistance, and other programs:
    Provided, That not to exceed three percent of the amounts provided
    under this heading may be transferred to the Federal Emergency
    Management Agency ``Management and Administration'' account for program
    administration: Provided further, That for grants under paragraphs (1)
    through (5), the applications for grants shall be made available to
    eligible applicants not later than 25 days after the date of enactment
    of this Act, that eligible applicants shall submit applications not
    later than 90 days after the grant announcement, and that the
    Administrator of the Federal Emergency Management Agency shall act
    within 90 days after receipt of an application: Provided further, That
    for grants under paragraphs (6) through (11), the applications for
    grants shall be made available to eligible applicants not later than 30
    days after the date of enactment of this Act, that eligible applicants
    shall submit applications within 45 days after the grant announcement,
    and that the Federal Emergency Management Agency shall act not later
    than 60 days after receipt of an application: Provided further, That
    grantees shall provide additional reports on their use of funds, as
    determined necessary by the Secretary of Homeland Security: Provided
    further, That (a) the Center for Domestic Preparedness may provide
    training to emergency response providers from the Federal Government,
    foreign governments, or private entities, if the Center for Domestic
    Preparedness is reimbursed for the cost of such training, and any
    reimbursement under this subsection shall be credited to the account
    from which the expenditure being reimbursed was made and shall be
    available, without fiscal year limitation, for the purposes for which
    amounts in the account may be expended, (b) the head of the Center for
    Domestic Preparedness shall ensure that any training provided under (a)
    does not interfere with the primary mission of the Center to train
    State and local emergency response providers: Provided further, That
    the Government Accountability Office shall report to the Committees on
    Appropriations of the Senate and the House of Representatives regarding
    the data, assumptions, and methodology that the Department uses to
    assess risk and allocate Urban Area Security Initiative and State
    Homeland Security Grants not later than 45 days after the date of
    enactment of this Act: Provided further, That the report shall include
    the reliability and validity of the data used, the basis for the
    assumptions used, how the methodology is applied to determine the risk
    scores for individual locations, an analysis of the usefulness of
    placing States and cities into tier groups, and the allocation of
    grants to eligible locations: Provided further, That the Department
    provide the Government Accountability Office with the actual data that
    the Department used for its risk assessment and grant allocation for at
    least two locations at the discretion of the Government Accountability
    Office for the 2007 grant allocation process: Provided further, That
    the Department provide the Government Accountability Office with access
    to all data needed for its analysis and report, including specifics on
    all changes for the fiscal year 2008 process, including, but not
    limited to, all changes in data, assumptions, and weights used in
    methodology within seven days after the date of enactment of this Act:
    Provided further, That any subsequent changes made regarding the risk
    methodology after the initial information is provided to the Government
    Accountability Office shall be provided within seven days after the
    change is made.

                         firefighter assistance grants

        For necessary expenses for programs authorized by the Federal Fire
    Prevention and Control Act of 1974 (15 U.S.C. 2201 et seq.),
    $750,000,000, of which $560,000,000 shall be available to carry out
    section 33 of that Act (15 U.S.C. 2229) and $190,000,000 shall be
    available to carry out section 34 of that Act (15 U.S.C. 2229a), to
    remain available until September 30, 2009: Provided, That not to exceed
    five percent of the amount available under this heading shall be
    available for program administration.

                    emergency management performance grants

        For necessary expenses for emergency management performance grants,
    as authorized by the National Flood Insurance Act of 1968 (42 U.S.C.
    4001 et seq.), the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.), the Earthquake Hazards
    Reduction Act of 1977 (42 U.S.C. 7701 et seq.), and Reorganization Plan
    No. 3 of 1978 (5 U.S.C. App.), $300,000,000: Provided, That total
    administrative costs shall not exceed three percent of the total amount
    appropriated under this heading.

                  radiological emergency preparedness program

        The aggregate charges assessed during fiscal year 2008, as
    authorized in title III of the Departments of Veterans Affairs and
    Housing and Urban Development, and Independent Agencies Appropriations
    Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
    amounts anticipated by the Department of Homeland Security necessary
    for its radiological emergency preparedness program for the next fiscal
    year: Provided, That the methodology for assessment and collection of
    fees shall be fair and equitable and shall reflect costs of providing
    such services, including administrative costs of collecting such fees:
    Provided further, That fees received under this heading shall be
    deposited in this account as offsetting collections and will become
    available for authorized purposes on October 1, 2008, and remain
    available until expended.

                       united states fire administration

        For necessary expenses of the United States Fire Administration and
    for other purposes, as authorized by the Federal Fire Prevention and
    Control Act of 1974 (15 U.S.C. 2201 et seq.) and the Homeland Security
    Act of 2002 (6 U.S.C. 101 et seq.), $43,300,000.

                                disaster relief

                         (including transfer of funds)

        For necessary expenses in carrying out the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
    $1,400,000,000, to remain available until expended: Provided, That of
    the total amount provided, $16,000,000 shall be transferred to the
    Department of Homeland Security Office of Inspector General for audits
    and investigations related to disasters, subject to section 503 of this
    Act: Provided further, That up to $60,000,000 may be transferred to
    ``Management and Administration'', Federal Emergency Management Agency,
    of which $48,000,000 and 250 positions are for management and
    administration functions and $12,000,000 is for activities related to
    the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5121 et seq.): Provided further, That of the amount provided in
    the previous proviso, $30,000,000 shall not be available for transfer
    for management and administration functions until the Federal Emergency
    Management Agency submits an expenditure plan to the Committees on
    Appropriations of the Senate and the House of Representatives regarding
    the 250 positions: Provided further, That the Federal Emergency
    Management Agency shall hereafter submit a monthly ``Disaster Relief''
    report to the Committees on Appropriations of the Senate and the House
    of Representatives to include:
                (1) status of the Disaster Relief fund including
            obligations, allocations, and amounts undistributed/
            unallocated;
                (2) allocations, obligations, and expenditures for
            Hurricanes Katrina, Rita, and Wilma and all open disasters;
                (3) information on national flood insurance claims;
                (4) obligations, allocations, and expenditures by State for
            unemployment, crisis counseling, inspections, housing
            assistance, manufactured housing, public assistance, and
            individual assistance;
                (5) mission assignment obligations by agency, including:
                        (A) the amounts to other agencies that are in
                    suspense because the Federal Emergency Management
                    Agency has not yet reviewed and approved the
                    documentation supporting the expenditure or for which
                    an agency has been mission assigned but has not
                    submitted necessary documentation for reimbursement;
                        (B) an explanation if the amounts of reported
                    obligations and expenditures do not reflect the status
                    of such obligations and expenditures from a government-
                    wide perspective; and
                        (C) each such agency's actual obligation and
                    expenditure data;
                (6) the amount of credit card purchases by agency and
            mission assignment;
                (7) specific reasons for all waivers granted and a
            description of each waiver;
                (8) a list of all contracts that were awarded on a sole
            source or limited competition basis, including the dollar
            amount, the purpose of the contract, and the reason for the
            lack of competitive award; and
                (9) an estimate of when available appropriations will be
            exhausted, assuming an average disaster season:
    Provided further, That for any request for reimbursement from a Federal
    agency to the Department to cover expenditures under the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
    et seq.), or any mission assignment orders issued by the Department for
    such purposes, the Secretary of Homeland Security shall take
    appropriate steps to ensure that each agency is periodically reminded
    of Department policies on--
                (1) the detailed information required in supporting
            documentation for reimbursements, and
                (2) the necessity for timeliness of agency billings.

                disaster assistance direct loan program account

        For activities under section 319 of the Robert T. Stafford Disaster
    Relief and Emergency Assistance Act (42 U.S.C. 5162), $875,000, of
    which $580,000 is for administrative expenses to carry out the direct
    loan program and $295,000 is for the cost of direct loans: Provided,
    That gross obligations for the principal amount of direct loans shall
    not exceed $25,000,000: Provided further, That the cost of modifying
    such loans shall be as defined in section 502 of the Congressional
    Budget Act of 1974 (2 U.S.C. 661a).

                          flood map modernization fund

        For necessary expenses under section 1360 of the National Flood
    Insurance Act of 1968 (42 U.S.C. 4101), $220,000,000, and such
    additional sums as may be provided by State and local governments or
    other political subdivisions for cost-shared mapping activities under
    section 1360(f)(2) of such Act, to remain available until expended:
    Provided, That total administrative costs shall not exceed three
    percent of the total amount appropriated under this heading.

                         national flood insurance fund

                         (including transfer of funds)

        For activities under the National Flood Insurance Act of 1968 (42
    U.S.C. 4001 et seq.) and the Flood Disaster Protection Act of 1973 (42
    U.S.C. 4001 et seq.), $145,000,000, which is available as follows: (1)
    not to exceed $45,642,000 for salaries and expenses associated with
    flood mitigation and flood insurance operations; and (2) no less than
    $99,358,000 for flood hazard mitigation, which shall be derived from
    offsetting collections assessed and collected under section 1307 of the
    National Flood Insurance Act of 1968 (42 U.S.C. 4014), to remain
    available until September 30, 2009, including up to $34,000,000 for
    flood mitigation expenses under section 1366 of that Act (42 U.S.C.
    4104c), which shall be available for transfer to the National Flood
    Mitigation Fund under section 1367 of that Act (42 U.S.C. 4104) until
    September 30, 2009: Provided, That any additional fees collected
    pursuant to section 1307 of that Act shall be credited as an offsetting
    collection to this account, to be available for flood hazard mitigation
    expenses: Provided further, That in fiscal year 2008, no funds shall be
    available from the National Flood Insurance Fund under section 1310 of
    that Act (42 U.S.C. 4017) in excess of: (1) $70,000,000 for operating
    expenses; (2) $773,772,000 for commissions and taxes of agents; (3)
    such sums as are necessary for interest on Treasury borrowings; and (4)
    $90,000,000 for flood mitigation actions with respect to severe
    repetitive loss properties under section 1361A of that Act (42 U.S.C.
    4102a) and repetitive insurance claims properties under section 1323 of
    that Act (42 U.S.C. 4030), which shall remain available until expended:
    Provided further, That total administrative costs shall not exceed four
    percent of the total appropriation.

                         national flood mitigation fund

                         (including transfer of funds)

        Notwithstanding subparagraphs (B) and (C) of subsection (b)(3), and
    subsection (f), of section 1366 of the National Flood Insurance Act of
    1968, $34,000,000 (42 U.S.C. 4104c), to remain available until
    September 30, 2009, for activities designed to reduce the risk of flood
    damage to structures pursuant to such Act, of which $34,000,000 shall
    be derived from the National Flood Insurance Fund.

                      national predisaster mitigation fund

        For a predisaster mitigation grant program under title II of the
    Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
    U.S.C. 5131 et seq.), $114,000,000, to remain available until expended:
    Provided, That grants made for predisaster mitigation shall be awarded
    subject to the criteria in section 203(g) of such Act (42 U.S.C.
    5133(g)): Provided further, That the total administrative costs
    associated with such grants shall not exceed three percent of the total
    amount made available under this heading.

                           emergency food and shelter

        To carry out an emergency food and shelter program pursuant to
    title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
    11331 et seq.), $153,000,000, to remain available until expended:
    Provided, That total administrative costs shall not exceed 3.5 percent
    of the total amount made available under this heading.

                                    TITLE IV

                RESEARCH AND DEVELOPMENT, TRAINING, AND SERVICES

               United States Citizenship and Immigration Services

        For necessary expenses for citizenship and immigration services,
    $80,973,000: Provided, That of the amount provided under this heading,
    $80,000,000 is designated as described in section 5 (in the matter
    preceding division A of this consolidated Act): Provided further, That
    of the total, $20,000,000 is provided to address backlogs of security
    checks associated with pending applications and petitions and shall not
    be available for obligation until the Secretary of Homeland Security
    and the United States Attorney General submit to the Committees on
    Appropriations of the Senate and the House of Representatives a plan to
    eliminate the backlog of security checks that establishes information
    sharing protocols to ensure United States Citizenship and Immigration
    Services has the information it needs to carry out its mission:
    Provided further, That notwithstanding any other provision of law,
    funds available to United States Citizenship and Immigration Services
    may be used to acquire, operate, equip, and dispose of up to five
    vehicles for areas where the Administrator of General Services does not
    provide vehicles for lease: Provided further, That the Director of
    United States Citizenship and Immigration Services may authorize
    employees who are assigned to those areas to use such vehicles between
    the employees' residences and places of employment.

                    Federal Law Enforcement Training Center

                             salaries and expenses

        For necessary expenses of the Federal Law Enforcement Training
    Center, including materials and support costs of Federal law
    enforcement basic training; purchase of not to exceed 117 vehicles for
    police-type use and hire of passenger motor vehicles; expenses for
    student athletic and related activities; the conduct of and
    participation in firearms matches and presentation of awards; public
    awareness and enhancement of community support of law enforcement
    training; room and board for student interns; a flat monthly
    reimbursement to employees authorized to use personal mobile phones for
    official duties; and services as authorized by section 3109 of title 5,
    United States Code; $238,076,000, of which up to $48,111,000 for
    materials and support costs of Federal law enforcement basic training
    shall remain available until September 30, 2009; of which $300,000
    shall remain available until expended for Federal law enforcement
    agencies participating in training accreditation, to be distributed as
    determined by the Federal Law Enforcement Training Center for the needs
    of participating agencies; and of which not to exceed $12,000 shall be
    for official reception and representation expenses: Provided, That of
    the amount provided under this heading, $17,000,000 is designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act): Provided further, That the Center is authorized to
    obligate funds in anticipation of reimbursements from agencies
    receiving training sponsored by the Center, except that total
    obligations at the end of the fiscal year shall not exceed total
    budgetary resources available at the end of the fiscal year: Provided
    further, That section 1202(a) of Public Law 107-206 (42 U.S.C. 3771
    note) as amended by Public Law 109-295 (120 Stat. 1374) is further
    amended by striking ``December 31, 2007'' and inserting ``December 31,
    2010''.

         acquisitions, construction, improvements, and related expenses

        For acquisition of necessary additional real property and
    facilities, construction, and ongoing maintenance, facility
    improvements, and related expenses of the Federal Law Enforcement
    Training Center, $50,590,000, to remain available until expended:
    Provided, That of the amount provided under this heading, $4,000,000 is
    designated as described in section 5 (in the matter preceding division
    A of this consolidated Act): Provided further, That the Center is
    authorized to accept reimbursement to this appropriation from
    government agencies requesting the construction of special use
    facilities.

                             Science and Technology

                         management and administration

        For salaries and expenses of the Office of the Under Secretary for
    Science and Technology and for management and administration of
    programs and activities, as authorized by title III of the Homeland
    Security Act of 2002 (6 U.S.C. 181 et seq.), $138,600,000: Provided,
    That not to exceed $10,000 shall be for official reception and
    representation expenses.

               research, development, acquisition, and operations

        For necessary expenses for science and technology research,
    including advanced research projects; development; test and evaluation;
    acquisition; and operations; as authorized by title III of the Homeland
    Security Act of 2002 (6 U.S.C. 181 et seq.); $691,735,000, to remain
    available until expended: Provided, That none of the funds made
    available under this heading shall be obligated for the Analysis,
    Dissemination, Visualization, Insight, and Semantic Enhancement program
    or any follow-on or successor program.

                       Domestic Nuclear Detection Office

                         management and administration

        For salaries and expenses of the Domestic Nuclear Detection Office
    as authorized by the second title XVIII of the Homeland Security Act of
    2002 and for management and administration of programs and activities,
    $31,500,000: Provided, That not to exceed $3,000 shall be for official
    reception and representation expenses.

                     research, development, and operations

        For necessary expenses for radiological and nuclear research,
    development, testing, evaluation, and operations, $323,500,000, to
    remain available until expended.

                              systems acquisition

        For expenses for the Domestic Nuclear Detection Office acquisition
    and deployment of radiological detection systems in accordance with the
    global nuclear detection architecture, $129,750,000, to remain
    available until September 30, 2010: Provided, That none of the funds
    appropriated under this heading shall be obligated for full-scale
    procurement of Advanced Spectroscopic Portal Monitors until the
    Secretary of Homeland Security submits to the Committees on
    Appropriations of the Senate and the House of Representatives a report
    certifying that a significant increase in operational effectiveness
    will be achieved: Provided further, That the Secretary shall submit
    separate and distinct certifications prior to the procurement of
    Advanced Spectroscopic Portal Monitors for primary and secondary
    deployment that address the unique requirements for operational
    effectiveness of each type of deployment: Provided further, That the
    Secretary of Homeland Security shall consult with the National Academy
    of Sciences before making such certification: Provided further, That
    none of the funds appropriated under this heading shall be used for
    high-risk concurrent development and production of mutually dependent
    software and hardware.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501. 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. 502. Subject to the requirements of section 503 of this Act,
    the unexpended balances of prior appropriations provided for activities
    in this Act may be transferred to appropriation accounts for such
    activities established pursuant to this Act: Provided, That balances so
    transferred may be merged with funds in the applicable established
    accounts and thereafter may be accounted for as one fund for the same
    time period as originally enacted.
        Sec. 503. (a) None of the funds provided by this Act, provided by
    previous appropriations Acts to the agencies in or transferred to the
    Department of Homeland Security 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 a new program, project, or activity; (2) eliminates a program,
    project, office, or activity; (3) increases funds for any program,
    project, or activity for which funds have been denied or restricted by
    the Congress; (4) proposes to use funds directed for a specific
    activity by either of the Committees on Appropriations of the Senate or
    the House of Representatives for a different purpose; or (5) contracts
    out any function or activity for which funding levels were requested
    for Federal full-time equivalents in the object classification tables
    contained in the fiscal year 2008 Budget Appendix for the Department of
    Homeland Security, as specified in the explanatory statement described
    in section 4 (in the matter preceding division A of this consolidated
    Act), unless the Committees on Appropriations of the Senate and the
    House of Representatives are notified 15 days in advance of such
    reprogramming of funds.
        (b) None of the funds provided by this Act, provided by previous
    appropriations Acts to the agencies in or transferred to the Department
    of Homeland Security 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 programs, projects, or activities through
    a reprogramming of funds in excess of $5,000,000 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 the Congress; or (3) results from any general savings from a
    reduction in personnel that would result in a change in existing
    programs, projects, or activities as approved by the Congress; unless
    the Committees on Appropriations of the Senate and the House of
    Representatives are notified 15 days in advance of such reprogramming
    of funds.
        (c) Not to exceed 5 percent of any appropriation made available for
    the current fiscal year for the Department of Homeland Security by this
    Act or provided by previous appropriations Acts may be transferred
    between such appropriations, but no such appropriations, except as
    otherwise specifically provided, shall be increased by more than 10
    percent by such transfers: Provided, That any transfer under this
    section shall be treated as a reprogramming of funds under subsection
    (b) and shall not be available for obligation unless the Committees on
    Appropriations of the Senate and the House of Representatives are
    notified 15 days in advance of such transfer.
        (d) Notwithstanding subsections (a), (b), and (c) of this section,
    no funds shall be reprogrammed within or transferred between
    appropriations after June 30, except in extraordinary circumstances
    which imminently threaten the safety of human life or the protection of
    property.
        Sec. 504. None of the funds appropriated or otherwise made
    available to the Department of Homeland Security may be used to make
    payments to the ``Department of Homeland Security Working Capital
    Fund'', except for the activities and amounts allowed in the
    President's fiscal year 2008 budget, excluding sedan service, shuttle
    service, transit subsidy, mail operations, parking, and competitive
    sourcing: Provided, That any additional activities and amounts shall be
    approved by the Committees on Appropriations of the Senate and the
    House of Representatives 30 days in advance of obligation.
        Sec. 505. Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the
    end of fiscal year 2008 from appropriations for salaries and expenses
    for fiscal year 2008 in this Act shall remain available through
    September 30, 2009, in the account and for the purposes for which the
    appropriations were provided: Provided, That prior to the obligation of
    such funds, a request shall be submitted to the Committees on
    Appropriations of the Senate and the House of Representatives for
    approval in accordance with section 503 of this Act.
        Sec. 506. Funds made available by this Act for intelligence
    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 an Act authorizing
    intelligence activities for fiscal year 2008.
        Sec. 507. The Federal Law Enforcement Training Accreditation Board
    shall lead the Federal law enforcement training accreditation process,
    to include representatives from the Federal law enforcement community
    and non-Federal accreditation experts involved in law enforcement
    training, to continue the implementation of measuring and assessing the
    quality and effectiveness of Federal law enforcement training programs,
    facilities, and instructors.
        Sec. 508. None of the funds in this Act may be used to make a grant
    allocation, discretionary grant award, discretionary contract award, or
    to issue a letter of intent totaling in excess of $1,000,000, or to
    announce publicly the intention to make such an award, including a
    contract covered by the Federal Acquisition Regulation, unless the
    Secretary of Homeland Security notifies the Committees on
    Appropriations of the Senate and the House of Representatives at least
    three full business days in advance: Provided, That no notification
    shall involve funds that are not available for obligation: Provided
    further, That the notification shall include the amount of the award,
    the fiscal year in which the funds for the award were appropriated, and
    the account from which the funds are being drawn: Provided further,
    That the Federal Emergency Management Agency shall brief the Committees
    on Appropriations of the Senate and the House of Representatives five
    full business days in advance of announcing publicly the intention of
    making an award of State Homeland Security grants; Urban Area Security
    Initiative grants; or Regional Catastrophic Preparedness Grants.
        Sec. 509. Notwithstanding any other provision of law, no agency
    shall purchase, construct, or lease any additional facilities, except
    within or contiguous to existing locations, to be used for the purpose
    of conducting Federal law enforcement training without the advance
    approval of the Committees on Appropriations of the Senate and the
    House of Representatives, except that the Federal Law Enforcement
    Training Center is authorized to obtain the temporary use of additional
    facilities by lease, contract, or other agreement for training which
    cannot be accommodated in existing Center facilities.
        Sec. 510. The Director of the Federal Law Enforcement Training
    Center shall schedule basic and/or advanced law enforcement training at
    all four training facilities under the control of the Federal Law
    Enforcement Training Center to ensure that these training centers are
    operated at the highest capacity throughout the fiscal year.
        Sec. 511. None of the funds appropriated or otherwise made
    available by this Act may be used for expenses for any construction,
    repair, alteration, or acquisition project for which a prospectus, if
    required under chapter 33 of title 40, United States Code, has not been
    approved, except that necessary funds may be expended for each project
    for required expenses for the development of a proposed prospectus.
        Sec. 512. None of the funds in this Act may be used in
    contravention of the applicable provisions of the Buy American Act (41
    U.S.C. 10a et seq.).
        Sec. 513. (a) None of the funds provided by this or previous
    appropriations Acts may be obligated for deployment or implementation,
    on other than a test basis, of the Secure Flight program or any other
    follow-on or successor passenger prescreening program, until the
    Secretary of Homeland Security certifies, and the Government
    Accountability Office reports, to the Committees on Appropriations of
    the Senate and the House of Representatives, that all ten of the
    conditions contained in paragraphs (1) through (10) of section 522(a)
    of Public Law 108-334 (118 Stat. 1319) have been successfully met.
        (b) The report required by subsection (a) shall be submitted within
    90 days after the Secretary provides the requisite certification, and
    periodically thereafter, if necessary, until the Government
    Accountability Office confirms that all ten conditions have been
    successfully met.
        (c) Within 90 days after the date of enactment of this Act, the
    Secretary of Homeland Security shall submit to the Committees on
    Appropriations of the Senate and the House of Representatives a
    detailed plan that describes: (1) the dates for achieving key
    milestones, including the date or timeframes that the Secretary will
    certify the program under subsection (a); and (2) the methodology to be
    followed to support the Secretary's certification, as required under
    subsection (a).
        (d) During the testing phase permitted by subsection (a), no
    information gathered from passengers, foreign or domestic air carriers,
    or reservation systems may be used to screen aviation passengers, or
    delay or deny boarding to such passengers, except in instances where
    passenger names are matched to a Government watch list.
        (e) None of the funds provided in this or previous appropriations
    Acts may be utilized to develop or test algorithms assigning risk to
    passengers whose names are not on Government watch lists.
        (f) None of the funds provided in this or any other Act may be used
    for data or a database that is obtained from or remains under the
    control of a non-Federal entity: Provided, That this restriction shall
    not apply to Passenger Name Record data obtained from air carriers.
        Sec. 514. None of the funds made available in this Act may be used
    to amend the oath of allegiance required by section 337 of the
    Immigration and Nationality Act (8 U.S.C. 1448).
        Sec. 515. None of the funds appropriated by this Act may be used to
    process or approve a competition under Office of Management and Budget
    Circular A-76 for services provided as of June 1, 2004, by employees
    (including employees serving on a temporary or term basis) of United
    States Citizenship and Immigration Services of the Department of
    Homeland Security who are known as of that date as Immigration
    Information Officers, Contact Representatives, or Investigative
    Assistants.
        Sec. 516. None of the funds appropriated to the United States
    Secret Service by this Act or by previous appropriations Acts may be
    made available for the protection of the head of a Federal agency other
    than the Secretary of Homeland Security: Provided, That the Director of
    the United States Secret Service may enter into an agreement to perform
    such service on a fully reimbursable basis.
        Sec. 517. Section 517(b) of the Department of Homeland Security
    Appropriations Act, 2007 (18 U.S.C. 3056 note) is amended to read as
    follows:
        ``(b) For fiscal year 2008, and each fiscal year thereafter, the
    Director of the United States Secret Service may enter into an
    agreement to perform protection of a Federal official other than a
    person granted protection under section 3056(a) of title 18, United
    States Code, on a fully reimbursable basis.''.
        Sec. 518. (a) The Secretary of Homeland Security shall research,
    develop, and procure new technologies to inspect and screen air cargo
    carried on passenger aircraft at the earliest date possible.
        (b) Existing checked baggage explosive detection equipment and
    screeners shall be utilized to screen air cargo carried on passenger
    aircraft to the greatest extent practicable at each airport until
    technologies developed under subsection (a) are available.
        (c) The Assistant Secretary (Transportation Security
    Administration) shall work with air carriers and airports to ensure
    that the screening of cargo carried on passenger aircraft, as defined
    in section 44901(g)(5) of title 49, United States Code, increases
    incrementally each quarter.
        (d) Not later than 45 days after the end of each quarter, the
    Assistant Secretary (Transportation Security Administration) shall
    submit to the Committees on Appropriations of the Senate and the House
    of Representatives a report on air cargo inspection statistics by
    airport and air carrier detailing the incremental progress being made
    to meet section 44901(g)(2) of title 49, United States Code.
        Sec. 519. None of the funds made available in this Act may be used
    by any person other than the Privacy Officer appointed under section
    222 of the Homeland Security Act of 2002 (6 U.S.C. 142) to alter,
    direct that changes be made to, delay, or prohibit the transmission to
    Congress of any report prepared under paragraph (6) of such section.
        Sec. 520. No funding made available to the Department of Homeland
    Security in this Act shall be available to pay the salary of any
    employee serving as a contracting officer's technical representative
    (COTR), or anyone acting in a similar capacity, who has not received
    COTR training.
        Sec. 521. Except as provided in section 44945 of title 49, United
    States Code, funds appropriated or transferred to Transportation
    Security Administration ``Aviation Security'', ``Administration'' and
    ``Transportation Security Support'' for fiscal years 2004, 2005, 2006,
    and 2007 that are recovered or deobligated shall be available only for
    the procurement or installation of explosives detection systems, for
    air cargo, baggage, and checkpoint screening systems, subject to
    notification: Provided, That quarterly reports shall be submitted to
    the Committees on Appropriations of the Senate and the House of
    Representatives on any funds that are recovered or deobligated.
        Sec. 522. Section 525(d) of the Department of Homeland Security
    Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1382) shall
    apply to fiscal year 2008.
        Sec. 523. Any funds appropriated to United States Coast Guard,
    ``Acquisition, Construction, and Improvements'' for fiscal years 2002,
    2003, 2004, 2005, and 2006 for the 110-123 foot patrol boat conversion
    that are recovered, collected, or otherwise received as the result of
    negotiation, mediation, or litigation, shall be available until
    expended for the Replacement Patrol Boat (FRC-B) program.
        Sec. 524. The Department of Homeland Security Working Capital Fund,
    established pursuant to  section 403 of Public Law 103-356 (31 U.S.C.
    501 note), shall continue operations during fiscal year 2008.
        Sec. 525. None of the funds provided in this Act shall be available
    to commence operations of the National Applications Office or the
    National Immigration Information Sharing Operation until the Secretary
    certifies that these programs comply with all existing laws, including
    all applicable privacy and civil liberties standards, and that
    certification is reviewed by the Government Accountability Office.
        Sec. 526. Within 45 days after the close of each month, the Chief
    Financial Officer of the Department of Homeland Security shall submit
    to the Committees on Appropriations of the Senate and the House of
    Representatives a monthly budget and staffing report that includes
    total obligations, on-board versus funded full-time equivalent staffing
    levels, and the number of contract employees by office.
        Sec. 527. Section 532(a) of Public Law 109-295 is amended by
    striking ``2007'' and inserting ``2008''.
        Sec. 528. None of the funds made available by this Act shall be
    used in contravention of the Federal buildings performance and
    reporting requirements of Executive Order No. 13123, part 3 of title V
    of the National Energy Conservation Policy Act (42 U.S.C. 8251 et
    seq.), or subtitle A of title I of the Energy Policy Act of 2005
    (including the amendments made thereby).
        Sec. 529. The functions of the Federal Law Enforcement Training
    Center instructor staff shall be classified as inherently governmental
    for the purpose of the Federal Activities Inventory Reform Act of 1998
    (31 U.S.C. 501 note).
        Sec. 530. None of the funds made available in this Act may be used
    in contravention of section 303 of the Energy Policy Act of 1992 (42
    U.S.C. 13212).
        Sec. 531. None of the funds made available by this Act may be used
    to take an action that would violate Executive Order No. 13149 (65 Fed.
    Reg. 24607; relating to greening the Government through Federal fleet
    and transportation efficiency).
        Sec. 532. Subsections (a), (b), and (d)(1) of section 6402 of the
    U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq
    Accountability Appropriations Act, 2007 (Public Law 110-28) shall apply
    to fiscal year 2008.
        Sec. 533. None of the funds provided by this or any other Act may
    be obligated for the development, testing, deployment, or operation of
    any system related to the MAX-HR project, or any subsequent but related
    human resources management project, until any pending litigation
    concerning such activities is resolved, and any legal claim or appeal
    by either party has been fully resolved.
        Sec. 534. Section 550 of the Department of Homeland Security
    Appropriations Act, 2007 (6 U.S.C. 121 note) is amended by adding at
    the end the following:
        ``(h) This section shall not preclude or deny any right of any
    State or political subdivision thereof to adopt or enforce any
    regulation, requirement, or standard of performance with respect to
    chemical facility security that is more stringent than a regulation,
    requirement, or standard of performance issued under this section, or
    otherwise impair any right or jurisdiction of any State with respect to
    chemical facilities within that State, unless there is an actual
    conflict between this section and the law of that State.''.
        Sec. 535. (a) Amendments Relating to the Civil Service Retirement
    System.--
                (1) Definitions.--Section 8331 of title 5, United States
            Code, is amended--
                        (A) by striking ``and'' at the end of paragraph
                    (28), by striking the period at the end of the first
                    paragraph (29) and inserting a semicolon, by
                    redesignating the second paragraph (29) as paragraph
                    (30), and by striking the period at the end of
                    paragraph (30) (as so redesignated) and inserting ``;
                    and''; and
                        (B) by adding at the end the following:
                ``(31) `customs and border protection officer' means an
            employee in the Department of Homeland Security (A) who holds a
            position within the GS-1895 job series (determined applying the
            criteria in effect as of September 1, 2007) or any successor
            position, and (B) whose duties include activities relating to
            the arrival and departure of persons, conveyances, and
            merchandise at ports of entry, including any such employee who
            is transferred directly to a supervisory or administrative
            position in the Department of Homeland Security after
            performing such duties (as described in subparagraph (B)) in 1
            or more positions (as described in subparagraph (A)) for at
            least 3 years.''.
                (2) Deductions, contributions, and deposits.--Section 8334
            of title 5, United States Code, is amended--
                        (A) in subsection (a)(1)(A), by striking ``or
                    nuclear materials courier,'' and inserting ``nuclear
                    materials courier, or customs and border protection
                    officer,''; and
                        (B) in the table contained in subsection (c), by
                    adding at the end the following:

    ``Customs and border protection              7.5   After June 29,
     officer                                            2008.''.

                (3) Mandatory separation.--The first sentence of section
            8335(b)(1) of title 5, United States Code, is amended by
            striking ``or nuclear materials courier'' and inserting
            ``nuclear materials courier, or customs and border protection
            officer''.
                (4) Immediate retirement.--Section 8336 of title 5, United
            States Code, is amended--
                        (A) in subsection (c)(1), by striking ``or nuclear
                    materials courier'' and inserting ``nuclear materials
                    courier, or customs and border protection officer'';
                    and
                        (B) in subsections (m) and (n), by striking ``or as
                    a law enforcement officer,'' and inserting ``as a law
                    enforcement officer, or as a customs and border
                    protection officer,''.
        (b) Amendments Relating to the Federal Employees' Retirement
    System.--
                (1) Definitions.--Section 8401 of title 5, United States
            Code, is amended--
                        (A) in paragraph (34), by striking ``and'' at the
                    end;
                        (B) in paragraph (35), by striking the period and
                    inserting ``; and''; and
                        (C) by adding at the end the following:
                ``(36) the term `customs and border protection officer'
            means an employee in the Department of Homeland Security (A)
            who holds a position within the GS-1895 job series (determined
            applying the criteria in effect as of September 1, 2007) or any
            successor position, and (B) whose duties include activities
            relating to the arrival and departure of persons, conveyances,
            and merchandise at ports of entry, including any such employee
            who is transferred directly to a supervisory or administrative
            position in the Department of Homeland Security after
            performing such duties (as described in subparagraph (B)) in 1
            or more positions (as described in subparagraph (A)) for at
            least 3 years.''.
                (2) Immediate retirement.--Paragraphs (1) and (2) of
            section 8412(d) of title 5, United States Code, are amended by
            striking ``or nuclear materials courier,'' and inserting
            ``nuclear materials courier, or customs and border protection
            officer,''.
                (3) Computation of basic annuity.--Section 8415(h)(2) of
            title 5, United States Code, is amended by striking ``or air
            traffic controller.'' and inserting ``air traffic controller,
            or customs and border protection officer''.
                (4) Deductions from pay.--The table contained in section
            8422(a)(3) of title 5, United States Code, is amended by adding
            at the end the following:

    ``Customs and border protection              7.5   After June 29,
     officer                                            2008.''.

                (5) Government contributions.--Paragraphs (1)(B)(i) and (3)
            of section 8423(a) of title 5, United States Code, are amended
            by inserting ``customs and border protection officers,'' after
            ``nuclear materials couriers,'' each place it appears.
                (6) Mandatory separation.--Section 8425(b)(1) of title 5,
            United States Code, is amended--
                        (A) by striking ``or nuclear materials courier
                    who'' and inserting ``nuclear materials courier, or
                    customs and border protection officer who''; and
                        (B) by striking ``or nuclear materials courier,''
                    and inserting ``nuclear materials courier, or customs
                    and border protection officer''.
        (c) Maximum Age for Original Appointment.--Section 3307 of title 5,
    United States Code, is amended by adding at the end the following:
        ``(g) The Secretary of Homeland Security may determine and fix the
    maximum age limit for an original appointment to a position as a
    customs and border protection officer, as defined by section
    8401(36).''.
        (d) Regulations.--Any regulations necessary to carry out the
    amendments made by this section shall be prescribed by the Director of
    the Office of Personnel Management in consultation with the Secretary
    of Homeland Security.
        (e) Effective Date; Transition Rules.--
                (1) Effective date.--The amendments made by this section
            shall become effective on the later of June 30, 2008, or the
            first day of the first pay period beginning at least 6 months
            after the date of the enactment of this Act.
                (2) Transition rules.--
                        (A) Nonapplicability of mandatory separation
                    provisions to certain individuals.--The amendments made
                    by subsections (a)(3) and (b)(6), respectively, shall
                    not apply to an individual first appointed as a customs
                    and border protection officer before the effective date
                    under paragraph (1).
                        (B) Treatment of prior cbpo service.--
                                (i) General rule.--Except as provided in
                            clause (ii), nothing in this section or any
                            amendment made by this section shall be
                            considered to apply with respect to any service
                            performed as a customs and border protection
                            officer before the effective date under
                            paragraph (1).
                                (ii) Exception.--Service described in
                            section 8331(31) or 8401(36) of title 5, United
                            States Code (as amended by this section)
                            rendered before the effective date under
                            paragraph (1) may be taken into account to
                            determine if an individual who is serving on or
                            after such effective date then qualifies as a
                            customs and border protection officer by virtue
                            of holding a supervisory or administrative
                            position in the Department of Homeland
                            Security.
                        (C) Minimum annuity amount.--The annuity of an
                    individual serving as a customs and border protection
                    officer on the effective date under paragraph (1)
                    pursuant to an appointment made before that date shall,
                    to the extent that its computation is based on service
                    rendered as a customs and border protection officer on
                    or after that date, be at least equal to the amount
                    that would be payable--
                                (i) to the extent that such service is
                            subject to the Civil Service Retirement System,
                            by applying section 8339(d) of title 5, United
                            States Code, with respect to such service; and
                                (ii) to the extent such service is subject
                            to the Federal Employees' Retirement System, by
                            applying section 8415(d) of title 5, United
                            States Code, with respect to such service.
                        (D) Rule of construction.--Nothing in the amendment
                    made by subsection (c) shall be considered to apply
                    with respect to any appointment made before the
                    effective date under paragraph (1).
                (3) Election.--
                        (A) Incumbent defined.--For purposes of this
                    paragraph, the term ``incumbent'' means an individual
                    who is serving as a customs and border protection
                    officer on the date of the enactment of this Act.
                        (B) Notice requirement.--Not later than 30 days
                    after the date of the enactment of this Act, the
                    Director of the Office of Personnel Management shall
                    take measures reasonably designed to ensure that
                    incumbents are notified as to their election rights
                    under this paragraph, and the effect of making or not
                    making a timely election.
                        (C) Election available to incumbents.--
                                (i) In general.--An incumbent may elect,
                            for all purposes, either--
                                        (I) to be treated in accordance
                                    with the amendments made by subsection
                                    (a) or (b), as applicable; or
                                        (II) to be treated as if
                                    subsections (a) and (b) had never been
                                    enacted.
                            Failure to make a timely election under this
                            paragraph shall be treated in the same way as
                            an election made under subclause (I) on the
                            last day allowable under clause (ii).
                                (ii) Deadline.--An election under this
                            paragraph shall not be effective unless it is
                            made at least 14 days before the effective date
                            under paragraph (1).
                (4) Definition.--For purposes of this subsection, the term
            ``customs and border protection officer'' has the meaning given
            such term by section 8331(31) or 8401(36) of title 5, United
            States Code (as amended by this section).
                (5) Exclusion.--Nothing in this section or any amendment
            made by this section shall be considered to afford any election
            or to otherwise apply with respect to any individual who, as of
            the day before the date of the enactment of this Act--
                        (A) holds a position within U.S. Customs and Border
                    Protection; and
                        (B) is considered a law enforcement officer for
                    purposes of subchapter III of chapter 83 or chapter 84
                    of title 5, United States Code, by virtue of such
                    position.
        Sec. 536. In fiscal year 2008, none of funds made available in this
    or any other Act may be used to enforce section 4025(1) of Public Law
    108-458 unless the Assistant Secretary (Transportation Security
    Administration) reverses the determination of July 19, 2007, that
    butane lighters are not a significant threat to civil aviation
    security.
        Sec. 537. None of the funds provided in this Act may be used to
    alter or reduce operations within the Civil Engineering Program of the
    Coast Guard nationwide, including the civil engineering units,
    facilities, design and construction centers, maintenance and logistics
    command centers, and the Coast Guard Academy, except as specifically
    authorized by a statute enacted after the date of enactment of this
    Act.
        Sec. 538. The cumulative amount appropriated in title I of this Act
    for the ``Office of the Secretary and Executive Management'' and the
    ``Office of the Under Secretary for Management'' shall be reduced by
    $5,000,000.
        Sec. 539. (a) Except as provided in subsection (b), none of the
    funds appropriated in this Act to the Office of the Secretary and
    Executive Management, the Office of the Under Secretary for Management
    and the Office of the Chief Financial Officer, may be obligated for a
    grant or contract awarded by a means other than full and open
    competition.
        (b) This section does not apply to obligation of funds for a
    contract awarded--
                (1) by a means that is required by a Federal statute,
            including obligation for a purchase made under a mandated
            preferential program, such as the AbilityOne Program, that is
            authorized under the Javits-Wagner-O'Day Act (41 U.S.C. 46-
            48c); or
                (2) under the Small Business Act (15 U.S.C. 631 et seq.).
        (c) The Secretary of Homeland Security may waive the application of
    this section to the award of a contract in the period of a national
    emergency determined by the Secretary.
        (d) In addition to the requirements established by this section,
    the Inspector General for the Department of Homeland Security shall
    review departmental contracts awarded through other than full and open
    competition to assess departmental compliance with applicable laws and
    regulations: Provided, That the Inspector General shall review selected
    contracts awarded during the previous fiscal year through other than
    full and open competition: Provided further, That in determining which
    contracts to review, the Inspector General shall consider the cost and
    complexity of the goods and services to be provided under the contract,
    the criticality of the contract to fulfilling Department missions, past
    performance problems on similar contracts or by the selected vendor,
    complaints received about the award process or contractor performance,
    and such other factors as the Inspector General deems relevant:
    Provided further, That the Inspector General shall report the results
    of the reviews to the Committees on Appropriations of the Senate and
    the House of Representatives.
        Sec. 540. Section 44940(a)(2) of title 49, United States Code, is
    amended by striking the period in the last sentence of subparagraph (A)
    and the clause (iv) of subparagraph B and adding the following,
    ``except for estimates and additional collections made pursuant to the
    appropriation for Aviation Security in Public Law 108-334: Provided,
    That such judicial review shall be pursuant to section 46110 of title
    49, United States Code: Provided further, That such judicial review
    shall be limited only to additional amounts collected by the Secretary
    before October 1, 2007.''.
        Sec. 541. None of the funds provided by this or previous
    appropriations Acts shall be used to fund any position designated as a
    Principal Federal Official for any Robert T. Stafford Disaster Relief
    and Emergency Assistance Act declared disasters or emergencies.
        Sec. 542. Section 46301(a) of title 49, United States Code, is
    amended by adding at the end the following:
                ``(6) Failure To Collect Airport Security Badges.--
            Notwithstanding paragraph (1), any employer (other than a
            governmental entity or airport operator) who employs an
            employee to whom an airport security badge or other identifier
            used to obtain access to a secure area of an airport is issued
            before, on, or after the date of enactment of this paragraph
            and who does not collect or make reasonable efforts to collect
            such badge from the employee on the date that the employment of
            the employee is terminated and does not notify the operator of
            the airport of such termination within 24 hours of the date of
            such termination shall be liable to the Government for a civil
            penalty not to exceed $10,000.''.
        Sec. 543. None of the funds made available in this Act may be used
    by United States Citizenship and Immigration Services to grant an
    immigration benefit unless the results of background checks required by
    law to be completed prior to the grant of the benefit have been
    received by United States Citizenship and Immigration Services, and the
    results do not preclude the grant of the benefit.
        Sec. 544. None of the funds made available in this Act may be used
    to destroy or put out to pasture any horse or other equine belonging to
    the Federal Government that has become unfit for service, unless the
    trainer or handler is first given the option to take possession of the
    equine through an adoption program that has safeguards against
    slaughter and inhumane treatment.
        Sec. 545. Extension of the Implementation Deadline for the Western
    Hemisphere Travel Initiative. Subparagraph (A) of section 7209(b)(1) of
    the Intelligence Reform and Terrorism Prevention Act of 2004 (Public
    Law 108-458; 8 U.S.C. 1185 note) is amended by striking ``This plan
    shall be implemented not later than three months after the Secretary of
    State and the Secretary of Homeland Security make the certifications
    required in subsection (B), or June 1, 2009, whichever is earlier.''
    and inserting ``Such plan may not be implemented earlier than the date
    that is the later of 3 months after the Secretary of State and the
    Secretary of Homeland Security make the certification required in
    subparagraph (B) or June 1, 2009.''.
        Sec. 546. None of the funds provided in this Act shall be available
    to carry out section 872 of Public Law 107-296.
        Sec. 547. None of the funds provided in this Act under the heading
    ``Office of the Chief Information Officer'' shall be used for data
    center development other than for the National Center for Critical
    Information Processing and Storage until the Chief Information Officer
    certifies that the National Center for Critical Information Processing
    and Storage is fully utilized, to the maximum extent feasible, as the
    Department's primary data storage center at the highest capacity
    throughout the fiscal year.
        Sec. 548. None of the funds in this Act shall be used to reduce the
    United States Coast Guard's Operations Systems Center mission or its
    government-employed or contract staff levels.
        Sec. 549. None of the funds appropriated by this Act may be used to
    conduct, or to implement the results of, a competition under Office of
    Management and Budget Circular A-76 for activities performed with
    respect to the Coast Guard National Vessel Documentation Center.
        Sec. 550. (a) Notwithstanding section 503 of this Act, up to
    $24,000,000 from prior year balances currently available to the
    Transportation Security Administration may be transferred to
    ``Transportation Threat Assessment and Credentialing'' for the Secure
    Flight program.
        (b) In carrying out the transfer authority under subsection (a),
    the Transportation Security Administration shall not utilize any prior
    year balances from the following programs: screener partnership
    program; explosives detection system purchase; explosives detection
    system installation; checkpoint support; aviation regulation and other
    enforcement; air cargo; and air cargo research and development:
    Provided, That any funds proposed to be transferred under this section
    shall not be available for obligation until the Committees on
    Appropriations of the Senate and the House of Representatives receive
    and approve a plan for expenditure for such funds that is submitted by
    the Secretary of Homeland Security: Provided further, That the plan
    shall be submitted simultaneously to the Government Accountability
    Office for review consistent with its ongoing assessment of the Secure
    Flight Program as mandated by section 522(a) of Public Law 108-334 (118
    Stat. 1319).
        Sec. 551. Rescissions. (a) The following unobligated balances made
    available pursuant to section 505 of Public Law 109-295 are rescinded:
    $2,003,441 from U.S. Customs and Border Protection ``Salaries and
    Expenses''; $9,583,611 from Coast Guard ``Operating Expenses'';
    $672,230 from ``United States Citizenship and Immigration Services'';
    $2,790,513 from Federal Emergency Management Agency ``Management and
    Administration''; $127,994 from Federal Emergency Management Agency
    ``Disaster Assistance Direct Loan Program Account''; $5,136,819 from
    U.S. Immigration and Customs Enforcement ``Salaries and Expenses'';
    $333,520 from Federal Law Enforcement Training Center ``Salaries and
    Expenses''; $4,211,376 from the ``Office of the Secretary and Executive
    Management''; $443,672 from the ``Office of the Under Secretary for
    Management''; $380,166 from the ``Office of the Chief Financial
    Officer''; $493,106 from the ``Office of the Chief Information
    Officer''; $368,166 from Domestic Nuclear Detection Office ``Management
    and Administration''; $45,369 from the ``Office of Health Affairs'';
    $32,299 from the ``Office of Inspector General''; $1,994,454 from
    National Protection and Programs Directorate ``Management and
    Administration''; and $216,727 from Science and Technology ``Management
    and Administration''.
        (b) From the unobligated balances of funds transferred to the
    Department of Homeland Security when it was created in 2003,
    $59,286,537 are rescinded: Provided, That the rescission made under
    this subsection shall not be executed from the following programs:
    Coast Guard Retired Pay; U.S. Immigration and Customs Enforcement
    Violent Crime Reduction Program; Federal Law Enforcement Training
    Center Instructor Salaries; and Federal Emergency Management Agency
    National Security Support.
        (c) Of the amounts available under the heading ``Counterterrorism
    Fund'', $8,480,000 are rescinded.
        (d) Of the unobligated balances available in the ``Department of
    Homeland Security, Transportation Security Administration Expenses''
    account, $4,500,000 are rescinded.
        Sec. 552. Notwithstanding any other provision of law, the Secretary
    of Homeland Security shall, under the Federal Emergency Management
    Agency Public Assistance Program, provide a single payment for any
    eligible costs for local educational agencies impacted by Hurricanes
    Katrina or Rita within 30 days of such request: Provided, That the
    payment for schools in Louisiana shall be submitted to the Louisiana
    Department of Education, which may expend up to three percent of those
    funds for administrative costs: Provided further, That the Federal
    Emergency Management Agency shall not reduce assistance in accordance
    with section 406(c)(1) of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act for local educational agencies impacted by
    Hurricanes Katrina or Rita: Provided further, That nothing in the
    previous proviso shall be construed to alter the appeals or review
    process: Provided further, That section 406(d) of the Robert T.
    Stafford Disaster Relief and Emergency Assistance Act shall not apply
    to more than one facility on a school site impacted by Hurricanes
    Katrina or Rita.
        Sec. 553. Technical Corrections. (a) In General.--
                (1) Redesignations.--Chapter 27 of title 18, United States
            Code, is amended by redesignating section 554 added by section
            551(a) of the Department of Homeland Security Appropriations
            Act, 2007 (Public Law 109-295; 120 Stat. 1389) (relating to
            border tunnels and passages) as section 555.
                (2) Table of sections.--The table of sections for chapter
            27 of title 18, United States Code, is amended by striking the
            item relating to section 554, ``Border tunnels and passages'',
            and inserting the following:

    ``555. Border tunnels and passages.''.
        (b) Criminal Forfeiture.--Section 982(a)(6) of title 18, United
    States Code, is amended by striking ``554'' and inserting ``555''.
        (c) Directive to the United States Sentencing Commission.--Section
    551(d) of the Department of Homeland Security Appropriations Act, 2007
    (Public Law 109-295; 120 Stat. 1390) is amended in paragraphs (1) and
    (2)(A) by striking ``554'' and inserting ``555''.
        Sec. 554. Sections 2241, 2242, 2243, and 2244 of title 18, United
    States Code, are each amended by striking ``the Attorney General'' each
    place that term appears and inserting ``the head of any Federal
    department or agency''.
        Sec. 555. Not later than 30 days after the date of enactment of
    this Act--
                (1) the Secretary of Homeland Security shall establish and
            maintain on the homepage of the website of the Department of
            Homeland Security, a direct link to the website of the Office
            of Inspector General of the Department of Homeland Security;
            and
                (2) the Inspector General of the Department of Homeland
            Security shall establish and maintain on the homepage of the
            website of the Office of Inspector General a direct link for
            individuals to anonymously report waste, fraud, or abuse.
        Sec. 556. The Secretary of Homeland Security shall require that all
    contracts of the Department of Homeland Security that provide award
    fees link such fees to successful acquisition outcomes (which outcomes
    shall be specified in terms of cost, schedule, and performance).
        Sec. 557. None of the funds made available to the Office of the
    Secretary and Executive Management under this Act may be expended for
    any new hires by the Department of Homeland Security that are not
    verified through the basic pilot program required under section 401 of
    the Illegal Immigration Reform and Immigrant Responsibility Act of 1996
    (8 U.S.C. 1324a note).
        Sec. 558. None of the funds made available in this Act for U.S.
    Customs and Border Protection may be used to prevent an individual not
    in the business of importing a prescription drug (within the meaning of
    section 801(g) of the Federal Food, Drug, and Cosmetic Act) from
    importing a prescription drug from Canada that complies with the
    Federal Food, Drug, and Cosmetic Act: Provided, That this section shall
    apply only to individuals transporting on their person a personal-use
    quantity of the prescription drug, not to exceed a 90-day supply:
    Provided further, That the prescription drug may not be--
                (1) a controlled substance, as defined in section 102 of
            the Controlled Substances Act (21 U.S.C. 802); or
                (2) a biological product, as defined in section 351 of the
            Public Health Service Act (42 U.S.C. 262).
        Sec. 559. None of the funds made available in this Act may be used
    by the Secretary of Homeland Security or any delegate of the Secretary
    to issue any rule or regulation which implements the Notice of Proposed
    Rulemaking related to Petitions for Aliens To Perform Temporary
    Nonagricultural Services or Labor (H-2B) set out beginning on 70
    Federal Register 3984 (January 27, 2005).
        Sec. 560. Notwithstanding any other provision of law, Watsonville
    Community Hospital, or its successor trust, shall not be required to
    pay the Federal Emergency Management Agency additional funds related to
    DR-845.
        Sec. 561. Notwithstanding any other provision of law, the Secretary
    of Homeland Security shall provide, under the Federal Emergency
    Management Agency Public Assistance Program, the relocation costs as
    estimated by the Federal Emergency Management Agency on May 5, 2006,
    for the Peebles School in Iberia Parish, Louisiana, which was damaged
    by Hurricane Rita in 2005.
        Sec. 562. Notwithstanding any other provision of law, the Secretary
    of Homeland Security shall provide, under the Federal Emergency
    Management Agency Public Assistance Program, the currently
    uncompensated debris removal costs from Super Typhoon Paka and the
    firefighting costs associated with the Malojloj hardfill fire in 1998.
        Sec. 563. Secure Handling of Ammonium Nitrate.--(a) In General.--
    Title VIII of the Homeland Security Act of 2002 (6 U.S.C. 361 et seq.)
    is amended by adding at the end the following:

               ``Subtitle J--Secure Handling of Ammonium Nitrate

    ``SEC. 899A. DEFINITIONS.

        ``In this subtitle:
                ``(1) Ammonium nitrate.--The term `ammonium nitrate'
            means--
                        ``(A) solid ammonium nitrate that is chiefly the
                    ammonium salt of nitric acid and contains not less than
                    33 percent nitrogen by weight; and
                        ``(B) any mixture containing a percentage of
                    ammonium nitrate that is equal to or greater than the
                    percentage determined by the Secretary under section
                    899B(b).
                ``(2) Ammonium nitrate facility.--The term `ammonium
            nitrate facility' means any entity that produces, sells or
            otherwise transfers ownership of, or provides application
            services for ammonium nitrate.
                ``(3) Ammonium nitrate purchaser.--The term `ammonium
            nitrate purchaser' means any person who purchases ammonium
            nitrate from an ammonium nitrate facility.

    ``SEC. 899B. REGULATION OF THE SALE AND TRANSFER OF AMMONIUM NITRATE.

        ``(a) In General.--The Secretary shall regulate the sale and
    transfer of ammonium nitrate by an ammonium nitrate facility in
    accordance with this subtitle to prevent the misappropriation or use of
    ammonium nitrate in an act of terrorism.
        ``(b) Ammonium Nitrate Mixtures.--Not later than 90 days after the
    date of the enactment of this subtitle, the Secretary, in consultation
    with the heads of appropriate Federal departments and agencies
    (including the Secretary of Agriculture), shall, after notice and an
    opportunity for comment, establish a threshold percentage for ammonium
    nitrate in a substance.
        ``(c) Registration of Owners of Ammonium Nitrate Facilities.--
                ``(1) Registration.--The Secretary shall establish a
            process by which any person that--
                        ``(A) owns an ammonium nitrate facility is required
                    to register with the Department; and
                        ``(B) registers under subparagraph (A) is issued a
                    registration number for purposes of this subtitle.
                ``(2)  Registration information.--Any person applying to
            register under paragraph (1) shall submit to the Secretary--
                        ``(A) the name, address, and telephone number of
                    each ammonium nitrate facility owned by that person;
                        ``(B) the name of the person designated by that
                    person as the point of contact for each such facility,
                    for purposes of this subtitle; and
                        ``(C) such other information as the Secretary may
                    determine is appropriate.
        ``(d) Registration of Ammonium Nitrate Purchasers.--
                ``(1) Registration.--The Secretary shall establish a
            process by which any person that--
                        ``(A) intends to be an ammonium nitrate purchaser
                    is required to register with the Department; and
                        ``(B) registers under subparagraph (A) is issued a
                    registration number for purposes of this subtitle.
                ``(2)  Registration information.--Any person applying to
            register under paragraph (1) as an ammonium nitrate purchaser
            shall submit to the Secretary--
                        ``(A) the name, address, and telephone number of
                    the applicant; and
                        ``(B) the intended use of ammonium nitrate to be
                    purchased by the applicant.
        ``(e) Records.--
                ``(1) Maintenance of records.--The owner of an ammonium
            nitrate facility shall--
                        ``(A) maintain a record of each sale or transfer of
                    ammonium nitrate, during the two-year period beginning
                    on the date of that sale or transfer; and
                        ``(B) include in such record the information
                    described in paragraph (2).
                ``(2) Specific information required.--For each sale or
            transfer of ammonium nitrate, the owner of an ammonium nitrate
            facility shall--
                        ``(A) record the name, address, telephone number,
                    and registration number issued under subsection (c) or
                    (d) of each person that purchases ammonium nitrate, in
                    a manner prescribed by the Secretary;
                        ``(B) if applicable, record the name, address, and
                    telephone number of an agent acting on behalf of the
                    person described in subparagraph (A), at the point of
                    sale;
                        ``(C) record the date and quantity of ammonium
                    nitrate sold or transferred; and
                        ``(D) verify the identity of the persons described
                    in subparagraphs (A) and (B), as applicable, in
                    accordance with a procedure established by the
                    Secretary.
                ``(3) Protection of information.--In maintaining records in
            accordance with paragraph (1), the owner of an ammonium nitrate
            facility shall take reasonable actions to ensure the protection
            of the information included in such records.
        ``(f) Exemption for Explosive Purposes.--The Secretary may exempt
    from this subtitle a person producing, selling, or purchasing ammonium
    nitrate exclusively for use in the production of an explosive under a
    license or permit issued under chapter 40 of title 18, United States
    Code.
        ``(g) Consultation.--In carrying out this section, the Secretary
    shall consult with the Secretary of Agriculture, States, and
    appropriate private sector entities, to ensure that the access of
    agricultural producers to ammonium nitrate is not unduly burdened.
        ``(h) Data Confidentiality.--
                ``(1) In general.--Notwithstanding section 552 of title 5,
            United States Code, or the USA PATRIOT ACT (Public Law 107-56;
            115 Stat. 272), and except as provided in paragraph (2), the
            Secretary may not disclose to any person any information
            obtained under this subtitle.
                ``(2) Exception.--The Secretary may disclose any
            information obtained by the Secretary under this subtitle to--
                        ``(A) an officer or employee of the United States,
                    or a person that has entered into a contract with the
                    United States, who has a need to know the information
                    to perform the duties of the officer, employee, or
                    person; or
                        ``(B) to a State agency under section 899D, under
                    appropriate arrangements to ensure the protection of
                    the information.
        ``(i) Registration Procedures and Check of Terrorist Screening
    Database.--
                ``(1) Registration procedures.--
                        ``(A) Generally.--The Secretary shall establish
                    procedures to efficiently receive applications for
                    registration numbers under this subtitle, conduct the
                    checks required under paragraph (2), and promptly issue
                    or deny a registration number.
                        ``(B) Initial six-month registration period.--The
                    Secretary shall take steps to maximize the number of
                    registration applications that are submitted and
                    processed during the six-month period described in
                    section 899F(e).
                ``(2) Check of terrorist screening database.--
                        ``(A) Check required.--The Secretary shall conduct
                    a check of appropriate identifying information of any
                    person seeking to register with the Department under
                    subsection (c) or (d) against identifying information
                    that appears in the terrorist screening database of the
                    Department.
                        ``(B) Authority to deny registration number.--If
                    the identifying information of a person seeking to
                    register with the Department under subsection (c) or
                    (d) appears in the terrorist screening database of the
                    Department, the Secretary may deny issuance of a
                    registration number under this subtitle.
                ``(3) Expedited review of applications.--
                        ``(A) In general.--Following the six-month period
                    described in section 899F(e), the Secretary shall, to
                    the extent practicable, issue or deny registration
                    numbers under this subtitle not later than 72 hours
                    after the time the Secretary receives a complete
                    registration application, unless the Secretary
                    determines, in the interest of national security, that
                    additional time is necessary to review an application.
                        ``(B) Notice of application status.--In all cases,
                    the Secretary shall notify a person seeking to register
                    with the Department under subsection (c) or (d) of the
                    status of the application of that person not later than
                    72 hours after the time the Secretary receives a
                    complete registration application.
                ``(4) Expedited appeals process.--
                        ``(A) Requirement.--
                                ``(i) Appeals process.--The Secretary shall
                            establish an expedited appeals process for
                            persons denied a registration number under this
                            subtitle.
                                ``(ii) Time period for resolution.--The
                            Secretary shall, to the extent practicable,
                            resolve appeals not later than 72 hours after
                            receiving a complete request for appeal unless
                            the Secretary determines, in the interest of
                            national security, that additional time is
                            necessary to resolve an appeal.
                        ``(B) Consultation.--The Secretary, in developing
                    the appeals process under subparagraph (A), shall
                    consult with appropriate stakeholders.
                        ``(C) Guidance.--The Secretary shall provide
                    guidance regarding the procedures and information
                    required for an appeal under subparagraph (A) to any
                    person denied a registration number under this
                    subtitle.
                ``(5) Restrictions on use and maintenance of information.--
                        ``(A) In general.--Any information constituting
                    grounds for denial of a registration number under this
                    section shall be maintained confidentially by the
                    Secretary and may be used only for making
                    determinations under this section.
                        ``(B) Sharing of information.--Notwithstanding any
                    other provision of this subtitle, the Secretary may
                    share any such information with Federal, State, local,
                    and tribal law enforcement agencies, as appropriate.
                ``(6) Registration information.--
                        ``(A) Authority to require information.--The
                    Secretary may require a person applying for a
                    registration number under this subtitle to submit such
                    information as may be necessary to carry out the
                    requirements of this section.
                        ``(B) Requirement to update information.--The
                    Secretary may require persons issued a registration
                    under this subtitle to update registration information
                    submitted to the Secretary under this subtitle, as
                    appropriate.
                ``(7) Re-checks against terrorist screening database.--
                        ``(A) Re-checks.--The Secretary shall, as
                    appropriate, recheck persons provided a registration
                    number pursuant to this subtitle against the terrorist
                    screening database of the Department, and may revoke
                    such registration number if the Secretary determines
                    such person may pose a threat to national security.
                        ``(B) Notice of revocation.--The Secretary shall,
                    as appropriate, provide prior notice to a person whose
                    registration number is revoked under this section and
                    such person shall have an opportunity to appeal, as
                    provided in paragraph (4).

    ``SEC. 899C. INSPECTION AND AUDITING OF RECORDS.

        ``The Secretary shall establish a process for the periodic
    inspection and auditing of the records maintained by owners of ammonium
    nitrate facilities for the purpose of monitoring compliance with this
    subtitle or for the purpose of deterring or preventing the
    misappropriation or use of ammonium nitrate in an act of terrorism.

    ``SEC. 899D. ADMINISTRATIVE PROVISIONS.

        ``(a) Cooperative Agreements.--The Secretary--
                ``(1) may enter into a cooperative agreement with the
            Secretary of Agriculture, or the head of any State department
            of agriculture or its designee involved in agricultural
            regulation, in consultation with the State agency responsible
            for homeland security, to carry out the provisions of this
            subtitle; and
                ``(2) wherever possible, shall seek to cooperate with State
            agencies or their designees that oversee ammonium nitrate
            facility operations when seeking cooperative agreements to
            implement the registration and enforcement provisions of this
            subtitle.
        ``(b) Delegation.--
                ``(1) Authority.--The Secretary may delegate to a State the
            authority to assist the Secretary in the administration and
            enforcement of this subtitle.
                ``(2) Delegation required.--At the request of a Governor of
            a State, the Secretary shall delegate to that State the
            authority to carry out functions under sections 899B and 899C,
            if the Secretary determines that the State is capable of
            satisfactorily carrying out such functions.
                ``(3) Funding.--Subject to the availability of
            appropriations, if the Secretary delegates functions to a State
            under this subsection, the Secretary shall provide to that
            State sufficient funds to carry out the delegated functions.
        ``(c) Provision of Guidance and Notification Materials to Ammonium
    Nitrate Facilities.--
                ``(1) Guidance.--The Secretary shall make available to each
            owner of an ammonium nitrate facility registered under section
            899B(c)(1) guidance on--
                        ``(A) the identification of suspicious ammonium
                    nitrate purchases or transfers or attempted purchases
                    or transfers;
                        ``(B) the appropriate course of action to be taken
                    by the ammonium nitrate facility owner with respect to
                    such a purchase or transfer or attempted purchase or
                    transfer, including--
                                ``(i) exercising the right of the owner of
                            the ammonium nitrate facility to decline sale
                            of ammonium nitrate; and
                                ``(ii) notifying appropriate law
                            enforcement entities; and
                        ``(C) additional subjects determined appropriate to
                    prevent the misappropriation or use of ammonium nitrate
                    in an act of terrorism.
                ``(2) Use of materials and programs.--In providing guidance
            under this subsection, the Secretary shall, to the extent
            practicable, leverage any relevant materials and programs.
                ``(3) Notification materials.--
                        ``(A) In general.--The Secretary shall make
                    available materials suitable for posting at locations
                    where ammonium nitrate is sold.
                        ``(B) Design of materials.--Materials made
                    available under subparagraph (A) shall be designed to
                    notify prospective ammonium nitrate purchasers of--
                                ``(i) the record-keeping requirements under
                            section 899B; and
                                ``(ii) the penalties for violating such
                            requirements.

    ``SEC. 899E. THEFT REPORTING REQUIREMENT.

        ``Any person who is required to comply with section 899B(e) who has
    knowledge of the theft or unexplained loss of ammonium nitrate shall
    report such theft or loss to the appropriate Federal law enforcement
    authorities not later than 1 calendar day of the date on which the
    person becomes aware of such theft or loss. Upon receipt of such
    report, the relevant Federal authorities shall inform State, local, and
    tribal law enforcement entities, as appropriate.

    ``SEC. 899F. PROHIBITIONS AND PENALTY.

        ``(a) Prohibitions.--
                ``(1) Taking possession.--No person shall purchase ammonium
            nitrate from an ammonium nitrate facility unless such person is
            registered under subsection (c) or (d) of section 899B, or is
            an agent of a person registered under subsection (c) or (d) of
            that section.
                ``(2) Transferring possession.--An owner of an ammonium
            nitrate facility shall not transfer possession of ammonium
            nitrate from the ammonium nitrate facility to any ammonium
            nitrate purchaser who is not registered under subsection (c) or
            (d) of section 899B, or to any agent acting on behalf of an
            ammonium nitrate purchaser when such purchaser is not
            registered under subsection (c) or (d) of section 899B.
                ``(3) Other prohibitions.--No person shall--
                        ``(A) purchase ammonium nitrate without a
                    registration number required under subsection (c) or
                    (d) of section 899B;
                        ``(B) own or operate an ammonium nitrate facility
                    without a registration number required under section
                    899B(c); or
                        ``(C) fail to comply with any requirement or
                    violate any other prohibition under this subtitle.
        ``(b) Civil Penalty.--A person that violates this subtitle may be
    assessed a civil penalty by the Secretary of not more than $50,000 per
    violation.
        ``(c) Penalty Considerations.--In determining the amount of a civil
    penalty under this section, the Secretary shall consider--
                ``(1) the nature and circumstances of the violation;
                ``(2) with respect to the person who commits the violation,
            any history of prior violations, the ability to pay the
            penalty, and any effect the penalty is likely to have on the
            ability of such person to do business; and
                ``(3) any other matter that the Secretary determines that
            justice requires.
        ``(d) Notice and Opportunity for a Hearing.--No civil penalty may
    be assessed under this subtitle unless the person liable for the
    penalty has been given notice and an opportunity for a hearing on the
    violation for which the penalty is to be assessed in the county,
    parish, or incorporated city of residence of that person.
        ``(e) Delay in Application of Prohibition.--Paragraphs (1) and (2)
    of subsection (a) shall apply on and after the date that is 6 months
    after the date that the Secretary issues a final rule implementing this
    subtitle.

    ``SEC. 899G. PROTECTION FROM CIVIL LIABILITY.

        ``(a) In General.--Notwithstanding any other provision of law, an
    owner of an ammonium nitrate facility that in good faith refuses to
    sell or transfer ammonium nitrate to any person, or that in good faith
    discloses to the Department or to appropriate law enforcement
    authorities an actual or attempted purchase or transfer of ammonium
    nitrate, based upon a reasonable belief that the person seeking
    purchase or transfer of ammonium nitrate may use the ammonium nitrate
    to create an explosive device to be employed in an act of terrorism (as
    defined in section 3077 of title 18, United States Code), or to use
    ammonium nitrate for any other unlawful purpose, shall not be liable in
    any civil action relating to that refusal to sell ammonium nitrate or
    that disclosure.
        ``(b) Reasonable Belief.--A reasonable belief that a person may use
    ammonium nitrate to create an explosive device to be employed in an act
    of terrorism under subsection (a) may not solely be based on the race,
    sex, national origin, creed, religion, status as a veteran, or status
    as a member of the Armed Forces of the United States of that person.

    ``SEC. 899H. PREEMPTION OF OTHER LAWS.

        ``(a) Other Federal Regulations.--Except as provided in section
    899G, nothing in this subtitle affects any regulation issued by any
    agency other than an agency of the Department.
        ``(b) State Law.--Subject to section 899G, this subtitle preempts
    the laws of any State to the extent that such laws are inconsistent
    with this subtitle, except that this subtitle shall not preempt any
    State law that provides additional protection against the acquisition
    of ammonium nitrate by terrorists or the use of ammonium nitrate in
    explosives in acts of terrorism or for other illicit purposes, as
    determined by the Secretary.

    ``SEC. 899I. DEADLINES FOR REGULATIONS.

        ``The Secretary--
                ``(1) shall issue a proposed rule implementing this
            subtitle not later than 6 months after the date of the
            enactment of this subtitle; and
                ``(2) issue a final rule implementing this subtitle not
            later than 1 year after such date of enactment.

    ``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

        ``There are authorized to be appropriated to the Secretary--
                ``(1) $2,000,000 for fiscal year 2008; and
                ``(2) $10,750,000 for each of fiscal years 2009 through
            2012.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    such Act is amended by inserting after the item relating to section 899
    the following:

               ``Subtitle J--Secure Handling of Ammonium Nitrate

    ``Sec. 899A. Definitions.
    ``Sec. 899B. Regulation of the sale and transfer of ammonium nitrate.
    ``Sec. 899C. Inspection and auditing of records.
    ``Sec. 899D. Administrative provisions.
    ``Sec. 899E. Theft reporting requirement.
    ``Sec. 899F. Prohibitions and penalty.
    ``Sec. 899G. Protection from civil liability.
    ``Sec. 899H. Preemption of other laws.
    ``Sec. 899I. Deadlines for regulations.
    ``Sec. 899J. Authorization of appropriations.''.
        Sec. 564. Improvement of Barriers at Border. (a) Section 102 of the
    Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
    U.S.C. 1103 note) is amended--
                (1) in subsection (a), by striking ``Attorney General, in
            consultation with the Commissioner of Immigration and
            Naturalization,'' and inserting ``Secretary of Homeland
            Security''; and
                (2) in subsection (b)--
                        (A) in the subsection heading, by striking ``in the
                    Border Area'' and inserting ``Along the Border'';
                        (B) in paragraph (1)--
                                (i) in the heading, by striking ``Security
                            features'' and inserting ``Additional fencing
                            along southwest border''; and
                                (ii) by striking subparagraphs (A) through
                            (C) and inserting the following:
                        ``(A) Reinforced fencing.--In carrying out
                    subsection (a), the Secretary of Homeland Security
                    shall construct reinforced fencing along not less than
                    700 miles of the southwest border where fencing would
                    be most practical and effective and provide for the
                    installation of additional physical barriers, roads,
                    lighting, cameras, and sensors to gain operational
                    control of the southwest border.
                        ``(B) Priority areas.--In carrying out this
                    section, the Secretary of Homeland Security shall--
                                ``(i) identify the 370 miles, or other
                            mileage determined by the Secretary, whose
                            authority to determine other mileage shall
                            expire on December 31, 2008, along the
                            southwest border where fencing would be most
                            practical and effective in deterring smugglers
                            and aliens attempting to gain illegal entry
                            into the United States; and
                                ``(ii) not later than December 31, 2008,
                            complete construction of reinforced fencing
                            along the miles identified under clause (i).
                        ``(C) Consultation.--
                                ``(i) In general.--In carrying out this
                            section, the Secretary of Homeland Security
                            shall consult with the Secretary of the
                            Interior, the Secretary of Agriculture, States,
                            local governments, Indian tribes, and property
                            owners in the United States to minimize the
                            impact on the environment, culture, commerce,
                            and quality of life for the communities and
                            residents located near the sites at which such
                            fencing is to be constructed.
                                ``(ii) Savings provision.--Nothing in this
                            subparagraph may be construed to--
                                        ``(I) create or negate any right of
                                    action for a State, local government,
                                    or other person or entity affected by
                                    this subsection; or
                                        ``(II) affect the eminent domain
                                    laws of the United States or of any
                                    State.
                        ``(D) Limitation on requirements.--Notwithstanding
                    subparagraph (A), nothing in this paragraph shall
                    require the Secretary of Homeland Security to install
                    fencing, physical barriers, roads, lighting, cameras,
                    and sensors in a particular location along an
                    international border of the United States, if the
                    Secretary determines that the use or placement of such
                    resources is not the most appropriate means to achieve
                    and maintain operational control over the international
                    border at such location.''; and
                        (C) in paragraph (4), by striking ``to carry out
                    this subsection not to exceed $12,000,000'' and
                    inserting ``such sums as may be necessary to carry out
                    this subsection''.
        (b) No funds appropriated in this Act for U.S. Customs and Border
    Protection ``Border Security Fencing, Infrastructure, and Technology''
    may be obligated unless the Secretary of Homeland Security has complied
    with section 102(b)(2)(C)(i) of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) as amended by
    subsection (a)(2).
        Sec. 565. International Registered Traveler Program. Section
    7208(k)(3) of the Intelligence Reform and Terrorism Prevention Act of
    2004 (8 U.S.C. 1365b(k)(3)) is amended to read as follows:
                ``(3) International registered traveler program.--
                        ``(A) In general.--The Secretary of Homeland
                    Security shall establish an international registered
                    traveler program that incorporates available
                    technologies, such as biometrics and e-passports, and
                    security threat assessments to expedite the screening
                    and processing of international travelers, including
                    United States Citizens and residents, who enter and
                    exit the United States. The program shall be
                    coordinated with the United States Visitor and
                    Immigrant Status Indicator Technology program, other
                    pre-screening initiatives, and the Visa Waiver Program.
                        ``(B) Fees.--The Secretary may impose a fee for the
                    program established under subparagraph (A) and may
                    modify such fee from time to time. The fee may not
                    exceed the aggregate costs associated with the program
                    and shall be credited to the Department of Homeland
                    Security for purposes of carrying out the program.
                    Amounts so credited shall remain available until
                    expended.
                        ``(C) Rulemaking.--Within 365 days after the date
                    of enactment of this paragraph, the Secretary shall
                    initiate a rulemaking to establish the program,
                    criteria for participation, and the fee for the
                    program.
                        ``(D) Implementation.--Not later than 2 years after
                    the date of enactment of this paragraph, the Secretary
                    shall establish a phased-implementation of a biometric-
                    based international registered traveler program in
                    conjunction with the United States Visitor and
                    Immigrant Status Indicator Technology entry and exit
                    system, other pre-screening initiatives, and the Visa
                    Waiver Program at United States airports with the
                    highest volume of international travelers.
                        ``(E) Participation.--The Secretary shall ensure
                    that the international registered traveler program
                    includes as many participants as practicable by--
                                ``(i) establishing a reasonable cost of
                            enrollment;
                                ``(ii) making program enrollment convenient
                            and easily accessible; and
                                ``(iii) providing applicants with clear and
                            consistent eligibility guidelines.''.
        Sec. 566. Shared Border Management. (a) Study.--The Comptroller
    General of the United States shall conduct a study on the Department of
    Homeland Security's use of shared border management to secure the
    international borders of the United States.
        (b) Report.--The Comptroller General shall submit a report to
    Congress that describes--
                (1) any negotiations, plans, or designs conducted by
            officials of the Department of Homeland Security regarding the
            practice of shared border management; and
                (2) the factors required to be in place for shared border
            management to be successful.
        Sec. 567. None of the funds made available in this Act may be used
    for planning, testing, piloting, or developing a national
    identification card.
        Sec. 568. Transportation Security Administration Acquisition
    Management Policy. (a) In General.--Section 114 of title 49, United
    States Code, is amended by striking subsection (o) and redesignating
    subsections (p) through (t) as subsections (o) through (s),
    respectively.
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect 180 days after the date of enactment of this Act.
        Sec. 569. (a) Notwithstanding any other provision of this Act,
    except as provided in subsection (b), and 30 days after the date that
    the President determines whether to declare a major disaster because of
    an event and any appeal is completed, the Administrator shall submit to
    the Committee on Homeland Security and Governmental Affairs of the
    Senate, the Committee on Homeland Security of the House of
    Representatives, the Committee on Transportation and Infrastructure of
    the House of Representatives, the Committees on Appropriations of the
    Senate and the House of Representatives, and publish on the website of
    the Federal Emergency Management Agency, a report regarding that
    decision, which shall summarize damage assessment information used to
    determine whether to declare a major disaster.
        (b) The Administrator may redact from a report under subsection (a)
    any data that the Administrator determines would compromise national
    security.
        (c) In this section--
                (1) the term ``Administrator'' means the Administrator of
            the Federal Emergency Management Agency; and
                (2) the term ``major disaster'' has the meaning given that
            term in section 102 of the Robert T. Stafford Disaster Relief
            and Emergency Assistance Act (42 U.S.C. 5122).
        Sec. 570. If the Secretary of Homeland Security establishes a
    National Transportation Security Center of Excellence to conduct
    research and education activities, and to develop or provide
    professional security training, including the training of
    transportation employees and transportation professionals, the Mineta
    Transportation Institute at San Jose State University may be included
    as a member institution of such Center.
        Sec. 571. Effective no later than ninety days after the date of
    enactment of this Act, the Transportation Security Administration shall
    permit approved members of Registered Traveler programs to satisfy
    fully the required identity verification procedures at security
    screening checkpoints by presenting a biometrically-secure Registered
    Traveler card in lieu of the government-issued photo identification
    document required of non-participants: Provided, That if their identity
    is not confirmed biometrically, the standard identity and screening
    procedures will apply: Provided further, That if the Assistant
    Secretary (Transportation Security Administration) determines this is a
    threat to civil aviation, then the Assistant Secretary (Transportation
    Security Administration) shall notify the Committees on Appropriations
    of the Senate and House of Representatives five days in advance of such
    determination and require Registered Travelers to present government-
    issued photo identification documents in conjunction with a
    biometrically-secure Registered Traveler card.
        Sec. 572. Section 831(a) of the Homeland Security Act of 2002 (6
    U.S.C. 391(a)) is amended by striking ``During the 5-year period
    following the effective date of this Act'' and inserting ``Until
    September 30, 2008''.
        Sec. 573. (a) Rescission.--Of amounts previously made available
    from Federal Emergency Management Agency ``Disaster Relief'' to the
    State of Mississippi pursuant to section 404 of the Robert T. Stafford
    Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170c) for
    Hurricane Katrina, $20,000,000 are rescinded.
        (b) Appropriation.--For Federal Emergency Management Agency ``State
    and Local Programs'', there is appropriated an additional $20,000,000,
    to remain available until expended, for a grant to the State of
    Mississippi for an interoperable communications system required in the
    aftermath of Hurricane Katrina: Provided, That this entire amount is
    designated as described in section 5 (in the matter preceding division
    A of this consolidated Act).

                                    TITLE VI

               BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

        Sec. 601. Short Title.
        This title may be cited as the ``Border Infrastructure and
    Technology Modernization Act of 2007''.
        Sec. 602. Definitions.--In this title:
                (1) Commissioner.--The term ``Commissioner'' means the
            Commissioner of U.S. Customs and Border Protection of the
            Department of Homeland Security.
                (2) Maquiladora.--The term ``maquiladora'' means an entity
            located in Mexico that assembles and produces goods from
            imported parts for export to the United States.
                (3) Northern border.--The term ``northern border'' means
            the international border between the United States and Canada.
                (4) Secretary.--The term ``Secretary'' means the Secretary
            of the Department of Homeland Security.
                (5) Southern border.--The term ``southern border'' means
            the international border between the United States and Mexico.
        Sec. 603. Port of Entry Infrastructure Assessment Study.--(a)
    Requirement To Update.--Not later than January 31 of every other year,
    the Commissioner, in consultation with the Administrator of General
    Services shall--
                (1) review--
                        (A) the Port of Entry Infrastructure Assessment
                    Study prepared by the United States Customs Service,
                    the Immigration and Naturalization Service, and the
                    General Services Administration in accordance with the
                    matter relating to the ports of entry infrastructure
                    assessment set forth in the joint explanatory statement
                    on page 67 of conference report 106-319, accompanying
                    Public Law 106-58; and
                        (B) the nationwide strategy to prioritize and
                    address the infrastructure needs at the land ports of
                    entry prepared by the Department of Homeland Security
                    and the General Services Administration in accordance
                    with the committee recommendations on page 22 of Senate
                    report 108-86, accompanying Public Law 108-90;
                (2) update the assessment of the infrastructure needs of
            all United States land ports of entry; and
                (3) submit an updated assessment of land port of entry
            infrastructure needs to the Committees on Appropriations of the
            Senate and the House of Representatives, the Senate Committee
            on Environment and Public Works, the Senate Committee on
            Homeland Security and Governmental Affairs, the House Committee
            on Transportation and Infrastructure, and the House Committee
            on Homeland Security.
        (b) Consultation.--In preparing the updated studies required under
    subsection (a), the Commissioner and the Administrator of General
    Services shall consult with the Director of the Office of Management
    and Budget, the Secretary, and affected State and local agencies on the
    northern and southern borders of the United States.
        (c) Content.--Each updated study required in subsection (a) shall--
                (1) identify port of entry infrastructure and technology
            improvement projects that would enhance border security and
            facilitate the flow of legitimate commerce if implemented;
                (2) include the projects identified in the National Land
            Border Security Plan required by section 604; and
                (3) prioritize the projects described in paragraphs (1) and
            (2) based on the ability of a project--
                        (A) to enhance the ability of U.S. Customs and
                    Border Protection to achieve its mission and to support
                    operations;
                        (B) to fulfill security requirements; and
                        (C) facilitate trade across the borders of the
                    United States.
        (d) Project Implementation.--The Commissioner, as appropriate,
    shall--
                (1) implement the infrastructure and technology improvement
            projects described in subsection (c) in the order of priority
            assigned to each project under subsection (c)(3); or
                (2) forward the prioritized list of infrastructure and
            technology improvement projects to the Administrator of General
            Services for implementation in the order of priority assigned
            to each project under subsection (c)(3).
        (e) Divergence From Priorities.--The Commissioner may diverge from
    the priority order if the Commissioner determines that significantly
    changed circumstances, including immediate security needs, changes in
    infrastructure in Mexico or Canada, or similar concerns, compellingly
    alter the need for a project in the United States.
        Sec. 604. National Land Border Security Plan. (a) Requirement for
    Plan.--Not later than January 31 of every other year, the Secretary,
    acting through the Commissioner, shall prepare a National Land Border
    Security Plan and submit such plan to the Committees on Appropriations
    of the Senate and the House of Representatives, the Senate Committee on
    Environment and Public Works, the Senate Committee on Homeland Security
    and Governmental Affairs, the Senate Committee on the Judiciary, the
    House Committee on Transportation and Infrastructure, the House
    Committee on Homeland Security, and the House Committee on the
    Judiciary.
        (b) Consultation.--In preparing the plan required under subsection
    (a), the Commissioner shall consult with other appropriate Federal
    agencies, State and local law enforcement agencies, and private
    entities that are involved in international trade across the northern
    or southern border.
        (c) Vulnerability Assessment.--
                (1) In general.--The plan required under subsection (a)
            shall include a vulnerability, risk, and threat assessment of
            each port of entry located on the northern border or the
            southern border.
                (2) Port security coordinators.--The Secretary, acting
            through the Commissioner, may establish one or more port
            security coordinators at each port of entry located on the
            northern border or the southern border--
                        (A) to assist in conducting a vulnerability
                    assessment at such port; and
                        (B) to provide other assistance with the
                    preparation of the plan required under subsection (a).
        (d) Coordination with the Secure Border Initiative.--The plan
    required under subsection (a) shall include a description of activities
    undertaken during the previous year as part of the Secure Border
    Initiative and actions planned for the coming year as part of the
    Secure Border Initiative.
        Sec. 605. Port of Entry Technology Demonstration Program. (a)
    Establishment.--The Secretary, acting through the Commissioner, shall
    carry out a technology demonstration program to test and evaluate new
    port of entry technologies, refine port of entry technologies and
    operational concepts, and train personnel under realistic conditions.
        (b) Technology Tested.--Under the demonstration program, the
    Commissioner shall test technologies that enhance port of entry
    operations, including those related to inspections, communications,
    port tracking, identification of persons and cargo, sensory devices,
    personal detection, decision support, and the detection and
    identification of weapons of mass destruction.
        (c) Demonstration Sites.--
                (1) Number.--The Commissioner shall carry out the
            demonstration program at not less than three sites and not more
            than five sites.
                (2) Location.--Of the sites selected under subsection (c)--
                        (A) at least one shall be located on the northern
                    border of the United States; and
                        (B) at least one shall be located on the southern
                    border of the United States.
                (3) Selection criteria.--To ensure that one of the
            facilities selected as a port of entry demonstration site for
            the demonstration program has the most up-to-date design,
            contains sufficient space to conduct the demonstration program,
            has a traffic volume low enough to easily incorporate new
            technologies without interrupting normal processing activity,
            and can efficiently carry out demonstration and port of entry
            operations, one port of entry selected as a demonstration site
            may--
                        (A) have been established not more than 15 years
                    before the date of the enactment of this Act;
                        (B) consist of not less than 65 acres, with the
                    possibility of expansion onto not less than 25 adjacent
                    acres; and
                        (C) have serviced an average of not more than
                    50,000 vehicles per month during the 12 months
                    preceding the date of the enactment of this Act.
        (d) Relationship With Other Agencies.--The Secretary, acting
    through the Commissioner, shall permit personnel from appropriate
    Federal agencies to utilize a demonstration site described in
    subsection (c) to test technologies that enhance port of entry
    operations, including those related to inspections, communications,
    port tracking, identification of persons and cargo, sensory devices,
    personal detection, decision support, and the detection and
    identification of weapons of mass destruction.
        (e) Report.--
                (1) Requirement.--Not later than 1 year after the date of
            the enactment of this Act, and annually thereafter, the
            Secretary shall submit to the Committees on Appropriations of
            the Senate and the House of Representatives, the Senate
            Committee on Environment and Public Works, the Senate Committee
            on Homeland Security and Governmental Affairs, the House
            Committee on Transportation and Infrastructure, and the House
            Committee on Homeland Security a report on the activities
            carried out at each demonstration site under the technology
            demonstration program established under this section.
                (2) Content.--The report shall include an assessment by the
            Commissioner of the feasibility of incorporating any
            demonstrated technology for use throughout U.S. Customs and
            Border Protection.
        Sec. 606. Authorization of Appropriations. (a) In General.--In
    addition to any funds otherwise available, there are authorized to be
    appropriated such sums as may be necessary to carry out this title for
    fiscal years 2009 through 2013.
        (b) International Agreements.--Funds authorized to be appropriated
    under this title may be used for the implementation of projects
    described in the Declaration on Embracing Technology and Cooperation to
    Promote the Secure and Efficient Flow of People and Commerce across our
    Shared Border between the United States and Mexico, agreed to March 22,
    2002, Monterrey, Mexico (commonly known as the Border Partnership
    Action Plan) or the Smart Border Declaration between the United States
    and Canada, agreed to December 12, 2001, Ottawa, Canada that are
    consistent with the provisions of this title.
        This division may be cited as the ``Department of Homeland Security
    Appropriations Act, 2008''.

       DIVISION F--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2008

                                    TITLE I

                           DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                       management of lands and resources

        For necessary expenses for protection, use, improvement,
    development, disposal, cadastral surveying, classification, acquisition
    of easements and other interests in lands, and performance of other
    functions, including maintenance of facilities, as authorized by law,
    in the management of lands and their resources under the jurisdiction
    of the Bureau of Land Management, including the general administration
    of the Bureau, and assessment of mineral potential of public lands
    pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), $867,463,000, to
    remain available until expended, of which not to exceed $91,629,000 is
    available for oil and gas management; and of which $1,500,000 is for
    high priority projects, to be carried out by the Youth Conservation
    Corps; and of which $2,900,000 shall be available in fiscal year 2008
    subject to a match by at least an equal amount by the National Fish and
    Wildlife Foundation for cost-shared projects supporting conservation of
    Bureau lands; and such funds shall be advanced to the Foundation as a
    lump sum grant without regard to when expenses are incurred.
        In addition, $25,500,000 is for the processing of applications for
    permit to drill and related use authorizations, to remain available
    until expended, to be reduced by amounts collected by the Bureau and
    credited to this appropriation that shall be derived from $4,000 per
    new application for permit to drill that the Bureau shall collect upon
    submission of each new application, and in addition, $34,696,000 is for
    Mining Law Administration program operations, including the cost of
    administering the mining claim fee program; to remain available until
    expended, to be reduced by amounts collected by the Bureau and credited
    to this appropriation from annual mining claim fees so as to result in
    a final appropriation estimated at not more than $867,463,000, and
    $2,000,000, to remain available until expended, from communication site
    rental fees established by the Bureau for the cost of administering
    communication site activities.

                                  construction

        For construction of buildings, recreation facilities, roads,
    trails, and appurtenant facilities, $6,476,000, to remain available
    until expended.

                                land acquisition

        For expenses necessary to carry out sections 205, 206, and 318(d)
    of Public Law 94-579, including administrative expenses and acquisition
    of lands or waters, or interests therein, $9,081,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended.

                       oregon and california grant lands

        For expenses necessary for management, protection, and development
    of resources and for construction, operation, and maintenance of access
    roads, reforestation, and other improvements on the revested Oregon and
    California Railroad grant lands, on other Federal lands in the Oregon
    and California land-grant counties of Oregon, and on adjacent rights-
    of-way; and acquisition of lands or interests therein, including
    existing connecting roads on or adjacent to such grant lands;
    $110,242,000, to remain available until expended: Provided, That 25
    percent of the aggregate of all receipts during the current fiscal year
    from the revested Oregon and California Railroad grant lands is hereby
    made a charge against the Oregon and California land-grant fund and
    shall be transferred to the General Fund in the Treasury in accordance
    with the second paragraph of subsection (b) of title II of the Act of
    August 28, 1937 (50 Stat. 876).

                   forest ecosystem health and recovery fund

                       (revolving fund, special account)

        In addition to the purposes authorized in Public Law 102-381, funds
    made available in the Forest Ecosystem Health and Recovery Fund can be
    used for the purpose of planning, preparing, implementing and
    monitoring salvage timber sales and forest ecosystem health and
    recovery activities, such as release from competing vegetation and
    density control treatments. The Federal share of receipts (defined as
    the portion of salvage timber receipts not paid to the counties under
    43 U.S.C. 1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 106-393)
    derived from treatments funded by this account shall be deposited into
    the Forest Ecosystem Health and Recovery Fund.

                               range improvements

        For rehabilitation, protection, and acquisition of lands and
    interests therein, and improvement of Federal rangelands pursuant to
    section 401 of the Federal Land Policy and Management Act of 1976 (43
    U.S.C. 1701), notwithstanding any other Act, sums equal to 50 percent
    of all moneys received during the prior fiscal year under sections 3
    and 15 of the Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount
    designated for range improvements from grazing fees and mineral leasing
    receipts from Bankhead-Jones lands transferred to the Department of the
    Interior pursuant to law, but not less than $10,000,000, to remain
    available until expended: Provided, That not to exceed $600,000 shall
    be available for administrative expenses.

                   service charges, deposits, and forfeitures

        For administrative expenses and other costs related to processing
    application documents and other authorizations for use and disposal of
    public lands and resources, for costs of providing copies of official
    public land documents, for monitoring construction, operation, and
    termination of facilities in conjunction with use authorizations, and
    for rehabilitation of damaged property, such amounts as may be
    collected under Public Law 94-579, as amended, and Public Law 93-153,
    to remain available until expended: Provided, That, notwithstanding any
    provision to the contrary of section 305(a) of Public Law 94-579 (43
    U.S.C. 1735(a)), any moneys that have been or will be received pursuant
    to that section, whether as a result of forfeiture, compromise, or
    settlement, if not appropriate for refund pursuant to section 305(c) of
    that Act (43 U.S.C. 1735(c)), shall be available and may be expended
    under the authority of this Act by the Secretary to improve, protect,
    or rehabilitate any public lands administered through the Bureau of
    Land Management which have been damaged by the action of a resource
    developer, purchaser, permittee, or any unauthorized person, without
    regard to whether all moneys collected from each such action are used
    on the exact lands damaged which led to the action: Provided further,
    That any such moneys that are in excess of amounts needed to repair
    damage to the exact land for which funds were collected may be used to
    repair other damaged public lands.

                           miscellaneous trust funds

        In addition to amounts authorized to be expended under existing
    laws, there is hereby appropriated such amounts as may be contributed
    under section 307 of the Act of October 21, 1976 (43 U.S.C. 1701), and
    such amounts as may be advanced for administrative costs, surveys,
    appraisals, and costs of making conveyances of omitted lands under
    section 211(b) of that Act, to remain available until expended.

                            wildland fire management

                         (including transfer of funds)

        For necessary expenses for fire preparedness, suppression
    operations, fire science and research, emergency rehabilitation,
    hazardous fuels reduction, and rural fire assistance by the Department
    of the Interior, $820,878,000, to remain available until expended, of
    which not to exceed $6,234,000 shall be for the renovation or
    construction of fire facilities: Provided, That such funds are also
    available for repayment of advances to other appropriation accounts
    from which funds were previously transferred for such purposes:
    Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
    furnished subsistence and lodging without cost from funds available
    from this appropriation: Provided further, That notwithstanding 42
    U.S.C. 1856d, sums received by a bureau or office of the Department of
    the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
    seq., protection of United States property, may be credited to the
    appropriation from which funds were expended to provide that
    protection, and are available without fiscal year limitation: Provided
    further, That using the amounts designated under this title of this
    Act, the Secretary of the Interior may enter into procurement
    contracts, grants, or cooperative agreements, for hazardous fuels
    reduction activities, and for training and monitoring associated with
    such hazardous fuels reduction activities, on Federal land, or on
    adjacent non-Federal land for activities that benefit resources on
    Federal land: Provided further, That the costs of implementing any
    cooperative agreement between the Federal Government and any non-
    Federal entity may be shared, as mutually agreed on by the affected
    parties: Provided further, That notwithstanding requirements of the
    Competition in Contracting Act, the Secretary, for purposes of
    hazardous fuels reduction activities, may obtain maximum practicable
    competition among: (1) local private, nonprofit, or cooperative
    entities; (2) Youth Conservation Corps crews, Public Lands Corps
    (Public Law 109-154), or related partnerships with State, local, or
    non-profit youth groups; (3) small or micro-businesses; or (4) other
    entities that will hire or train locally a significant percentage,
    defined as 50 percent or more, of the project workforce to complete
    such contracts: Provided further, That in implementing this section,
    the Secretary shall develop written guidance to field units to ensure
    accountability and consistent application of the authorities provided
    herein: Provided further, That funds appropriated under this head may
    be used to reimburse the United States Fish and Wildlife Service and
    the National Marine Fisheries Service for the costs of carrying out
    their responsibilities under the Endangered Species Act of 1973 (16
    U.S.C. 1531 et seq.) to consult and conference, as required by section
    7 of such Act, in connection with wildland fire management activities:
    Provided further, That the Secretary of the Interior may use wildland
    fire appropriations to enter into non-competitive sole source leases of
    real property with local governments, at or below fair market value, to
    construct capitalized improvements for fire facilities on such leased
    properties, including but not limited to fire guard stations, retardant
    stations, and other initial attack and fire support facilities, and to
    make advance payments for any such lease or for construction activity
    associated with the lease: Provided further, That the Secretary of the
    Interior and the Secretary of Agriculture may authorize the transfer of
    funds appropriated for wildland fire management, in an aggregate amount
    not to exceed $10,000,000, between the Departments when such transfers
    would facilitate and expedite jointly funded wildland fire management
    programs and projects: Provided further, That funds provided for
    wildfire suppression shall be available for support of Federal
    emergency response actions: Provided further, That Public Law 110-116,
    division B, section 157(b)(2) is amended by inserting after ``to other
    accounts'' the phrase ``and non-suppression budget activities''.

                           administrative provisions

        Appropriations for the Bureau of Land Management shall be available
    for purchase, erection, and dismantlement of temporary structures, and
    alteration and maintenance of necessary buildings and appurtenant
    facilities to which the United States has title; up to $100,000 for
    payments, at the discretion of the Secretary, for information or
    evidence concerning violations of laws administered by the Bureau;
    miscellaneous and emergency expenses of enforcement activities
    authorized or approved by the Secretary and to be accounted for solely
    on the Secretary's certificate, not to exceed $10,000: Provided, That
    notwithstanding 44 U.S.C. 501, the Bureau may, under cooperative cost-
    sharing and partnership arrangements authorized by law, procure
    printing services from cooperators in connection with jointly produced
    publications for which the cooperators share the cost of printing
    either in cash or in services, and the Bureau determines the cooperator
    is capable of meeting accepted quality standards.
        Section 28 of title 30, United States Code, is amended: (1) in
    section 28 by striking the phrase ``shall commence at 12 o'clock
    meridian on the 1st day of September'' and inserting ``shall commence
    at 12:01 ante meridian on the first day of September''; (2) in section
    28f(a), by striking the phrase ``for years 2004 through 2008''; and (3)
    in section 28g, by striking the phrase ``and before September 30,
    2008,''.
        Sums not to exceed one percent of the total value of procurements
    received by the Bureau of Land Management from vendors under enterprise
    information technology-procurements that the Department of the Interior
    and other Federal Government agencies may use to order information
    technology hereafter may be deposited into the Management of Lands and
    Resources account to offset costs incurred in conducting the
    procurement.

                    United States Fish and Wildlife Service

                              resource management

        For necessary expenses of the United States Fish and Wildlife
    Service, as authorized by law, and for scientific and economic studies,
    maintenance of the herd of long-horned cattle on the Wichita Mountains
    Wildlife Refuge, general administration, and for the performance of
    other authorized functions related to such resources by direct
    expenditure, contracts, grants, cooperative agreements and reimbursable
    agreements with public and private entities, $1,099,772,000, to remain
    available until September 30, 2009 except as otherwise provided herein:
    Provided, That $2,500,000 is for high priority projects, which shall be
    carried out by the Youth Conservation Corps: Provided further, That not
    to exceed $18,263,000 shall be used for implementing subsections (a),
    (b), (c), and (e) of section 4 of the Endangered Species Act, as
    amended, for species that are indigenous to the United States (except
    for processing petitions, developing and issuing proposed and final
    regulations, and taking any other steps to implement actions described
    in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not
    to exceed $9,926,000 shall be used for any activity regarding the
    designation of critical habitat, pursuant to subsection (a)(3),
    excluding litigation support, for species listed pursuant to subsection
    (a)(1) prior to October 1, 2007: Provided further, That of the amount
    available for law enforcement, up to $400,000, to remain available
    until expended, may at the discretion of the Secretary be used for
    payment for information, rewards, or evidence concerning violations of
    laws administered by the Service, and miscellaneous and emergency
    expenses of enforcement activity, authorized or approved by the
    Secretary and to be accounted for solely on the Secretary's
    certificate: Provided further, That of the amount provided for
    environmental contaminants, up to $1,000,000 may remain available until
    expended for contaminant sample analyses.

                                  construction

        For construction, improvement, acquisition, or removal of buildings
    and other facilities required in the conservation, management,
    investigation, protection, and utilization of fishery and wildlife
    resources, and the acquisition of lands and interests therein;
    $33,688,000, to remain available until expended.

                                land acquisition

        For expenses necessary to carry out the Land and Water Conservation
    Fund Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for acquisition of land or waters, or
    interest therein, in accordance with statutory authority applicable to
    the United States Fish and Wildlife Service, $35,144,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended, of which, notwithstanding 16 U.S.C. 460l-9, not more than
    $1,750,000 shall be for land conservation partnerships authorized by
    the Highlands Conservation Act of 2004: Provided, That none of the
    funds appropriated for specific land acquisition projects can be used
    to pay for any administrative overhead, planning or other management
    costs.

                cooperative endangered species conservation fund

        For expenses necessary to carry out section 6 of the Endangered
    Species Act of 1973 (16 U.S.C. 1531 et seq.), as amended, $75,001,000,
    to remain available until expended, of which $25,228,000 is to be
    derived from the Cooperative Endangered Species Conservation Fund,
    $5,066,666 of which shall be for the Idaho Salmon and Clearwater River
    Basins Habitat Account pursuant to the Snake River Water Rights Act of
    2004; and of which $49,773,000 is to be derived from the Land and Water
    Conservation Fund.

                         national wildlife refuge fund

        For expenses necessary to implement the Act of October 17, 1978 (16
    U.S.C. 715s), $14,202,000.

                   north american wetlands conservation fund

        For expenses necessary to carry out the provisions of the North
    American Wetlands Conservation Act, Public Law 101-233, as amended,
    $42,646,000, to remain available until expended.

                    neotropical migratory bird conservation

        For expenses necessary to carry out the Neotropical Migratory Bird
    Conservation Act, as amended, (16 U.S.C. 6101 et seq.), $4,500,000, to
    remain available until expended.

                    multinational species conservation fund

        For expenses necessary to carry out the African Elephant
    Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 4241-4245,
    and 1538), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261-
    4266), the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
    5301-5306), the Great Ape Conservation Act of 2000 (16 U.S.C. 6301-
    6305), and the Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601-
    6606), $8,000,000, to remain available until expended.

                        state and tribal wildlife grants

        For wildlife conservation grants to States and to the District of
    Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
    Northern Mariana Islands, American Samoa, and federally-recognized
    Indian tribes under the provisions of the Fish and Wildlife Act of 1956
    and the Fish and Wildlife Coordination Act, for the development and
    implementation of programs for the benefit of wildlife and their
    habitat, including species that are not hunted or fished, $75,000,000,
    to remain available until expended: Provided, That of the amount
    provided herein, $6,282,000 is for a competitive grant program for
    Indian tribes not subject to the remaining provisions of this
    appropriation: Provided further, That $5,000,000 is for a competitive
    grant program for States, territories, and other jurisdictions with
    approved plans, not subject to the remaining provisions of this
    appropriation: Provided further, That the Secretary shall, after
    deducting said $11,282,000 and administrative expenses, apportion the
    amount provided herein in the following manner: (1) to the District of
    Columbia and to the Commonwealth of Puerto Rico, each a sum equal to
    not more than one-half of 1 percent thereof; and (2) to Guam, American
    Samoa, the United States Virgin Islands, and the Commonwealth of the
    Northern Mariana Islands, each a sum equal to not more than one-fourth
    of 1 percent thereof: Provided further, That the Secretary shall
    apportion the remaining amount in the following manner: (1) one-third
    of which is based on the ratio to which the land area of such State
    bears to the total land area of all such States; and (2) two-thirds of
    which is based on the ratio to which the population of such State bears
    to the total population of all such States: Provided further, That the
    amounts apportioned under this paragraph shall be adjusted equitably so
    that no State shall be apportioned a sum which is less than 1 percent
    of the amount available for apportionment under this paragraph for any
    fiscal year or more than 5 percent of such amount: Provided further,
    That the Federal share of planning grants shall not exceed 75 percent
    of the total costs of such projects and the Federal share of
    implementation grants shall not exceed 50 percent of the total costs of
    such projects: Provided further, That the non-Federal share of such
    projects may not be derived from Federal grant programs: Provided
    further, That no State, territory, or other jurisdiction shall receive
    a grant if its comprehensive wildlife conservation plan is disapproved
    and such funds that would have been distributed to such State,
    territory, or other jurisdiction shall be distributed equitably to
    States, territories, and other jurisdictions with approved plans:
    Provided further, That any amount apportioned in 2008 to any State,
    territory, or other jurisdiction that remains unobligated as of
    September 30, 2009, shall be reapportioned, together with funds
    appropriated in 2010, in the manner provided herein.

                           administrative provisions

        Appropriations and funds available to the United States Fish and
    Wildlife Service shall be available for repair of damage to public
    roads within and adjacent to reservation areas caused by operations of
    the Service; options for the purchase of land at not to exceed $1 for
    each option; facilities incident to such public recreational uses on
    conservation areas as are consistent with their primary purpose; and
    the maintenance and improvement of aquaria, buildings, and other
    facilities under the jurisdiction of the Service and to which the
    United States has title, and which are used pursuant to law in
    connection with management, and investigation of fish and wildlife
    resources: Provided, That notwithstanding 44 U.S.C. 501, the Service
    may, under cooperative cost sharing and partnership arrangements
    authorized by law, procure printing services from cooperators in
    connection with jointly produced publications for which the cooperators
    share at least one-half the cost of printing either in cash or services
    and the Service determines the cooperator is capable of meeting
    accepted quality standards: Provided further, That, notwithstanding any
    other provision of law, the Service may use up to $2,000,000 from funds
    provided for contracts for employment-related legal services: Provided
    further, That the Service may accept donated aircraft as replacements
    for existing aircraft: Provided further, That, notwithstanding any
    other provision of law, the Secretary of the Interior may not spend any
    of the funds appropriated in this Act for the purchase of lands or
    interests in lands to be used in the establishment of any new unit of
    the National Wildlife Refuge System unless the purchase is approved in
    advance by the House and Senate Committees on Appropriations in
    compliance with the reprogramming procedures contained in the statement
    of the managers accompanying this Act.

                             National Park Service

                     operation of the national park system

        For expenses necessary for the management, operation, and
    maintenance of areas and facilities administered by the National Park
    Service (including expenses to carry out programs of the United States
    Park Police), and for the general administration of the National Park
    Service, $2,001,809,000, of which $9,965,000 is for planning and
    interagency coordination in support of Everglades restoration and shall
    remain available until expended; of which $101,164,000, to remain
    available until September 30, 2009, is for maintenance, repair or
    rehabilitation projects for constructed assets, operation of the
    National Park Service automated facility management software system,
    and comprehensive facility condition assessments; and of which
    $3,000,000 shall be for the Youth Conservation Corps for high priority
    projects.

                              centennial challenge

        For expenses necessary to carry out provisions of section 814(g) of
    Public Law 104-333 relating to challenge cost share agreements,
    $25,000,000, to remain available until expended for Centennial
    Challenge signature projects and programs: Provided, That not less than
    50 percent of the total cost of each project or program is derived from
    non-Federal sources in the form of donated cash, assets, in-kind
    services, or a pledge of donation guaranteed by an irrevocable letter
    of credit.

                      national recreation and preservation

        For expenses necessary to carry out recreation programs, natural
    programs, cultural programs, heritage partnership programs,
    environmental compliance and review, international park affairs,
    statutory or contractual aid for other activities, and grant
    administration, not otherwise provided for, $68,481,000, of which not
    to exceed $7,500,000 may be for Preserve America grants to States,
    Tribes, and local communities for projects that preserve important
    historic resources through the promotion of heritage tourism: Provided,
    That any individual Preserve America grant shall be matched by non-
    Federal funds: Provided further, That individual projects shall only be
    eligible for one grant: Provided further, That grants shall be approved
    by the Secretary of the Interior in consultation with the House and
    Senate Committees on Appropriations, and in consultation with the
    Advisory Council on Historic Preservation prior to the commitment of
    grant funds.

                           historic preservation fund

                         (including transfers of funds)

        For expenses necessary in carrying out the Historic Preservation
    Act of 1966, as amended (16 U.S.C. 470), and the Omnibus Parks and
    Public Lands Management Act of 1996 (Public Law 104-333), $71,500,000,
    to be derived from the Historic Preservation Fund and to remain
    available until September 30, 2009; of which $25,000,000 shall be for
    Save America's Treasures for preservation of nationally significant
    sites, structures, and artifacts: Provided, That any individual Save
    America's Treasures grant shall be matched by non-Federal funds;
    individual projects shall only be eligible for one grant; and all
    projects to be funded shall be approved by the Secretary of the
    Interior in consultation with the House and Senate Committees on
    Appropriations: Provided further, That Save America's Treasures funds
    allocated for Federal projects, following approval, shall be available
    by transfer to appropriate accounts of individual agencies.

                                  construction

        For construction, improvements, repair or replacement of physical
    facilities, including the modifications authorized by section 104 of
    the Everglades National Park Protection and Expansion Act of 1989,
    $221,985,000, to remain available until expended: Provided, That funds
    provided under this heading for implementation of modified water
    deliveries to Everglades National Park shall be expended consistent
    with the requirements of the fifth proviso under this heading in Public
    Law 108-108: Provided further, That funds provided under this heading
    for implementation of modified water deliveries to Everglades National
    Park shall be available for obligation only if matching funds are
    appropriated to the Army Corps of Engineers for the same purpose:
    Provided further, That none of the funds provided under this heading
    for implementation of modified water deliveries to Everglades National
    Park shall be available for obligation if any of the funds appropriated
    to the Army Corps of Engineers for the purpose of implementing modified
    water deliveries, including finalizing detailed engineering and design
    documents for a bridge or series of bridges for the Tamiami Trail
    component of the project, becomes unavailable for obligation: Provided
    further, That of the funds made available under this heading, not to
    exceed $3,800,000 is authorized to be used for the National Park
    Service's proportionate cost of upgrading the West Yellowstone/Hebgen
    Basin (Gallatin County, Montana) municipal solid waste disposal system
    for the processing and disposal of municipal solid waste generated
    within Yellowstone National Park: Provided further, That future fees
    paid by the National Park Service to the West Yellowstone/Hebgen Basin
    Solid Waste District will be restricted to operations and maintenance
    costs of the facility, given the capital contribution made by the
    National Park Service.

                        land and water conservation fund

                                  (rescission)

        The contract authority provided for fiscal year 2008 by 16 U.S.C.
    460l-10a is rescinded.

                     land acquisition and state assistance

        For expenses necessary to carry out the Land and Water Conservation
    Act of 1965, as amended (16 U.S.C. 460l-4 through 11), including
    administrative expenses, and for acquisition of lands or waters, or
    interest therein, in accordance with the statutory authority applicable
    to the National Park Service, $70,070,000, to be derived from the Land
    and Water Conservation Fund and to remain available until expended, of
    which $25,000,000 is for the State assistance program.

                           administrative provisions

        For fiscal year 2008 and hereafter, if the Secretary of the
    Interior, or either party to a value determination proceeding conducted
    under a National Park Service concession contract issued prior to
    November 13, 1998, considers that the value determination decision
    issued pursuant to the proceeding misinterprets or misapplies relevant
    contractual requirements or their underlying legal authority, the
    Secretary or either party may seek, within 180 days of any such
    decision, the de novo review of the value determination decision by the
    United States Court of Federal Claims. This court may make an order
    affirming, vacating, modifying or correcting the determination
    decision.
        In addition to other uses set forth in section 407(d) of Public Law
    105-391, franchise fees credited to a sub-account shall be available
    for expenditure by the Secretary, without further appropriation, for
    use at any unit within the National Park System to extinguish or reduce
    liability for Possessory Interest or leasehold surrender interest. Such
    funds may only be used for this purpose to the extent that the
    benefiting unit anticipated franchise fee receipts over the term of the
    contract at that unit exceed the amount of funds used to extinguish or
    reduce liability. Franchise fees at the benefiting unit shall be
    credited to the sub-account of the originating unit over a period not
    to exceed the term of a single contract at the benefiting unit, in the
    amount of funds so expended to extinguish or reduce liability.
        A willing seller from whom the Service acquires title to real
    property may be considered a ``displaced person'' for purposes of the
    Uniform Relocation Assistance and Real Property Acquisition Policy Act
    and its implementing regulations, whether or not the Service has the
    authority to acquire such property by eminent domain.
        Section 3(f) of the Act of August 21, 1935 (16 U.S.C. 463(f)),
    related to the National Park System Advisory Board, is amended in the
    first sentence by striking ``2007'' and inserting ``2009''.

                        United States Geological Survey

                     surveys, investigations, and research

        For expenses necessary for the United States Geological Survey to
    perform surveys, investigations, and research covering topography,
    geology, hydrology, biology, and the mineral and water resources of the
    United States, its territories and possessions, and other areas as
    authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
    mineral and water resources; give engineering supervision to power
    permittees and Federal Energy Regulatory Commission licensees;
    administer the minerals exploration program (30 U.S.C. 641); conduct
    inquiries into the economic conditions affecting mining and materials
    processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1))
    and related purposes as authorized by law; and to publish and
    disseminate data relative to the foregoing activities; $1,022,430,000,
    to remain available until September 30, 2009, of which $63,845,000
    shall be available only for cooperation with States or municipalities
    for water resources investigations; of which $40,150,000 shall remain
    available until expended for satellite operations; and of which
    $8,023,000 shall be available until expended for deferred maintenance
    and capital improvement projects: Provided, That none of the funds
    provided for the biological research activity shall be used to conduct
    new surveys on private property, unless specifically authorized in
    writing by the property owner: Provided further, That no part of this
    appropriation shall be used to pay more than one-half the cost of
    topographic mapping or water resources data collection and
    investigations carried on in cooperation with States and
    municipalities.

                           administrative provisions

        From within the amount appropriated for activities of the United
    States Geological Survey such sums as are necessary shall be available
    for reimbursement to the General Services Administration for security
    guard services; contracting for the furnishing of topographic maps and
    for the making of geophysical or other specialized surveys when it is
    administratively determined that such procedures are in the public
    interest; construction and maintenance of necessary buildings and
    appurtenant facilities; acquisition of lands for gauging stations and
    observation wells; expenses of the United States National Committee on
    Geology; and payment of compensation and expenses of persons on the
    rolls of the Survey duly appointed to represent the United States in
    the negotiation and administration of interstate compacts: Provided,
    That activities funded by appropriations herein made may be
    accomplished through the use of contracts, grants, or cooperative
    agreements as defined in 31 U.S.C. 6302 et seq.: Provided further, That
    the United States Geological Survey may enter into contracts or
    cooperative agreements directly with individuals or indirectly with
    institutions or nonprofit organizations, without regard to 41 U.S.C. 5,
    for the temporary or intermittent services of students or recent
    graduates, who shall be considered employees for the purpose of
    chapters 57 and 81 of title 5, United States Code, relating to
    compensation for travel and work injuries, and chapter 171 of title 28,
    United States Code, relating to tort claims, but shall not be
    considered to be Federal employees for any other purposes.

                          Minerals Management Service

                    royalty and offshore minerals management

        For expenses necessary for minerals leasing and environmental
    studies, regulation of industry operations, and collection of
    royalties, as authorized by law; for enforcing laws and regulations
    applicable to oil, gas, and other minerals leases, permits, licenses
    and operating contracts; for energy-related or other authorized marine-
    related purposes on the Outer Continental Shelf; and for matching
    grants or cooperative agreements, $157,202,000, to remain available
    until September 30, 2009, of which $82,371,000 shall be available for
    royalty management activities; and an amount not to exceed
    $135,730,000, to be credited to this appropriation and to remain
    available until expended, from additions to receipts resulting from
    increases to rates in effect on August 5, 1993, from rate increases to
    fee collections for Outer Continental Shelf administrative activities
    performed by the Minerals Management Service (MMS) over and above the
    rates in effect on September 30, 1993, and from additional fees for
    Outer Continental Shelf administrative activities established after
    September 30, 1993 that the Secretary of the Interior shall collect in
    fiscal year 2008 and retain and use for the necessary expenses of this
    appropriation: Provided, That to the extent $135,730,000 in addition to
    receipts are not realized from the sources of receipts stated above,
    the amount needed to reach $135,730,000 shall be credited to this
    appropriation from receipts resulting from rental rates for Outer
    Continental Shelf leases in effect before August 5, 1993: Provided
    further, That not to exceed $3,000 shall be available for reasonable
    expenses related to promoting volunteer beach and marine cleanup
    activities: Provided further, That notwithstanding any other provision
    of law, $15,000 under this heading shall be available for refunds of
    overpayments in connection with certain Indian leases in which the
    Director of MMS concurred with the claimed refund due, to pay amounts
    owed to Indian allottees or tribes, or to correct prior unrecoverable
    erroneous payments: Provided further, That for the costs of
    administration of the Coastal Impact Assistance Program authorized by
    section 31 of the Outer Continental Shelf Lands Act, as amended (43
    U.S.C. 1456a), MMS in fiscal years 2008 through 2010 may retain up to
    three percent of the amounts which are disbursed under section
    31(b)(1), such retained amounts to remain available until expended.

                               oil spill research

        For necessary expenses to carry out title I, section 1016, title
    IV, sections 4202 and 4303, title VII, and title VIII, section 8201 of
    the Oil Pollution Act of 1990, $6,403,000, which shall be derived from
    the Oil Spill Liability Trust Fund, to remain available until expended.

                           administrative provisions

        The eighth proviso under the heading of ``Minerals Management
    Service'' in division E, title I, of the Consolidated Appropriations
    Act, 2005 (Public Law 108-447), is amended by inserting ``and Indian
    accounts'' after ``States'', replacing the term ``provision'' with
    ``provisions'', and inserting ``and (d)'' after 30 U.S.C. 1721(b).
        Notwithstanding the provisions of section 35(b) of the Mineral
    Leasing Act, as amended (30 U.S.C. 191(b)), the Secretary shall deduct
    2 percent from the amount payable to each State in fiscal year 2008 and
    deposit the amount deducted to miscellaneous receipts of the Treasury.

              Office of Surface Mining Reclamation and Enforcement

                           regulation and technology

        For necessary expenses to carry out the provisions of the Surface
    Mining Control and Reclamation Act of 1977, Public Law 95-87, as
    amended, $120,237,000, to remain available until September 30, 2009:
    Provided, That the Secretary of the Interior, pursuant to regulations,
    may use directly or through grants to States, moneys collected in
    fiscal year 2008 for civil penalties assessed under section 518 of the
    Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1268), to
    reclaim lands adversely affected by coal mining practices after August
    3, 1977, to remain available until expended: Provided further, That
    appropriations for the Office of Surface Mining Reclamation and
    Enforcement may provide for the travel and per diem expenses of State
    and tribal personnel attending Office of Surface Mining Reclamation and
    Enforcement sponsored training.

                        abandoned mine reclamation fund

        For necessary expenses to carry out title IV of the Surface Mining
    Control and Reclamation Act of 1977, Public Law 95-87, as amended,
    $52,774,000, to be derived from receipts of the Abandoned Mine
    Reclamation Fund and to remain available until expended: Provided, That
    pursuant to Public Law 97-365, the Department of the Interior is
    authorized to use up to 20 percent from the recovery of the delinquent
    debt owed to the United States Government to pay for contracts to
    collect these debts: Provided further, That amounts provided under this
    heading may be used for the travel and per diem expenses of State and
    tribal personnel attending Office of Surface Mining Reclamation and
    Enforcement sponsored training.

                            administrative provision

        With funds available for the Technical Innovation and Professional
    Services program in this Act, the Secretary may transfer title for
    computer hardware, software and other technical equipment to State and
    tribal regulatory and reclamation programs.

                            Bureau of Indian Affairs

                          operation of indian programs

                         (including transfer of funds)

        For expenses necessary for the operation of Indian programs, as
    authorized by law, including the Snyder Act of November 2, 1921 (25
    U.S.C. 13), the Indian Self-Determination and Education Assistance Act
    of 1975 (25 U.S.C. 450 et seq.), as amended, the Education Amendments
    of 1978 (25 U.S.C. 2001-2019), and the Tribally Controlled Schools Act
    of 1988 (25 U.S.C. 2501 et seq.), as amended, $2,080,261,000, to remain
    available until September 30, 2009 except as otherwise provided herein;
    of which not to exceed $8,500 may be for official reception and
    representation expenses; and of which not to exceed $80,179,000 shall
    be for welfare assistance payments: Provided, That in cases of
    designated Federal disasters, the Secretary may exceed such cap, from
    the amounts provided herein, to provide for disaster relief to Indian
    communities affected by the disaster; notwithstanding any other
    provision of law, including but not limited to the Indian Self-
    Determination Act of 1975, as amended, not to exceed $149,628,000 shall
    be available for payments for contract support costs associated with
    ongoing contracts, grants, compacts, or annual funding agreements
    entered into with the Bureau prior to or during fiscal year 2008, as
    authorized by such Act, except that tribes and tribal organizations may
    use their tribal priority allocations for unmet contract support costs
    of ongoing contracts, grants, or compacts, or annual funding agreements
    and for unmet welfare assistance costs; of which not to exceed
    $487,500,000 for school operations costs of Bureau-funded schools and
    other education programs shall become available on July 1, 2008, and
    shall remain available until September 30, 2009; and of which not to
    exceed $60,222,000 shall remain available until expended for housing
    improvement, road maintenance, attorney fees, litigation support, the
    Indian Self-Determination Fund, land records improvement, and the
    Navajo-Hopi Settlement Program: Provided further, That notwithstanding
    any other provision of law, including but not limited to the Indian
    Self-Determination Act of 1975, as amended, and 25 U.S.C. 2008, not to
    exceed $44,060,000 within and only from such amounts made available for
    school operations shall be available for administrative cost grants
    associated with ongoing grants entered into with the Bureau prior to or
    during fiscal year 2007 for the operation of Bureau-funded schools, and
    up to $500,000 within and only from such amounts made available for
    school operations shall be available for the transitional costs of
    initial administrative cost grants to grantees that enter into grants
    for the operation on or after July 1, 2007, of Bureau-operated schools:
    Provided further, That any forestry funds allocated to a tribe which
    remain unobligated as of September 30, 2009, may be transferred during
    fiscal year 2010 to an Indian forest land assistance account
    established for the benefit of the holder of the funds within the
    tribe's trust fund account: Provided further, That any such unobligated
    balances not so transferred shall expire on September 30, 2010.

                                  construction

                         (including transfer of funds)

        For construction, repair, improvement, and maintenance of
    irrigation and power systems, buildings, utilities, and other
    facilities, including architectural and engineering services by
    contract; acquisition of lands, and interests in lands; and preparation
    of lands for farming, and for construction of the Navajo Indian
    Irrigation Project pursuant to Public Law 87-483, $206,983,000, to
    remain available until expended: Provided, That such amounts as may be
    available for the construction of the Navajo Indian Irrigation Project
    may be transferred to the Bureau of Reclamation: Provided further, That
    not to exceed 6 percent of contract authority available to the Bureau
    of Indian Affairs from the Federal Highway Trust Fund may be used to
    cover the road program management costs of the Bureau: Provided
    further, That any funds provided for the Safety of Dams program
    pursuant to 25 U.S.C. 13 shall be made available on a nonreimbursable
    basis: Provided further, That for fiscal year 2008, in implementing new
    construction or facilities improvement and repair project grants in
    excess of $100,000 that are provided to grant schools under Public Law
    100-297, as amended, the Secretary of the Interior shall use the
    Administrative and Audit Requirements and Cost Principles for
    Assistance Programs contained in 43 CFR part 12 as the regulatory
    requirements: Provided further, That such grants shall not be subject
    to section 12.61 of 43 CFR; the Secretary and the grantee shall
    negotiate and determine a schedule of payments for the work to be
    performed: Provided further, That in considering applications, the
    Secretary shall consider whether such grantee would be deficient in
    assuring that the construction projects conform to applicable building
    standards and codes and Federal, tribal, or State health and safety
    standards as required by 25 U.S.C. 2005(b), with respect to
    organizational and financial management capabilities: Provided further,
    That if the Secretary declines an application, the Secretary shall
    follow the requirements contained in 25 U.S.C. 2504(f): Provided
    further, That any disputes between the Secretary and any grantee
    concerning a grant shall be subject to the disputes provision in 25
    U.S.C. 2507(e): Provided further, That in order to ensure timely
    completion of replacement school construction projects, the Secretary
    may assume control of a project and all funds related to the project,
    if, within eighteen months of the date of enactment of this Act, any
    grantee receiving funds appropriated in this Act or in any prior Act,
    has not completed the planning and design phase of the project and
    commenced construction of the replacement school: Provided further,
    That this Appropriation may be reimbursed from the Office of the
    Special Trustee for American Indians Appropriation for the appropriate
    share of construction costs for space expansion needed in agency
    offices to meet trust reform implementation.

     indian land and water claim settlements and miscellaneous payments to
                                    indians

        For payments and necessary administrative expenses for
    implementation of Indian land and water claim settlements pursuant to
    Public Laws 99-264, 100-580, 101-618, 107-331, 108-447, 109-379, and
    109-479, and for implementation of other land and water rights
    settlements, $34,069,000, to remain available until expended.

                     indian guaranteed loan program account

        For the cost of guaranteed and insured loans, $6,276,000, of which
    $700,000 is for administrative expenses, as authorized by the Indian
    Financing Act of 1974, as amended: Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974: Provided further, That these
    funds are available to subsidize total loan principal, any part of
    which is to be guaranteed, not to exceed $85,506,098.

                           administrative provisions

        The Bureau of Indian Affairs may carry out the operation of Indian
    programs by direct expenditure, contracts, cooperative agreements,
    compacts and grants, either directly or in cooperation with States and
    other organizations.
        Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
    contract for services in support of the management, operation, and
    maintenance of the Power Division of the San Carlos Irrigation Project.
        Appropriations for the Bureau of Indian Affairs (except the
    revolving fund for loans, the Indian loan guarantee and insurance fund,
    and the Indian Guaranteed Loan Program account) shall be available for
    expenses of exhibits.
        Notwithstanding any other provision of law, no funds available to
    the Bureau of Indian Affairs for central office oversight and Executive
    Direction and Administrative Services (except executive direction and
    administrative services funding for Tribal Priority Allocations and
    regional offices) shall be available for contracts, grants, compacts,
    or cooperative agreements with the Bureau of Indian Affairs under the
    provisions of the Indian Self-Determination Act or the Tribal Self-
    Governance Act of 1994 (Public Law 103-413).
        In the event any tribe returns appropriations made available by
    this Act to the Bureau of Indian Affairs, this action shall not
    diminish the Federal Government's trust responsibility to that tribe,
    or the government-to-government relationship between the United States
    and that tribe, or that tribe's ability to access future
    appropriations.
        Notwithstanding any other provision of law, no funds available to
    the Bureau, other than the amounts provided herein for assistance to
    public schools under 25 U.S.C. 452 et seq., shall be available to
    support the operation of any elementary or secondary school in the
    State of Alaska.
        Appropriations made available in this or any other Act for schools
    funded by the Bureau shall be available only to the schools in the
    Bureau school system as of September 1, 1996. No funds available to the
    Bureau shall be used to support expanded grades for any school or
    dormitory beyond the grade structure in place or approved by the
    Secretary of the Interior at each school in the Bureau school system as
    of October 1, 1995. Funds made available under this Act may not be used
    to establish a charter school at a Bureau-funded school (as that term
    is defined in section 1146 of the Education Amendments of 1978 (25
    U.S.C. 2026)), except that a charter school that is in existence on the
    date of the enactment of this Act and that has operated at a Bureau-
    funded school before September 1, 1999, may continue to operate during
    that period, but only if the charter school pays to the Bureau a pro
    rata share of funds to reimburse the Bureau for the use of the real and
    personal property (including buses and vans), the funds of the charter
    school are kept separate and apart from Bureau funds, and the Bureau
    does not assume any obligation for charter school programs of the State
    in which the school is located if the charter school loses such
    funding. Employees of Bureau-funded schools sharing a campus with a
    charter school and performing functions related to the charter school's
    operation and employees of a charter school shall not be treated as
    Federal employees for purposes of chapter 171 of title 28, United
    States Code.
        Notwithstanding 25 U.S.C. 2007(d), and implementing regulations,
    the funds reserved from the Indian Student Equalization Program to meet
    emergencies and unforeseen contingencies affecting education programs
    appropriated herein and in Public Law 109-54 may be used for costs
    associated with significant student enrollment increases at Bureau-
    funded schools during the relevant school year.
        Notwithstanding any other provision of law, including section 113
    of title I of appendix C of Public Law 106-113, if in fiscal year 2003
    or 2004 a grantee received indirect and administrative costs pursuant
    to a distribution formula based on section 5(f) of Public Law 101-301,
    the Secretary shall continue to distribute indirect and administrative
    cost funds to such grantee using the section 5(f) distribution formula.

                              Departmental Offices

                            Office of the Secretary

                             salaries and expenses

        For necessary expenses for management of the Department of the
    Interior, $101,151,000; of which not to exceed $15,000 may be for
    official reception and representation expenses; and of which up to
    $1,000,000 shall be available for workers compensation payments and
    unemployment compensation payments associated with the orderly closure
    of the United States Bureau of Mines.

                                Insular Affairs

                           assistance to territories

        For expenses necessary for assistance to territories under the
    jurisdiction of the Department of the Interior, $78,613,000, of which:
    (1) $70,137,000 shall remain available until expended for technical
    assistance, including maintenance assistance, disaster assistance,
    insular management controls, coral reef initiative activities, and
    brown tree snake control and research; grants to the judiciary in
    American Samoa for compensation and expenses, as authorized by law (48
    U.S.C. 1661(c)); grants to the Government of American Samoa, in
    addition to current local revenues, for construction and support of
    governmental functions; grants to the Government of the Virgin Islands
    as authorized by law; grants to the Government of Guam, as authorized
    by law; and grants to the Government of the Northern Mariana Islands as
    authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $8,476,000
    shall be available until September 30, 2009 for salaries and expenses
    of the Office of Insular Affairs: Provided, That all financial
    transactions of the territorial and local governments herein provided
    for, including such transactions of all agencies or instrumentalities
    established or used by such governments, may be audited by the
    Government Accountability Office, at its discretion, in accordance with
    chapter 35 of title 31, United States Code: Provided further, That
    Northern Mariana Islands Covenant grant funding shall be provided
    according to those terms of the Agreement of the Special
    Representatives on Future United States Financial Assistance for the
    Northern Mariana Islands approved by Public Law 104-134: Provided
    further, That of the amounts provided for technical assistance,
    sufficient funds shall be made available for a grant to the Pacific
    Basin Development Council: Provided further, That of the amounts
    provided for technical assistance, sufficient funding shall be made
    available for a grant to the Close Up Foundation: Provided further,
    That the funds for the program of operations and maintenance
    improvement are appropriated to institutionalize routine operations and
    maintenance improvement of capital infrastructure with territorial
    participation and cost sharing to be determined by the Secretary based
    on the grantee's commitment to timely maintenance of its capital
    assets: Provided further, That any appropriation for disaster
    assistance under this heading in this Act or previous appropriations
    Acts may be used as non-Federal matching funds for the purpose of
    hazard mitigation grants provided pursuant to section 404 of the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
    5170c).

                          compact of free association

        For grants and necessary expenses, $5,362,000, to remain available
    until expended, as provided for in sections 221(a)(2), 221(b), and 233
    of the Compact of Free Association for the Republic of Palau; and
    section 221(a)(2) of the Compacts of Free Association for the
    Government of the Republic of the Marshall Islands and the Federated
    States of Micronesia, as authorized by Public Law 99-658 and Public Law
    108-188.

                            Office of the Solicitor

                             salaries and expenses

        For necessary expenses of the Office of the Solicitor, $59,250,000.

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General,
    $44,572,000.

                 Office of Special Trustee for American Indians

                             federal trust programs

        For the operation of trust programs for Indians by direct
    expenditure, contracts, cooperative agreements, compacts, and grants,
    $182,331,000, to remain available until expended, of which not to
    exceed $56,384,000 from this or any other Act, shall be available for
    historical accounting: Provided, That funds for trust management
    improvements and litigation support may, as needed, be transferred to
    or merged with the Bureau of Indian Affairs, ``Operation of Indian
    Programs'' account; the Office of the Solicitor, ``Salaries and
    Expenses'' account; and the Office of the Secretary, ``Salaries and
    Expenses'' account: Provided further, That funds made available through
    contracts or grants obligated during fiscal year 2008, as authorized by
    the Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.),
    shall remain available until expended by the contractor or grantee:
    Provided further, That, notwithstanding any other provision of law, the
    statute of limitations shall not commence to run on any claim,
    including any claim in litigation pending on the date of the enactment
    of this Act, concerning losses to or mismanagement of trust funds,
    until the affected tribe or individual Indian has been furnished with
    an accounting of such funds from which the beneficiary can determine
    whether there has been a loss: Provided further, That, notwithstanding
    any other provision of law, the Secretary shall not be required to
    provide a quarterly statement of performance for any Indian trust
    account that has not had activity for at least 18 months and has a
    balance of $15.00 or less: Provided further, That the Secretary shall
    issue an annual account statement and maintain a record of any such
    accounts and shall permit the balance in each such account to be
    withdrawn upon the express written request of the account holder:
    Provided further, That not to exceed $50,000 is available for the
    Secretary to make payments to correct administrative errors of either
    disbursements from or deposits to Individual Indian Money or Tribal
    accounts after September 30, 2002: Provided further, That erroneous
    payments that are recovered shall be credited to and remain available
    in this account for this purpose.

                           indian land consolidation

        For consolidation of fractional interests in Indian lands and
    expenses associated with redetermining and redistributing escheated
    interests in allotted lands, and for necessary expenses to carry out
    the Indian Land Consolidation Act of 1983, as amended, by direct
    expenditure or cooperative agreement, $10,000,000, to remain available
    until expended, and which may be transferred to the Bureau of Indian
    Affairs and Office of the Secretary accounts.

                            Department-wide Programs

                           payments in lieu of taxes

        For expenses necessary to implement the Act of October 20, 1976, as
    amended (31 U.S.C. 6901-6907), $232,528,000, of which not to exceed
    $400,000 shall be available for administrative expenses: Provided, That
    no payment shall be made to otherwise eligible units of local
    government if the computed amount of the payment is less than $100.

                        central hazardous materials fund

        For necessary expenses of the Department of the Interior and any of
    its component offices and bureaus for the remedial action, including
    associated activities, of hazardous waste substances, pollutants, or
    contaminants pursuant to the Comprehensive Environmental Response,
    Compensation, and Liability Act, as amended (42 U.S.C. 9601 et seq.),
    $9,954,000, to remain available until expended: Provided, That
    hereafter, notwithstanding 31 U.S.C. 3302, sums recovered from or paid
    by a party in advance of or as reimbursement for remedial action or
    response activities conducted by the Department pursuant to section 107
    or 113(f) of such Act, shall be credited to this account, to be
    available until expended without further appropriation: Provided
    further, That hereafter such sums recovered from or paid by any party
    are not limited to monetary payments and may include stocks, bonds or
    other personal or real property, which may be retained, liquidated, or
    otherwise disposed of by the Secretary and which shall be credited to
    this account.

               natural resource damage assessment and restoration

                    natural resource damage assessment fund

        To conduct natural resource damage assessment and restoration
    activities by the Department of the Interior necessary to carry out the
    provisions of the Comprehensive Environmental Response, Compensation,
    and Liability Act, as amended (42 U.S.C. 9601 et seq.), the Federal
    Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.), the
    Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and Public Law 101-
    337, as amended (16 U.S.C. 19jj et seq.), $6,300,000, to remain
    available until expended.

                              working capital fund

        For the acquisition of a departmental financial and business
    management system, $40,727,000, to remain available until expended:
    Provided, That none of the funds in this Act or previous appropriations
    Acts may be used to establish reserves in the Working Capital Fund
    account other than for accrued annual leave and depreciation of
    equipment without prior approval of the House and Senate Committees on
    Appropriations.

                           administrative provisions

        There is hereby authorized for acquisition from available resources
    within the Working Capital Fund, 15 aircraft, 10 of which shall be for
    replacement and which may be obtained by donation, purchase or through
    available excess surplus property: Provided, That existing aircraft
    being replaced may be sold, with proceeds derived or trade-in value
    used to offset the purchase price for the replacement aircraft.

                 General Provisions, Department of the Interior

                         (including transfers of funds)

        Sec. 101. Appropriations made in this title shall be available for
    expenditure or transfer (within each bureau or office), with the
    approval of the Secretary, for the emergency reconstruction,
    replacement, or repair of aircraft, buildings, utilities, or other
    facilities or equipment damaged or destroyed by fire, flood, storm, or
    other unavoidable causes: Provided, That no funds shall be made
    available under this authority until funds specifically made available
    to the Department of the Interior for emergencies shall have been
    exhausted: Provided further, That all funds used pursuant to this
    section must be replenished by a supplemental appropriation which must
    be requested as promptly as possible.
        Sec. 102. The Secretary may authorize the expenditure or transfer
    of any no year appropriation in this title, in addition to the amounts
    included in the budget programs of the several agencies, for the
    suppression or emergency prevention of wildland fires on or threatening
    lands under the jurisdiction of the Department of the Interior; for the
    emergency rehabilitation of burned-over lands under its jurisdiction;
    for emergency actions related to potential or actual earthquakes,
    floods, volcanoes, storms, or other unavoidable causes; for contingency
    planning subsequent to actual oil spills; for response and natural
    resource damage assessment activities related to actual oil spills; for
    the prevention, suppression, and control of actual or potential
    grasshopper and Mormon cricket outbreaks on lands under the
    jurisdiction of the Secretary, pursuant to the authority in section
    1773(b) of Public Law 99-198 (99 Stat. 1658); for emergency reclamation
    projects under section 410 of Public Law 95-87; and shall transfer,
    from any no year funds available to the Office of Surface Mining
    Reclamation and Enforcement, such funds as may be necessary to permit
    assumption of regulatory authority in the event a primacy State is not
    carrying out the regulatory provisions of the Surface Mining Act:
    Provided, That appropriations made in this title for wildland fire
    operations shall be available for the payment of obligations incurred
    during the preceding fiscal year, and for reimbursement to other
    Federal agencies for destruction of vehicles, aircraft, or other
    equipment in connection with their use for wildland fire operations,
    such reimbursement to be credited to appropriations currently available
    at the time of receipt thereof: Provided further, That for wildland
    fire operations, no funds shall be made available under this authority
    until the Secretary determines that funds appropriated for ``wildland
    fire operations'' shall be exhausted within 30 days: Provided further,
    That all funds used pursuant to this section must be replenished by a
    supplemental appropriation which must be requested as promptly as
    possible: Provided further, That such replenishment funds shall be used
    to reimburse, on a pro rata basis, accounts from which emergency funds
    were transferred.
        Sec. 103. Appropriations made to the Department of the Interior in
    this title shall be available for services as authorized by 5 U.S.C.
    3109, when authorized by the Secretary, in total amount not to exceed
    $500,000; purchase and replacement of motor vehicles, including
    specially equipped law enforcement vehicles; hire, maintenance, and
    operation of aircraft; hire of passenger motor vehicles; purchase of
    reprints; payment for telephone service in private residences in the
    field, when authorized under regulations approved by the Secretary; and
    the payment of dues, when authorized by the Secretary, for library
    membership in societies or associations which issue publications to
    members only or at a price to members lower than to subscribers who are
    not members.
        Sec. 104. No funds provided in this title may be expended by the
    Department of the Interior for the conduct of offshore preleasing,
    leasing and related activities placed under restriction in the
    President's moratorium statement of June 12, 1998, in the areas of
    northern, central, and southern California; the North Atlantic;
    Washington and Oregon; and the eastern Gulf of Mexico south of 26
    degrees north latitude and east of 86 degrees west longitude.
        Sec. 105. No funds provided in this title may be expended by the
    Department of the Interior to conduct oil and natural gas preleasing,
    leasing and related activities in the Mid-Atlantic and South Atlantic
    planning areas.
        Sec. 106. Appropriations made in this Act under the headings Bureau
    of Indian Affairs and Office of Special Trustee for American Indians
    and any unobligated balances from prior appropriations Acts made under
    the same headings shall be available for expenditure or transfer for
    Indian trust management and reform activities, excluding litigation
    costs. Total funding for historical accounting activities shall not
    exceed amounts specifically designated in this Act for such purpose.
        Sec. 107. Notwithstanding any other provision of law, the Secretary
    of the Interior is authorized to redistribute any Tribal Priority
    Allocation funds, including tribal base funds, to alleviate tribal
    funding inequities by transferring funds to address identified, unmet
    needs, dual enrollment, overlapping service areas or inaccurate
    distribution methodologies. No tribe shall receive a reduction in
    Tribal Priority Allocation funds of more than 10 percent in fiscal year
    2008. Under circumstances of dual enrollment, overlapping service areas
    or inaccurate distribution methodologies, the 10 percent limitation
    does not apply.
        Sec. 108. Notwithstanding any other provision of law, in conveying
    the Twin Cities Research Center under the authority provided by Public
    Law 104-134, as amended by Public Law 104-208, the Secretary may accept
    and retain land and other forms of reimbursement: Provided, That the
    Secretary may retain and use any such reimbursement until expended and
    without further appropriation: (1) for the benefit of the National
    Wildlife Refuge System within the State of Minnesota; and (2) for all
    activities authorized by 16 U.S.C. 460zz.
        Sec. 109. The Secretary of the Interior may hereafter use or
    contract for the use of helicopters or motor vehicles on the Sheldon
    and Hart National Wildlife Refuges for the purpose of capturing and
    transporting horses and burros. The provisions of subsection (a) of the
    Act of September 8, 1959 (18 U.S.C. 47(a)) shall not be applicable to
    such use. Such use shall be in accordance with humane procedures
    prescribed by the Secretary.
        Sec. 110. None of the funds in this or any other Act can be used to
    compensate the Special Master and the Special Master-Monitor, and all
    variations thereto, appointed by the United States District Court for
    the District of Columbia in the Cobell v. Kempthorne litigation at an
    annual rate that exceeds 200 percent of the highest Senior Executive
    Service rate of pay for the Washington-Baltimore locality pay area.
        Sec. 111. The Secretary of the Interior may use discretionary funds
    to pay private attorney fees and costs for employees and former
    employees of the Department of the Interior reasonably incurred in
    connection with Cobell v. Kempthorne to the extent that such fees and
    costs are not paid by the Department of Justice or by private
    insurance. In no case shall the Secretary make payments under this
    section that would result in payment of hourly fees in excess of the
    highest hourly rate approved by the District Court for the District of
    Columbia for counsel in Cobell v. Kempthorne.
        Sec. 112. No funds appropriated for the Department of the Interior
    by this Act or any other Act shall be used to study or implement any
    plan to drain Lake Powell or to reduce the water level of the lake
    below the range of water levels required for the operation of the Glen
    Canyon Dam.
        Sec. 113. The United States Fish and Wildlife Service shall, in
    carrying out its responsibilities to protect threatened and endangered
    species of salmon, implement a system of mass marking of salmonid
    stocks, intended for harvest, that are released from federally-operated
    or federally-financed hatcheries including but not limited to fish
    releases of coho, chinook, and steelhead species. Marked fish must have
    a visible mark that can be readily identified by commercial and
    recreational fishers.
        Sec. 114. Notwithstanding any implementation of the Department of
    the Interior's trust reorganization or reengineering plans, or the
    implementation of the ``To Be'' Model, funds appropriated for fiscal
    year 2008 shall be available to the tribes within the California Tribal
    Trust Reform Consortium and to the Salt River Pima-Maricopa Indian
    Community, the Confederated Salish and Kootenai Tribes of the Flathead
    Reservation and the Chippewa Cree Tribe of the Rocky Boys Reservation
    through the same methodology as funds were distributed in fiscal year
    2003. This Demonstration Project shall continue to operate separate and
    apart from the Department of the Interior's trust reform and
    reorganization and the Department shall not impose its trust management
    infrastructure upon or alter the existing trust resource management
    systems of the above referenced tribes having a self-governance compact
    and operating in accordance with the Tribal Self-Governance Program set
    forth in 25 U.S.C. 458aa-458hh: Provided, That the California Trust
    Reform Consortium and any other participating tribe agree to carry out
    their responsibilities under the same written and implemented fiduciary
    standards as those being carried by the Secretary of the Interior:
    Provided further, That they demonstrate to the satisfaction of the
    Secretary that they have the capability to do so: Provided further,
    That the Department shall provide funds to the tribes in an amount
    equal to that required by 25 U.S.C. 458cc(g)(3), including funds
    specifically or functionally related to the provision of trust services
    to the tribes or their members.
        Sec. 115. Notwithstanding any other provision of law, the Secretary
    of the Interior is authorized to acquire lands, waters, or interests
    therein including the use of all or part of any pier, dock, or landing
    within the State of New York and the State of New Jersey, for the
    purpose of operating and maintaining facilities in the support of
    transportation and accommodation of visitors to Ellis, Governors, and
    Liberty Islands, and of other program and administrative activities, by
    donation or with appropriated funds, including franchise fees (and
    other monetary consideration), or by exchange; and the Secretary is
    authorized to negotiate and enter into leases, subleases, concession
    contracts or other agreements for the use of such facilities on such
    terms and conditions as the Secretary may determine reasonable.
         Sec. 116. Notwithstanding any other provision of law, including 42
    U.S.C. 4321 et seq., nonrenewable grazing permits authorized in the
    Jarbidge Field Office, Bureau of Land Management since March 1, 1997
    shall be renewed. The Animal Unit Months, authorized in any
    nonrenewable grazing permit from March 1, 1997 to present shall
    continue in effect under the renewed permit. Nothing in this section
    shall be deemed to extend the renewed permit beyond the standard 1-year
    term. The period of this provision will be until all of the grazing
    permits in the Jarbidge Field Office are renewed after the completion
    of the Record of Decision for the Jarbidge Resource Management Plan/
    Final Environmental Impact Statement.
        Sec. 117. Oil and Gas Leasing Internet Pilot Program.
    Notwithstanding section 17(b)(1)(A) of the Mineral Leasing Act (30
    U.S.C 226(b)(1)(A)), the Secretary of the Interior shall establish an
    oil and gas leasing Internet pilot program, under which the Secretary
    may conduct lease sales through methods other than oral bidding. To
    carry out the pilot program, the Secretary of the Interior may use not
    more than $250,000 of funds in the BLM Permit Processing Improvement
    Fund described in section 35(c)(2)(B) of the Mineral Leasing Act (30
    U.S.C. 191(c)(2)(B)).
        Sec. 118. Notwithstanding any other provision of law, the Secretary
    of the Interior is directed to sell property within the Protection
    Island National Wildlife Refuge and the Dungeness National Wildlife
    Refuge to the Washington State Department of Transportation.
        Sec. 119. No funds appropriated or otherwise made available to the
    Department of the Interior may be used, in relation to any proposal to
    store water for the purpose of export, for approval of any right-of-way
    or similar authorization on the Mojave National Preserve or lands
    managed by the Needles Field Office of the Bureau of Land Management,
    or for carrying out any activities associated with such right-of-way or
    similar approval.
        Sec. 120. Section 460ccc-4 of the Red Rock Canyon National
    Conservation Area Establishment Act authorization (16 U.S.C. 460ccc) is
    amended--
                (1) in section (a)(1), by striking ``with donated or
            appropriated funds'';
                (2) by striking section (a)(2);
                (3) in section (a)(3), by striking ``(3)'' and replacing
            with ``(2)'';
                (4) in section (a)(4), by striking ``(4)'' and replacing
            with ``(3)''.
        Sec. 121. Title 43 U.S.C. 1473 is amended by inserting at the end
    of that section before the period the following: ``, including, in
    fiscal year 2008 only, contributions of money and services to conduct
    work in support of the orderly exploration and development of Outer
    Continental Shelf resources, including but not limited to, preparation
    of environmental documents such as impact statements and assessments,
    studies, and related research''.
        Sec. 122. Section 1077(c) of Public Law 109-364 is repealed.
        Sec. 123. Section 144 of division E of Public Law 108-447, as
    amended, is amended in paragraph (b)(2) by striking ``November 12,
    2004'' and inserting ``May 4, 2005.''
        Sec. 124. Section 105(f)(1)(B) of the Compact of Free Association
    Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)) is amended in clause
    (ix) by--
                (1) striking ``Republic'' both places it appears and
            inserting ``government, institutions, and people'';
                (2) striking ``2007'' and inserting ``2009''; and
                (3) striking ``was'' and inserting ``were''.
        Sec. 125. The Secretary of the Interior may enter into cooperative
    agreements with a State or political subdivision (including any agency
    thereof), or any not-for-profit organization if the agreement will: (1)
    serve a mutual interest of the parties to the agreement in carrying out
    the programs administered by the Department of the Interior; and (2)
    all parties will contribute resources to the accomplishment of these
    objectives. At the discretion of the Secretary, such agreements shall
    not be subject to a competitive process.
        Sec. 126. The Federal properties commonly referred to as the Barnes
    Ranch and Agency Lake Ranch (the properties) in Klamath County, Oregon,
    managed by the Bureau of Reclamation shall be transferred to the Upper
    Klamath National Wildlife Refuge (Refuge) in accordance with the
    Memorandum of Understanding between the U.S. Fish and Wildlife Service
    Klamath Basin National Wildlife Refuge Complex and the Bureau of
    Reclamation Klamath Basin Area Office and The Nature Conservancy dated
    March 2, 2007, as expeditiously as possible and no later than December
    2008: Provided, That these Federal properties and all Federal refuge
    lands within the adjusted boundary area for the Refuge, as approved by
    the U.S. Fish and Wildlife Service (Service) in June 2005 under the
    Land Protection Plan of 2005, shall be made a part of the Refuge and
    shall be managed by the Service as such: Provided further, That each
    year after the properties become part of the Refuge, those increments
    of water passively stored on the properties shall be applied and
    credited toward the requirements of any consultation or reconsultation
    over Klamath Project operations pursuant to section 7 of the Endangered
    Species Act, consistent with Federal law and State water law.
        Sec. 127. Corinth Unit of Shiloh National Military Park Boundary
    Expansion. The Corinth Battlefield Preservation Act of 2000 (16 U.S.C.
    430f-6 et seq.) is amended--
                (1) in section 3(1) (16 U.S.C. 430f-7(1)), by striking
            ``304/80,007, and dated October 1998'' and inserting ``304A/
            80009, and dated April 2007'';
                (2) in section 4(b) (16 U.S.C. 430f-8(b)), by striking
            paragraph (1) and inserting the following:
                ``(1) approximately 950 acres, as generally depicted on the
            Map; and'';
                (3) in section 5(a) (16 U.S.C. 430f-9(a)), by striking ``as
            depicted on the Map'' and inserting ``described in section
            4(b)'';
                (4) by striking section 7 (16 U.S.C. 430f-11); and
                (5) by redesignating section 8 (16 U.S.C. 430f-12) as
            section 7.
        Sec. 128. In section 5(8) of Public Law 107-226, strike ``acquire''
    and all that follows and insert, ``acquire the land or interests in
    land for the memorial by donation, purchase with donated or
    appropriated funds, exchange or condemnation with donated or
    appropriated funds; and''.
        Sec. 129. Clarification of Concessionaire Historic Rights. (a) In
    implementing section 1307 of Public Law 96-487 (96 Stat. 2479), the
    Secretary shall deem Denali National Park Wilderness Centers, Ltd., a
    corporation organized and existing under the laws of the State of
    Alaska, to be a person who, on or before January 1, 1979, was engaged
    in adequately providing the following scope and level of visitor
    services within what is currently Denali National Park and Preserve:
                (1) Guided interpretive hiking services in the Kantishna
            area new park additions (i.e. park area added in 1980 to former
            Mount McKinley National Park), not to exceed 14 guided
            interpretive hikes per week.
                (2) Gold panning outings in the Kantishna area new park
            additions, not to exceed 3 gold panning outings per week.
                (3) Guided interpretive trips, including an average of four
            vehicle trips per day, not to exceed 28 trips per week, into
            the Old Park (i.e. former Mount McKinley National Park).
                (4) Guided and unguided canoeing on Wonder Lake, including
            the storage of five canoes on Wonder Lake.
                (5) Transportation over the road between the north boundary
            of the Old Park and Wonder Lake, including Wonder Lake
            Campground, for an average of 10 trips per day not to exceed 70
            trips per week.
        (b) For purpose of implementing this section, the term ``person''
    means the person who has a controlling interest in the entity described
    under subsection (a) or his lineal descendants born prior to January 1,
    1979.
        Sec. 130. Section 16 of the Colorado Ute Indian Water Rights
    Settlement Act of 1988 (Public Law 100-585; 102 Stat. 2913; 114 Stat.
    2763A-263)) is amended--
                (1) in subsection (c)(3)(B)(iii), by striking ``by
            requiring'' and all that follows through ``enhancement'' and
            inserting the following: ``, the plan shall provide that not
            less than \1/3\ of the funds referred to in clause (i) shall be
            expended for municipal or rural water development and that
            annual expenditures under that provision shall be reported to
            the Secretary each year''; and
                (2) in the third sentence of subsection (f), by striking
            ``December 31, 2012'' and inserting ``the date that is 5 years
            after the date of the final settlement of the tribal claims
            under section 18''.
        Sec. 131. Funds provided in this Act for Federal land acquisition
    by the National Park Service for Shenandoah Valley Battlefields
    National Historic District and Ice Age National Scenic Trail may be
    used for a grant to a State, a local government, or any other land
    management entity for the acquisition of lands without regard to any
    restriction on the use of Federal land acquisition funds provided
    through the Land and Water Conservation Fund Act of 1965 as amended.
        Sec. 132. From within amounts provided to the National Park Service
    Land Acquisition account by this Act, $2,000,000 shall be made
    available to the State of Mississippi pursuant to a grant agreement
    with the National Park Service, in order that the State may acquire
    land or interests in land on Cat Island, which is located within the
    Gulf Islands National Seashore. Funds provided to the State of
    Mississippi through such grant agreement shall not be contingent upon
    matching funds provided by the State. Any lands or interests acquired
    with funds under this section shall be owned by the federal government
    and administered as part of the National Seashore.
        Sec. 133. Mesa Verde National Park Boundary Change.   (a)
    Acquisition of Land.--
                (1) In general.--The Secretary may acquire the land or an
            interest in the land described in subsection (b) for addition
            to the Mesa Verde National Park.
                (2) Means.--An acquisition of land under paragraph (1) may
            be made by donation, purchase from a willing seller with
            donated or appropriated funds, or exchange.
        (b) Description of Land.--The land referred to in subsection (a)(1)
    is the approximately 360 acres of land adjacent to the Park, as
    generally depicted on the map, entitled ``Mesa Verde National Park
    Proposed Boundary Adjustment'', numbered 307/80,180, and dated March 1,
    2007.
        (c) Availability of Map.--The map shall be on file and available
    for inspection in the appropriate offices of the National Park Service.
        (d) Boundary Modification.--The boundary of the Park shall be
    revised to reflect the acquisition of the land under subsection (a).
        (e) Administration.--The Secretary shall administer any land or
    interest in land acquired under subsection (a)(1) as part of the Park
    in accordance with the laws (including regulations) applicable to the
    Park.
        Sec. 134. In implementing section 1307 of Public Law 96-487 (4
    Stat. 2479), the Secretary shall deem the present holders of entry
    permit CP-GLBA005-00 and entry permit CP-GLBA004-00 each to be a person
    who, on or before January 1, 1979, was engaged in adequately providing
    visitor services of the type authorized in said permit within Glacier
    Bay National Park.
        Sec. 135. Funds provided under Public Law 109-54 may be granted to
    the Alice Ferguson Foundation for site planning and design and
    rehabilitation of the Potomac River Habitat Study Complex and the
    Wareham Lodge.

                                    TITLE II

                        ENVIRONMENTAL PROTECTION AGENCY

                             Science and Technology

        For science and technology, including research and development
    activities, which shall include research and development activities
    under the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended; necessary expenses for personnel and
    related costs and travel expenses, including uniforms, or allowances
    therefor, as authorized by 5 U.S.C. 5901-5902; services as authorized
    by 5 U.S.C. 3109, but at rates for individuals not to exceed the per
    diem rate equivalent to the maximum rate payable for senior level
    positions under 5 U.S.C. 5376; procurement of laboratory equipment and
    supplies; other operating expenses in support of research and
    development; construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $85,000 per project,
    $772,129,000, to remain available until September 30, 2009.

                     Environmental Programs and Management

        For environmental programs and management, including necessary
    expenses, not otherwise provided for, for personnel and related costs
    and travel expenses, including uniforms, or allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; services as authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the maximum rate payable for senior level positions under
    5 U.S.C. 5376; hire of passenger motor vehicles; hire, maintenance, and
    operation of aircraft; purchase of reprints; library memberships in
    societies or associations which issue publications to members only or
    at a price to members lower than to subscribers who are not members;
    construction, alteration, repair, rehabilitation, and renovation of
    facilities, not to exceed $85,000 per project; and not to exceed $9,000
    for official reception and representation expenses, $2,364,854,000, to
    remain available until September 30, 2009, including administrative
    costs of the brownfields program under the Small Business Liability
    Relief and Brownfields Revitalization Act of 2002.

                          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, as
    amended, and for construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $85,000 per project,
    $41,750,000, to remain available until September 30, 2009.

                            Buildings and Facilities

        For construction, repair, improvement, extension, alteration, and
    purchase of fixed equipment or facilities of, or for use by, the
    Environmental Protection Agency, $34,801,000, to remain available until
    expended.

                         Hazardous Substance Superfund

                         (including transfers of funds)

        For necessary expenses to carry out the Comprehensive Environmental
    Response, Compensation, and Liability Act of 1980 (CERCLA), as amended,
    including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C.
    9611), and for construction, alteration, repair, rehabilitation, and
    renovation of facilities, not to exceed $85,000 per project;
    $1,273,871,000, to remain available until expended, consisting of such
    sums as are available in the Trust Fund on September 30, 2007, as
    authorized by section 517(a) of the Superfund Amendments and
    Reauthorization Act of 1986 (SARA) and up to $1,273,871,000 as a
    payment from general revenues to the Hazardous Substance Superfund for
    purposes as authorized by section 517(b) of SARA, as amended: Provided,
    That funds appropriated under this heading may be allocated to other
    Federal agencies in accordance with section 111(a) of CERCLA: Provided
    further, That of the funds appropriated under this heading, $11,668,000
    shall be paid to the ``Office of Inspector General'' appropriation to
    remain available until September 30, 2009, and $26,126,000 shall be
    paid to the ``Science and Technology'' appropriation to remain
    available until September 30, 2009.

              Leaking Underground Storage Tank Trust Fund Program

        For necessary expenses to carry out leaking underground storage
    tank cleanup activities authorized by subtitle I of the Solid Waste
    Disposal Act, as amended, and for construction, alteration, repair,
    rehabilitation, and renovation of Environmental Protection Agency
    facilities, not to exceed $85,000 per project, $107,493,000, to remain
    available until expended, of which $76,493,000 shall be for carrying
    out leaking underground storage tank cleanup activities authorized by
    section 9003(h) of the Solid Waste Disposal Act, as amended;
    $31,000,000 shall be for carrying out the other provisions of the Solid
    Waste Disposal Act specified in section 9508(c) of the Internal Revenue
    Code, as amended: Provided, That the Administrator is authorized to use
    appropriations made available under this heading to implement section
    9013 of the Solid Waste Disposal Act to provide financial assistance to
    federally-recognized Indian tribes for the development and
    implementation of programs to manage underground storage tanks.

                               Oil Spill Response

        For expenses necessary to carry out the Environmental Protection
    Agency's responsibilities under the Oil Pollution Act of 1990,
    $17,326,000, to be derived from the Oil Spill Liability trust fund, to
    remain available until expended.

                       State And Tribal Assistance Grants

        For environmental programs and infrastructure assistance, including
    capitalization grants for State revolving funds and performance
    partnership grants, $2,972,595,000, to remain available until expended,
    of which $700,000,000 shall be for making capitalization grants for the
    Clean Water State Revolving Funds under title VI of the Federal Water
    Pollution Control Act, as amended (the ``Act''); of which up to
    $75,000,000 shall be available for loans, including interest free loans
    as authorized by 33 U.S.C. 1383(d)(1)(A), to municipal, inter-
    municipal, interstate, or State agencies or nonprofit entities for
    projects that provide treatment for or that minimize sewage or
    stormwater discharges using one or more approaches which include, but
    are not limited to, decentralized or distributed stormwater controls,
    decentralized wastewater treatment, low-impact development practices,
    conservation easements, stream buffers, or wetlands restoration;
    $842,167,000 shall be for capitalization grants for the Drinking Water
    State Revolving Funds under section 1452 of the Safe Drinking Water
    Act, as amended; $20,000,000 shall be for architectural, engineering,
    planning, design, construction and related activities in connection
    with the construction of high priority water and wastewater facilities
    in the area of the United States-Mexico Border, after consultation with
    the appropriate border commission; $25,000,000 shall be for grants to
    the State of Alaska to address drinking water and waste infrastructure
    needs of rural and Alaska Native Villages: Provided, That, of these
    funds: (1) the State of Alaska shall provide a match of 25 percent; (2)
    no more than 5 percent of the funds may be used for administrative and
    overhead expenses; and (3) not later than October 1, 2005, the State of
    Alaska shall make awards consistent with the State-wide priority list
    established in 2004 for all water, sewer, waste disposal, and similar
    projects carried out by the State of Alaska that are funded under
    section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301)
    or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
    seq.) which shall allocate not less than 25 percent of the funds
    provided for projects in regional hub communities; $135,000,000 shall
    be for making special project grants for the construction of drinking
    water, wastewater and storm water infrastructure and for water quality
    protection in accordance with the terms and conditions specified for
    such grants in the explanatory statement accompanying this Act, and,
    for purposes of these grants, each grantee shall contribute not less
    than 45 percent of the cost of the project unless the grantee is
    approved for a waiver by the Agency; $95,000,000 shall be to carry out
    section 104(k) of the Comprehensive Environmental Response,
    Compensation, and Liability Act of 1980 (CERCLA), as amended, including
    grants, interagency agreements, and associated program support costs;
    $50,000,000 shall be for grants under title VII, subtitle G of the
    Energy Policy Act of 2005, as amended; $10,000,000 shall be for grants
    for cost-effective emission reduction projects in accordance with the
    terms and conditions of the explanatory statement accompanying this
    Act; and $1,095,428,000 shall be for grants, including associated
    program support costs, to States, federally-recognized tribes,
    interstate agencies, tribal consortia, and air pollution control
    agencies for multi-media or single media pollution prevention, control
    and abatement and related activities, including activities pursuant to
    the provisions set forth under this heading in Public Law 104-134, and
    for making grants under section 103 of the Clean Air Act for
    particulate matter monitoring and data collection activities subject to
    terms and conditions specified by the Administrator, of which
    $49,495,000 shall be for carrying out section 128 of CERCLA, as
    amended, $10,000,000 shall be for Environmental Information Exchange
    Network grants, including associated program support costs, $18,500,000
    of the funds available for grants under section 106 of the Act shall be
    for water quality monitoring activities, $10,000,000 shall be for
    making competitive targeted watershed grants, and, in addition to funds
    appropriated under the heading ``Leaking Underground Storage Tank Trust
    Fund Program'' to carry out the provisions of the Solid Waste Disposal
    Act specified in section 9508(c) of the Internal Revenue Code other
    than section 9003(h) of the Solid Waste Disposal Act, as amended,
    $2,500,000 shall be for financial assistance to States under section
    2007(f)(2) of the Solid Waste Disposal Act, as amended: Provided
    further, That notwithstanding section 603(d)(7) of the Federal Water
    Pollution Control Act, the limitation on the amounts in a State water
    pollution control revolving fund that may be used by a State to
    administer the fund shall not apply to amounts included as principal in
    loans made by such fund in fiscal year 2008 and prior years where such
    amounts represent costs of administering the fund to the extent that
    such amounts are or were deemed reasonable by the Administrator,
    accounted for separately from other assets in the fund, and used for
    eligible purposes of the fund, including administration: Provided
    further, That for fiscal year 2008, and notwithstanding section 518(f)
    of the Act, the Administrator is authorized to use the amounts
    appropriated for any fiscal year under section 319 of that Act to make
    grants to federally-recognized Indian tribes pursuant to sections
    319(h) and 518(e) of that Act: Provided further, That for fiscal year
    2008, notwithstanding the limitation on amounts in section 518(c) of
    the Act, up to a total of 1\1/2\ percent of the funds appropriated for
    State Revolving Funds under title VI of that Act may be reserved by the
    Administrator for grants under section 518(c) of that Act: Provided
    further, That no funds provided by this appropriations Act to address
    the water, wastewater and other critical infrastructure needs of the
    colonias in the United States along the United States-Mexico border
    shall be made available to a county or municipal government unless that
    government has established an enforceable local ordinance, or other
    zoning rule, which prevents in that jurisdiction the development or
    construction of any additional colonia areas, or the development within
    an existing colonia the construction of any new home, business, or
    other structure which lacks water, wastewater, or other necessary
    infrastructure.

           Administrative Provisions, Environmental Protection Agency

                        (including rescission of funds)

        For fiscal year 2008, notwithstanding 31 U.S.C. 6303(1) and
    6305(1), the Administrator of the Environmental Protection Agency, in
    carrying out the Agency's function to implement directly Federal
    environmental programs required or authorized by law in the absence of
    an acceptable tribal program, may award cooperative agreements to
    federally-recognized Indian Tribes or Intertribal consortia, if
    authorized by their member Tribes, to assist the Administrator in
    implementing Federal environmental programs for Indian Tribes required
    or authorized by law, except that no such cooperative agreements may be
    awarded from funds designated for State financial assistance
    agreements.
        The Administrator of the Environmental Protection Agency is
    authorized to collect and obligate pesticide registration service fees
    in accordance with section 33 of the Federal Insecticide, Fungicide,
    and Rodenticide Act (as added by subsection (f)(2) of the Pesticide
    Registration Improvement Act of 2003), as amended.
        None of the funds provided in this Act may be used, directly or
    through grants, to pay or to provide reimbursement for payment of the
    salary of a consultant (whether retained by the Federal Government or a
    grantee) at more than the daily equivalent of the rate paid for level
    IV of the Executive Schedule, unless specifically authorized by law.
        From unobligated balances to carry out projects and activities
    authorized under section 206(a) of the Federal Water Pollution Control
    Act, $5,000,000 are hereby rescinded.
        None of the funds made available by this Act may be used in
    contravention of, or to delay the implementation of, Executive Order
    No. 12898 of February 11, 1994 (59 Fed. Reg. 7629; relating to Federal
    actions to address environmental justice in minority populations and
    low-income populations).
        Of the funds provided in the Environmental Programs and Management
    account, not less than $3,500,000 shall be provided for activities to
    develop and publish a draft rule not later than 9 months after the date
    of enactment of this Act, and a final rule not later than 18 months
    after the date of enactment of this Act, to require mandatory reporting
    of greenhouse gas emissions above appropriate thresholds in all sectors
    of the economy of the United States.

                                   TITLE III

                                RELATED AGENCIES

                           DEPARTMENT OF AGRICULTURE

                                 Forest Service

                         forest and rangeland research

        For necessary expenses of forest and rangeland research as
    authorized by law, $290,457,000, to remain available until expended:
    Provided, That of the funds provided, $61,329,000 is for the forest
    inventory and analysis program.

                           state and private forestry

        For necessary expenses of cooperating with and providing technical
    and financial assistance to States, territories, possessions, and
    others, and for forest health management, including treatments of
    pests, pathogens, and invasive or noxious plants and for restoring and
    rehabilitating forests damaged by pests or invasive plants, cooperative
    forestry, and education and land conservation activities and conducting
    an international program as authorized, $266,974,000, to remain
    available until expended, as authorized by law; of which $7,500,000 is
    for the International Program; and of which $53,146,000 is to be
    derived from the Land and Water Conservation Fund.

                             national forest system

                         (including transfers of funds)

        For necessary expenses of the Forest Service, not otherwise
    provided for, for management, protection, improvement, and utilization
    of the National Forest System, $1,492,868,000, to remain available
    until expended, which shall include 50 percent of all moneys received
    during prior fiscal years as fees collected under the Land and Water
    Conservation Fund Act of 1965, as amended, in accordance with section 4
    of the Act (16 U.S.C. 460l-6a(i)): Provided, That unobligated balances
    under this heading available at the start of fiscal year 2008 shall be
    displayed by budget line item in the fiscal year 2009 budget
    justification: Provided further, That of the funds provided under this
    heading for Forest Products, $4,000,000 shall be allocated to the
    Alaska Region, in addition to its normal allocation for the purposes of
    preparing additional timber for sale, to establish a 3-year timber
    supply and such funds may be transferred to other appropriations
    accounts as necessary to maximize accomplishment.

                      capital improvement and maintenance

                         (including transfers of funds)

        For necessary expenses of the Forest Service, not otherwise
    provided for, $456,895,000, to remain available until expended, for
    construction, capital improvement, maintenance and acquisition of
    buildings and other facilities, and infrastructure; and for
    construction, capital improvement, decommissioning, and maintenance of
    forest roads and trails by the Forest Service as authorized by 16
    U.S.C. 532-538 and 23 U.S.C. 101 and 205; and in addition $25,000,000
    to be transferred from the timber roads purchaser election fund and
    merged with this account, to remain available until expended: Provided,
    That $40,000,000 shall be designated for urgently needed road
    decommissioning, road and trail repair and maintenance and associated
    activities, and removal of fish passage barriers, especially in areas
    where Forest Service roads may be contributing to water quality
    problems in streams and water bodies which support threatened,
    endangered or sensitive species or community water sources and for
    urgently needed road repairs required due to recent storm events:
    Provided further, That up to $40,000,000 of the funds provided herein
    for road maintenance shall be available for the decommissioning of
    roads, including unauthorized roads not part of the transportation
    system, which are no longer needed: Provided further, That no funds
    shall be expended to decommission any system road until notice and an
    opportunity for public comment has been provided on each
    decommissioning project: Provided further, That the decommissioning of
    unauthorized roads not part of the official transportation system shall
    be expedited in response to threats to public safety, water quality, or
    natural resources: Provided further, That funds becoming available in
    fiscal year 2008 under the Act of March 4, 1913 (16 U.S.C. 501) shall
    be transferred to the General Fund of the Treasury and shall not be
    available for transfer or obligation for any other purpose unless the
    funds are appropriated: Provided further, That notwithstanding any
    other provision of law, the Forest Service shall provide $1,197,000
    appropriated in Public Law 110-5 within the Capital Improvement and
    Maintenance appropriation as an advance direct lump sum payment to West
    Virginia University for the planning and construction of a research
    greenhouse facility as the Federal share in the construction of the new
    facility.

                                land acquisition

        For expenses necessary to carry out the provisions of the Land and
    Water Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4
    through 11), including administrative expenses, and for acquisition of
    land or waters, or interest therein, in accordance with statutory
    authority applicable to the Forest Service, $42,490,000, to be derived
    from the Land and Water Conservation Fund and to remain available until
    expended.

             acquisition of lands for national forests special acts

        For acquisition of lands within the exterior boundaries of the
    Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
    Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
    National Forests, California, as authorized by law, $1,053,000, to be
    derived from forest receipts.

                acquisition of lands to complete land exchanges

        For acquisition of lands, such sums, to be derived from funds
    deposited by State, county, or municipal governments, public school
    districts, or other public school authorities, and for authorized
    expenditures from funds deposited by non-Federal parties pursuant to
    Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967,
    as amended (16 U.S.C. 484a), to remain available until expended. (16
    U.S.C. 4601-516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-
    591; and 78-310).

                             range betterment fund

        For necessary expenses of range rehabilitation, protection, and
    improvement, 50 percent of all moneys received during the prior fiscal
    year, as fees for grazing domestic livestock on lands in National
    Forests in the 16 Western States, pursuant to section 401(b)(1) of
    Public Law 94-579, as amended, to remain available until expended, of
    which not to exceed 6 percent shall be available for administrative
    expenses associated with on-the-ground range rehabilitation,
    protection, and improvements.

        gifts, donations and bequests for forest and rangeland research

        For expenses authorized by 16 U.S.C. 1643(b), $56,000, to remain
    available until expended, to be derived from the fund established
    pursuant to the above Act.

            management of national forest lands for subsistence uses

        For necessary expenses of the Forest Service to manage Federal
    lands in Alaska for subsistence uses under title VIII of the Alaska
    National Interest Lands Conservation Act (Public Law 96-487),
    $5,053,000, to remain available until expended.

                            wildland fire management

                         (including transfers of funds)

        For necessary expenses for forest fire presuppression activities on
    National Forest System lands, for emergency fire suppression on or
    adjacent to such lands or other lands under fire protection agreement,
    hazardous fuels reduction on or adjacent to such lands, and for
    emergency rehabilitation of burned-over National Forest System lands
    and water, $1,974,276,000, to remain available until expended:
    Provided, That such funds including unobligated balances under this
    heading, are available for repayment of advances from other
    appropriations accounts previously transferred for such purposes:
    Provided further, That such funds shall be available to reimburse State
    and other cooperating entities for services provided in response to
    wildfire and other emergencies or disasters to the extent such
    reimbursements by the Forest Service for non-fire emergencies are fully
    repaid by the responsible emergency management agency: Provided
    further, That not less than 50 percent of any unobligated balances
    remaining (exclusive of amounts for hazardous fuels reduction) at the
    end of fiscal year 2007 shall be transferred to the fund established
    pursuant to section 3 of Public Law 71-319 (16 U.S.C. 576 et seq.) if
    necessary to reimburse the fund for unpaid past advances: Provided
    further, That, notwithstanding any other provision of law, $8,000,000
    of funds appropriated under this appropriation shall be used for Fire
    Science Research in support of the Joint Fire Science Program: Provided
    further, That all authorities for the use of funds, including the use
    of contracts, grants, and cooperative agreements, available to execute
    the Forest and Rangeland Research appropriation, are also available in
    the utilization of these funds for Fire Science Research: Provided
    further, That funds provided shall be available for emergency
    rehabilitation and restoration, hazardous fuels reduction activities in
    the urban-wildland interface, support to Federal emergency response,
    and wildfire suppression activities of the Forest Service: Provided
    further, That of the funds provided, $315,000,000 is for hazardous
    fuels reduction activities, $11,000,000 is for rehabilitation and
    restoration, $23,892,000 is for research activities and to make
    competitive research grants pursuant to the Forest and Rangeland
    Renewable Resources Research Act, as amended (16 U.S.C. 1641 et seq.),
    $48,727,000 is for State fire assistance, $8,000,000 is for volunteer
    fire assistance, $14,252,000 is for forest health activities on Federal
    lands and $10,014,000 is for forest health activities on State and
    private lands: Provided further, That amounts in this paragraph may be
    transferred to the ``State and Private Forestry'', ``National Forest
    System'', and ``Forest and Rangeland Research'' accounts to fund State
    fire assistance, volunteer fire assistance, forest health management,
    forest and rangeland research, the Joint Fire Science Program,
    vegetation and watershed management, heritage site rehabilitation, and
    wildlife and fish habitat management and restoration: Provided further,
    That transfers of any amounts in excess of those authorized in this
    paragraph, shall require approval of the House and Senate Committees on
    Appropriations in compliance with reprogramming procedures contained in
    the explanatory statement accompanying this Act: Provided further, That
    up to $10,000,000 of the funds provided under this heading for
    hazardous fuels treatments may be transferred to and made a part of the
    ``National Forest System'' account at the sole discretion of the Chief
    of the Forest Service thirty days after notifying the House and the
    Senate Committees on Appropriations: Provided further, That the costs
    of implementing any cooperative agreement between the Federal
    Government and any non-Federal entity may be shared, as mutually agreed
    on by the affected parties: Provided further, That in addition to funds
    provided for State Fire Assistance programs, and subject to all
    authorities available to the Forest Service under the State and Private
    Forestry Appropriation, up to $15,000,000 may be used on adjacent non-
    Federal lands for the purpose of protecting communities when hazard
    reduction activities are planned on national forest lands that have the
    potential to place such communities at risk: Provided further, That
    funds made available to implement the Community Forest Restoration Act,
    Public Law 106-393, title VI, shall be available for use on non-Federal
    lands in accordance with authorities available to the Forest Service
    under the State and Private Forestry Appropriation: Provided further,
    That the Secretary of the Interior and the Secretary of Agriculture may
    authorize the transfer of funds appropriated for wildland fire
    management, in an aggregate amount not to exceed $10,000,000, between
    the Departments when such transfers would facilitate and expedite
    jointly funded wildland fire management programs and projects: Provided
    further, That of the funds provided for hazardous fuels reduction, not
    to exceed $7,000,000, may be used to make grants, using any authorities
    available to the Forest Service under the State and Private Forestry
    appropriation, for the purpose of creating incentives for increased use
    of biomass from national forest lands: Provided further, That funds
    designated for wildfire suppression shall be assessed for cost pools on
    the same basis as such assessments are calculated against other agency
    programs.

                   administrative provisions, forest service

        Appropriations to the Forest Service for the current fiscal year
    shall be available for: (1) purchase of passenger motor vehicles;
    acquisition of passenger motor vehicles from excess sources, and hire
    of such vehicles; purchase, lease, operation, maintenance, and
    acquisition of aircraft from excess sources to maintain the operable
    fleet for use in Forest Service wildland fire programs and other Forest
    Service programs; notwithstanding other provisions of law, existing
    aircraft being replaced may be sold, with proceeds derived or trade-in
    value used to offset the purchase price for the replacement aircraft;
    (2) services pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for
    employment under 5 U.S.C. 3109; (3) purchase, erection, and alteration
    of buildings and other public improvements (7 U.S.C. 2250); (4)
    acquisition of land, waters, and interests therein pursuant to 7 U.S.C.
    428a; (5) for expenses pursuant to the Volunteers in the National
    Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) the cost
    of uniforms as authorized by 5 U.S.C. 5901-5902; and (7) for debt
    collection contracts in accordance with 31 U.S.C. 3718(c).
        Any appropriations or funds available to the Forest Service may be
    transferred to the Wildland Fire Management appropriation for forest
    firefighting, emergency rehabilitation of burned-over or damaged lands
    or waters under its jurisdiction, and fire preparedness due to severe
    burning conditions upon notification of the House and Senate Committees
    on Appropriations and if and only if all previously appropriated
    emergency contingent funds under the heading ``Wildland Fire
    Management'' have been released by the President and apportioned and
    all wildfire suppression funds under the heading ``Wildland Fire
    Management'' are obligated.
        Funds appropriated to the Forest Service shall be available for
    assistance to or through the Agency for International Development in
    connection with forest and rangeland research, technical information,
    and assistance in foreign countries, and shall be available to support
    forestry and related natural resource activities outside the United
    States and its territories and possessions, including technical
    assistance, education and training, and cooperation with United States
    and international organizations.
        None of the funds made available to the Forest Service in this Act
    or any other Act with respect to any fiscal year shall be subject to
    transfer under the provisions of section 702(b) of the Department of
    Agriculture Organic Act of 1944 (7 U.S.C. 2257), section 442 of Public
    Law 106-224 (7 U.S.C. 7772), or section 10417(b) of Public Law 107-107
    (7 U.S.C. 8316(b)).
        None of the funds available to the Forest Service may be
    reprogrammed without the advance approval of the House and Senate
    Committees on Appropriations in accordance with the reprogramming
    procedures contained in the explanatory statement accompanying this
    Act.
        Not more than $73,285,000 of funds available to the Forest Service
    shall be transferred to the Working Capital Fund of the Department of
    Agriculture and not more than $24,021,000 of funds available to the
    Forest Service shall be transferred to the Department of Agriculture
    for Department Reimbursable Programs, commonly referred to as Greenbook
    charges. Nothing in this paragraph shall prohibit or limit the use of
    reimbursable agreements requested by the Forest Service in order to
    obtain services from the Department of Agriculture's National
    Information Technology Center.
        Funds available to the Forest Service shall be available to conduct
    a program of up to $5,000,000 for priority projects within the scope of
    the approved budget, of which $2,500,000 shall be carried out by the
    Youth Conservation Corps and $2,500,000 shall be carried out under the
    authority of the Public Lands Corps Healthy Forests Restoration Act of
    2005, Public Law 109-154.
        Of the funds available to the Forest Service, $4,000 is available
    to the Chief of the Forest Service for official reception and
    representation expenses.
        Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of
    the funds available to the Forest Service, $3,000,000 may be advanced
    in a lump sum to the National Forest Foundation to aid conservation
    partnership projects in support of the Forest Service mission, without
    regard to when the Foundation incurs expenses, for administrative
    expenses or projects on or benefitting National Forest System lands or
    related to Forest Service programs: Provided, That the Foundation shall
    obtain, by the end of the period of Federal financial assistance,
    private contributions to match on at least one-for-one basis funds made
    available by the Forest Service: Provided further, That the Foundation
    may transfer Federal funds to a non-Federal recipient for a project at
    the same rate that the recipient has obtained the non-Federal matching
    funds: Provided further, That authorized investments of Federal funds
    held by the Foundation may be made only in interest-bearing obligations
    of the United States or in obligations guaranteed as to both principal
    and interest by the United States.
        Pursuant to section 2(b)(2) of Public Law 98-244, $2,650,000 of the
    funds available to the Forest Service shall be advanced to the National
    Fish and Wildlife Foundation in a lump sum to aid cost-share
    conservation projects, without regard to when expenses are incurred, on
    or benefitting National Forest System lands or related to Forest
    Service programs: Provided, That such funds shall be matched on at
    least a one-for-one basis by the Foundation or its sub-recipients:
    Provided further, That the Foundation may transfer Federal funds to a
    Federal or non-Federal recipient for a project at the same rate that
    the recipient has obtained the non-Federal matching funds.
        Funds appropriated to the Forest Service shall be available for
    interactions with and providing technical assistance to rural
    communities and natural resource-based businesses for sustainable rural
    development purposes.
        Funds appropriated to the Forest Service shall be available for
    payments to counties within the Columbia River Gorge National Scenic
    Area, pursuant to sections 14(c)(1) and (2), and section 16(a)(2) of
    Public Law 99-663.
        An eligible individual who is employed in any project funded under
    title V of the Older American Act of 1965 (42 U.S.C. 3056 et seq.) and
    administered by the Forest Service shall be considered to be a Federal
    employee for purposes of chapter 171 of title 28, United States Code.
        Any funds appropriated to the Forest Service may be used to meet
    the non-Federal share requirement in section 502(c) of the Older
    American Act of 1965 (42 U.S.C. 3056(c)(2)).
        Funds available to the Forest Service, not to exceed $45,000,000,
    shall be assessed for the purpose of performing facilities maintenance.
    Such assessments shall occur using a square foot rate charged on the
    same basis the agency uses to assess programs for payment of rent,
    utilities, and other support services.
        Notwithstanding any other provision of law, any appropriations or
    funds available to the Forest Service not to exceed $500,000 may be
    used to reimburse the Office of the General Counsel (OGC), Department
    of Agriculture, for travel and related expenses incurred as a result of
    OGC assistance or participation requested by the Forest Service at
    meetings, training sessions, management reviews, land purchase
    negotiations and similar non-litigation related matters. Future budget
    justifications for both the Forest Service and the Department of
    Agriculture should clearly display the sums previously transferred and
    the requested funding transfers.
        None of the funds made available under this Act shall be obligated
    or expended to abolish any region, to move or close any regional office
    for National Forest System administration of the Forest Service,
    Department of Agriculture without the consent of the House and Senate
    Committees on Appropriations.

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                             Indian Health Service

                             indian health services

        For expenses necessary to carry out the Act of August 5, 1954 (68
    Stat. 674), the Indian Self-Determination Act, the Indian Health Care
    Improvement Act, and titles II and III of the Public Health Service Act
    with respect to the Indian Health Service, $3,018,624,000, together
    with payments received during the fiscal year pursuant to 42 U.S.C.
    238(b) for services furnished by the Indian Health Service: Provided,
    That funds made available to tribes and tribal organizations through
    contracts, grant agreements, or any other agreements or compacts
    authorized by the Indian Self-Determination and Education Assistance
    Act of 1975 (25 U.S.C. 450), shall be deemed to be obligated at the
    time of the grant or contract award and thereafter shall remain
    available to the tribe or tribal organization without fiscal year
    limitation: Provided further, That $588,515,000 for contract medical
    care, including $27,000,000 for the Indian Catastrophic Health
    Emergency Fund, shall remain available until expended: Provided
    further, That no less than $35,094,000 is provided for maintaining
    operations of the urban Indian health program: Provided further, That
    of the funds provided, up to $32,000,000 shall remain available until
    expended for implementation of the loan repayment program under section
    108 of the Indian Health Care Improvement Act: Provided further, That
    $14,000,000 is provided for a methamphetamine and suicide prevention
    and treatment initiative, of which up to $5,000,000 may be used for
    mental health, suicide prevention, and behavioral issues associated
    with methamphetamine use: Provided further, That notwithstanding any
    other provision of law, these funds shall be allocated outside all
    other distribution methods and formulas at the discretion of the
    Director of the Indian Health Service and shall remain available until
    expended: Provided further, That funds provided in this Act may be used
    for one-year contracts and grants which are to be performed in two
    fiscal years, so long as the total obligation is recorded in the year
    for which the funds are appropriated: Provided further, That the
    amounts collected by the Secretary of Health and Human Services under
    the authority of title IV of the Indian Health Care Improvement Act
    shall remain available until expended for the purpose of achieving
    compliance with the applicable conditions and requirements of titles
    XVIII and XIX of the Social Security Act (exclusive of planning,
    design, or construction of new facilities): Provided further, That
    funding contained herein, and in any earlier appropriations Acts for
    scholarship programs under the Indian Health Care Improvement Act (25
    U.S.C. 1613) shall remain available until expended: Provided further,
    That amounts received by tribes and tribal organizations under title IV
    of the Indian Health Care Improvement Act shall be reported and
    accounted for and available to the receiving tribes and tribal
    organizations until expended: Provided further, That, notwithstanding
    any other provision of law, of the amounts provided herein, not to
    exceed $271,636,000 shall be for payments to tribes and tribal
    organizations for contract or grant support costs associated with
    contracts, grants, self-governance compacts or annual funding
    agreements between the Indian Health Service and a tribe or tribal
    organization pursuant to the Indian Self-Determination Act of 1975, as
    amended, prior to or during fiscal year 2008, of which not to exceed
    $5,000,000 may be used for contract support costs associated with new
    or expanded self-determination contracts, grants, self-governance
    compacts or annual funding agreements: Provided further, That the
    Bureau of Indian Affairs may collect from the Indian Health Service and
    tribes and tribal organizations operating health facilities pursuant to
    Public Law 93-638 such individually identifiable health information
    relating to disabled children as may be necessary for the purpose of
    carrying out its functions under the Individuals with Disabilities
    Education Act (20 U.S.C. 1400, et seq.): Provided further, That funds
    available for the Indian Health Care Improvement Fund may be used, as
    needed, to carry out activities typically funded under the Indian
    Health Facilities account.

                            indian health facilities

        For construction, repair, maintenance, improvement, and equipment
    of health and related auxiliary facilities, including quarters for
    personnel; preparation of plans, specifications, and drawings;
    acquisition of sites, purchase and erection of modular buildings, and
    purchases of trailers; and for provision of domestic and community
    sanitation facilities for Indians, as authorized by section 7 of the
    Act of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination
    Act, and the Indian Health Care Improvement Act, and for expenses
    necessary to carry out such Acts and titles II and III of the Public
    Health Service Act with respect to environmental health and facilities
    support activities of the Indian Health Service, $380,583,000, to
    remain available until expended: Provided, That notwithstanding any
    other provision of law, funds appropriated for the planning, design,
    construction or renovation of health facilities for the benefit of an
    Indian tribe or tribes may be used to purchase land for sites to
    construct, improve, or enlarge health or related facilities: Provided
    further, That not to exceed $500,000 shall be used by the Indian Health
    Service to purchase TRANSAM equipment from the Department of Defense
    for distribution to the Indian Health Service and tribal facilities:
    Provided further, That none of the funds appropriated to the Indian
    Health Service may be used for sanitation facilities construction for
    new homes funded with grants by the housing programs of the United
    States Department of Housing and Urban Development: Provided further,
    That not to exceed $1,000,000 from this account and the ``Indian Health
    Services'' account shall be used by the Indian Health Service to obtain
    ambulances for the Indian Health Service and tribal facilities in
    conjunction with an existing interagency agreement between the Indian
    Health Service and the General Services Administration: Provided
    further, That not to exceed $500,000 shall be placed in a Demolition
    Fund, available until expended, to be used by the Indian Health Service
    for demolition of Federal buildings.

                administrative provisions, indian health service

        Appropriations in this Act to the Indian Health Service shall be
    available for services as authorized by 5 U.S.C. 3109 but at rates not
    to exceed the per diem rate equivalent to the maximum rate payable for
    senior-level positions under 5 U.S.C. 5376; hire of passenger motor
    vehicles and aircraft; purchase of medical equipment; purchase of
    reprints; purchase, renovation and erection of modular buildings and
    renovation of existing facilities; payments for telephone service in
    private residences in the field, when authorized under regulations
    approved by the Secretary; and for uniforms or allowances therefor as
    authorized by 5 U.S.C. 5901-5902; and for expenses of attendance at
    meetings which are concerned with the functions or activities for which
    the appropriation is made or which will contribute to improved conduct,
    supervision, or management of those functions or activities.
        In accordance with the provisions of the Indian Health Care
    Improvement Act, non-Indian patients may be extended health care at all
    tribally administered or Indian Health Service facilities, subject to
    charges, and the proceeds along with funds recovered under the Federal
    Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be credited to
    the account of the facility providing the service and shall be
    available without fiscal year limitation. Notwithstanding any other law
    or regulation, funds transferred from the Department of Housing and
    Urban Development to the Indian Health Service shall be administered
    under Public Law 86-121 (the Indian Sanitation Facilities Act) and
    Public Law 93-638, as amended.
        Funds appropriated to the Indian Health Service in this Act, except
    those used for administrative and program direction purposes, shall not
    be subject to limitations directed at curtailing Federal travel and
    transportation.
        None of the funds made available to the Indian Health Service in
    this Act shall be used for any assessments or charges by the Department
    of Health and Human Services unless identified in the budget
    justification and provided in this Act, or approved by the House and
    Senate Committees on Appropriations through the reprogramming process.
        Notwithstanding any other provision of law, funds previously or
    herein made available to a tribe or tribal organization through a
    contract, grant, or agreement authorized by title I or title V of the
    Indian Self-Determination and Education Assistance Act of 1975 (25
    U.S.C. 450), may be deobligated and reobligated to a self-determination
    contract under title I, or a self-governance agreement under title V of
    such Act and thereafter shall remain available to the tribe or tribal
    organization without fiscal year limitation.
        None of the funds made available to the Indian Health Service in
    this Act shall be used to implement the final rule published in the
    Federal Register on September 16, 1987, by the Department of Health and
    Human Services, relating to the eligibility for the health care
    services of the Indian Health Service until the Indian Health Service
    has submitted a budget request reflecting the increased costs
    associated with the proposed final rule, and such request has been
    included in an appropriations Act and enacted into law.
        With respect to functions transferred by the Indian Health Service
    to tribes or tribal organizations, the Indian Health Service is
    authorized to provide goods and services to those entities, on a
    reimbursable basis, including payment in advance with subsequent
    adjustment. The reimbursements received therefrom, along with the funds
    received from those entities pursuant to the Indian Self-Determination
    Act, may be credited to the same or subsequent appropriation account
    that provided the funding, with such amounts to remain available until
    expended.
        Reimbursements for training, technical assistance, or services
    provided by the Indian Health Service will contain total costs,
    including direct, administrative, and overhead associated with the
    provision of goods, services, or technical assistance.
        The appropriation structure for the Indian Health Service may not
    be altered without advance notification to the House and Senate
    Committees on Appropriations.

                         National Institutes of Health

              national institute of environmental health sciences

        For necessary expenses for the National Institute of Environmental
    Health Sciences in carrying out activities set forth in section 311(a)
    of the Comprehensive Environmental Response, Compensation, and
    Liability Act of 1980, as amended, and section 126(g) of the Superfund
    Amendments and Reauthorization Act of 1986, $78,775,000.

                Agency for Toxic Substances and Disease Registry

                toxic substances and environmental public health

        For necessary expenses for the Agency for Toxic Substances and
    Disease Registry (ATSDR) in carrying out activities set forth in
    sections 104(i), 111(c)(4), and 111(c)(14) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980
    (CERCLA), as amended; section 118(f) of the Superfund Amendments and
    Reauthorization Act of 1986 (SARA), as amended; and section 3019 of the
    Solid Waste Disposal Act, as amended, $75,212,000, of which up to
    $1,500,000, to remain available until expended, is for Individual
    Learning Accounts for full-time equivalent employees of the Agency for
    Toxic Substances and Disease Registry: Provided, That notwithstanding
    any other provision of law, in lieu of performing a health assessment
    under section 104(i)(6) of CERCLA, the Administrator of ATSDR may
    conduct other appropriate health studies, evaluations, or activities,
    including, without limitation, biomedical testing, clinical
    evaluations, medical monitoring, and referral to accredited health care
    providers: Provided further, That in performing any such health
    assessment or health study, evaluation, or activity, the Administrator
    of ATSDR shall not be bound by the deadlines in section 104(i)(6)(A) of
    CERCLA.

                             OTHER RELATED AGENCIES

                       Executive Office of the President

      council on environmental quality and office of environmental quality

        For necessary expenses to continue functions assigned to the
    Council on Environmental Quality and Office of Environmental Quality
    pursuant to the National Environmental Policy Act of 1969, the
    Environmental Quality Improvement Act of 1970, and Reorganization Plan
    No. 1 of 1977, and not to exceed $750 for official reception and
    representation expenses, $2,703,000: Provided, That notwithstanding
    section 202 of the National Environmental Policy Act of 1970, the
    Council shall consist of one member, appointed by the President, by and
    with the advice and consent of the Senate, serving as chairman and
    exercising all powers, functions, and duties of the Council.

                 Chemical Safety and Hazard Investigation Board

                             salaries and expenses

        For necessary expenses in carrying out activities pursuant to
    section 112(r)(6) of the Clean Air Act, as amended, including hire of
    passenger vehicles, uniforms or allowances therefor, as authorized by 5
    U.S.C. 5901-5902, and for services authorized by 5 U.S.C. 3109 but at
    rates for individuals not to exceed the per diem equivalent to the
    maximum rate payable for senior level positions under 5 U.S.C. 5376,
    $9,410,000: Provided, That the Chemical Safety and Hazard Investigation
    Board (Board) shall have not more than three career Senior Executive
    Service positions: Provided further, that notwithstanding any other
    provision of law, the individual appointed to the position of Inspector
    General of the Environmental Protection Agency (EPA) shall, by virtue
    of such appointment, also hold the position of Inspector General of the
    Board: Provided further, That notwithstanding any other provision of
    law, the Inspector General of the Board shall utilize personnel of the
    Office of Inspector General of EPA in performing the duties of the
    Inspector General of the Board, and shall not appoint any individuals
    to positions within the Board.

                  Office of Navajo and Hopi Indian Relocation

                             salaries and expenses

        For necessary expenses of the Office of Navajo and Hopi Indian
    Relocation as authorized by Public Law 93-531, $9,000,000, to remain
    available until expended: Provided, That funds provided in this or any
    other appropriations Act are to be used to relocate eligible
    individuals and groups including evictees from District 6, Hopi-
    partitioned lands residents, those in significantly substandard
    housing, and all others certified as eligible and not included in the
    preceding categories: Provided further, That none of the funds
    contained in this or any other Act may be used by the Office of Navajo
    and Hopi Indian Relocation to evict any single Navajo or Navajo family
    who, as of November 30, 1985, was physically domiciled on the lands
    partitioned to the Hopi Tribe unless a new or replacement home is
    provided for such household: Provided further, That no relocatee will
    be provided with more than one new or replacement home: Provided
    further, That the Office shall relocate any certified eligible
    relocatees who have selected and received an approved homesite on the
    Navajo reservation or selected a replacement residence off the Navajo
    reservation or on the land acquired pursuant to 25 U.S.C. 640d-10.

        Institute of American Indian and Alaska Native Culture and Arts
                                  Development

                            payment to the institute

        For payment to the Institute of American Indian and Alaska Native
    Culture and Arts Development, as authorized by title XV of Public Law
    99-498, as amended (20 U.S.C. 56 part A), $7,297,000.

                            Smithsonian Institution

                             salaries and expenses

        For necessary expenses of the Smithsonian Institution, as
    authorized by law, including research in the fields of art, science,
    and history; development, preservation, and documentation of the
    National Collections; presentation of public exhibits and performances;
    collection, preparation, dissemination, and exchange of information and
    publications; conduct of education, training, and museum assistance
    programs; maintenance, alteration, operation, lease (for terms not to
    exceed 30 years), and protection of buildings, facilities, and
    approaches; not to exceed $100,000 for services as authorized by 5
    U.S.C. 3109; up to five replacement passenger vehicles; purchase,
    rental, repair, and cleaning of uniforms for employees, $571,347,000,
    of which not to exceed $19,968,000 for the instrumentation program,
    collections acquisition, exhibition reinstallation, the National Museum
    of African American History and Culture, and the repatriation of
    skeletal remains program shall remain available until expended; and of
    which $1,578,000 for fellowships and scholarly awards shall remain
    available until September 30, 2009; and including such funds as may be
    necessary to support American overseas research centers: Provided, That
    funds appropriated herein are available for advance payments to
    independent contractors performing research services or participating
    in official Smithsonian presentations.

                               facilities capital

        For necessary expenses of repair, revitalization, and alteration of
    facilities owned or occupied by the Smithsonian Institution, by
    contract or otherwise, as authorized by section 2 of the Act of August
    22, 1949 (63 Stat. 623), and for construction, including necessary
    personnel, $107,100,000, to remain available until expended, of which
    not to exceed $10,000 is for services as authorized by 5 U.S.C. 3109.

                                  Legacy Fund

        For major restoration, renovation, and rehabilitation of existing
    Smithsonian facilities, $15,000,000, to remain available until
    expended: Provided, That funds shall only be available after being
    matched by no less than $30,000,000 in private donations, which shall
    not include in-kind contributions: Provided further, That none of the
    funds made available under this heading or any required matching funds
    shall be used for day-to-day maintenance, general salaries and
    expenses, or programmatic purposes.

                            National Gallery of Art

                             salaries and expenses

        For the upkeep and operations of the National Gallery of Art, the
    protection and care of the works of art therein, and administrative
    expenses incident thereto, as authorized by the Act of March 24, 1937
    (50 Stat. 51), as amended by the public resolution of April 13, 1939
    (Public Resolution 9, Seventy-sixth Congress), including services as
    authorized by 5 U.S.C. 3109; payment in advance when authorized by the
    treasurer of the Gallery for membership in library, museum, and art
    associations or societies whose publications or services are available
    to members only, or to members at a price lower than to the general
    public; purchase, repair, and cleaning of uniforms for guards, and
    uniforms, or allowances therefor, for other employees as authorized by
    law (5 U.S.C. 5901-5902); purchase or rental of devices and services
    for protecting buildings and contents thereof, and maintenance,
    alteration, improvement, and repair of buildings, approaches, and
    grounds; and purchase of services for restoration and repair of works
    of art for the National Gallery of Art by contracts made, without
    advertising, with individuals, firms, or organizations at such rates or
    prices and under such terms and conditions as the Gallery may deem
    proper, $101,718,000, of which not to exceed $3,350,000 for the special
    exhibition program shall remain available until expended.

                repair, restoration and renovation of buildings

        For necessary expenses of repair, restoration and renovation of
    buildings, grounds and facilities owned or occupied by the National
    Gallery of Art, by contract or otherwise, as authorized, $18,017,000,
    to remain available until expended: Provided, That contracts awarded
    for environmental systems, protection systems, and exterior repair or
    renovation of buildings of the National Gallery of Art may be
    negotiated with selected contractors and awarded on the basis of
    contractor qualifications as well as price.

                 John F. Kennedy Center for the Performing Arts

                           operations and maintenance

        For necessary expenses for the operation, maintenance and security
    of the John F. Kennedy Center for the Performing Arts, $20,200,000.

                         capital repair and restoration

        For necessary expenses for capital repair and restoration of the
    existing features of the building and site of the John F. Kennedy
    Center for the Performing Arts, $23,150,000, to remain available until
    expended.

                Woodrow Wilson International Center for Scholars

                             salaries and expenses

        For expenses necessary in carrying out the provisions of the
    Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of
    passenger vehicles and services as authorized by 5 U.S.C. 3109,
    $10,000,000.

               National Foundation on the Arts and the Humanities

                        National Endowment for the Arts

                           grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $147,000,000 shall be
    available to the National Endowment for the Arts for the support of
    projects and productions in the arts, including arts education and
    public outreach activities, through assistance to organizations and
    individuals pursuant to section 5 of the Act, for program support, and
    for administering the functions of the Act, to remain available until
    expended: Provided, That funds appropriated herein shall be expended in
    accordance with sections 309 and 311 of Public Law 108-447.

                     National Endowment for the Humanities

                           grants and administration

        For necessary expenses to carry out the National Foundation on the
    Arts and the Humanities Act of 1965, as amended, $132,490,000, shall be
    available to the National Endowment for the Humanities for support of
    activities in the humanities, pursuant to section 7(c) of the Act, and
    for administering the functions of the Act, to remain available until
    expended.

                                matching grants

        To carry out the provisions of section 10(a)(2) of the National
    Foundation on the Arts and the Humanities Act of 1965, as amended,
    $14,510,000, to remain available until expended, of which $9,479,000
    shall be available to the National Endowment for the Humanities for the
    purposes of section 7(h): Provided, That this appropriation shall be
    available for obligation only in such amounts as may be equal to the
    total amounts of gifts, bequests, and devises of money, and other
    property accepted by the chairman or by grantees of the Endowment under
    the provisions of subsections 11(a)(2)(B) and 11(a)(3)(B) during the
    current and preceding fiscal years for which equal amounts have not
    previously been appropriated.

                           Administrative Provisions

        None of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used to process any grant or contract
    documents which do not include the text of 18 U.S.C. 1913: Provided,
    That none of the funds appropriated to the National Foundation on the
    Arts and the Humanities may be used for official reception and
    representation expenses: Provided further, That funds from
    nonappropriated sources may be used as necessary for official reception
    and representation expenses: Provided further, That the Chairperson of
    the National Endowment for the Arts may approve grants of up to
    $10,000, if in the aggregate this amount does not exceed 5 percent of
    the sums appropriated for grant-making purposes per year: Provided
    further, That such small grant actions are taken pursuant to the terms
    of an expressed and direct delegation of authority from the National
    Council on the Arts to the Chairperson: Provided further, That section
    309(1) of division E, Public Law 108-447, is amended by inserting
    ``National Opera Fellowship,'' after ``National Heritage Fellowship,''.

                            Commission of Fine Arts

                             salaries and expenses

        For expenses made necessary by the Act establishing a Commission of
    Fine Arts (40 U.S.C. 104), $2,092,000: Provided, That the Commission is
    authorized to charge fees to cover the full costs of its publications,
    and such fees shall be credited to this account as an offsetting
    collection, to remain available until expended without further
    appropriation.

                   National Capital Arts and Cultural Affairs

        For necessary expenses as authorized by Public Law 99-190 (20
    U.S.C. 956a), as amended, $8,500,000.

                   Advisory Council on Historic Preservation

                             salaries and expenses

        For necessary expenses of the Advisory Council on Historic
    Preservation (Public Law 89-665, as amended), $5,348,000: Provided,
    That none of these funds shall be available for compensation of level V
    of the Executive Schedule or higher positions.

                      National Capital Planning Commission

                             salaries and expenses

        For necessary expenses, as authorized by the National Capital
    Planning Act of 1952 (40 U.S.C. 71-71i), including services as
    authorized by 5 U.S.C. 3109, $8,265,000: Provided, That one-quarter of
    1 percent of the funds provided under this heading may be used for
    official reception and representational expenses associated with
    hosting international visitors engaged in the planning and physical
    development of world capitals.

                    United States Holocaust Memorial Museum

                           holocaust memorial museum

        For expenses of the Holocaust Memorial Museum, as authorized by
    Public Law 106-292 (36 U.S.C. 2301-2310), $45,496,000, of which
    $515,000 for the equipment replacement program shall remain available
    until September 30, 2010; and $1,900,000 for the museum's repair and
    rehabilitation program and $1,264,000 for the museum's exhibition
    design and production program shall remain available until expended.

                                 Presidio Trust

                              presidio trust fund

        For necessary expenses to carry out title I of the Omnibus Parks
    and Public Lands Management Act of 1996, $22,400,000 shall be available
    to the Presidio Trust, to remain available until expended.

          White House Commission on the National Moment of Remembrance

                             salaries and expenses

                         (including transfer of funds)

        For necessary expenses of the White House Commission on the
    National Moment of Remembrance, $200,000, which shall be transferred to
    the Department of Veterans Affairs, ``Departmental Administration,
    General Operating Expenses'' account and be administered by the
    Secretary of Veterans Affairs.

                    DWIGHT D. EISENHOWER MEMORIAL COMMISSION

                             Salaries and Expenses

        For necessary expenses, including the costs of construction design,
    of the Dwight D. Eisenhower Memorial Commission, $2,000,000, to remain
    available until expended.

                                    TITLE IV

                               GENERAL PROVISIONS

                         (including transfers of funds)

        Sec. 401. 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. 402. No part of any appropriation contained in this Act shall
    be available for any activity or the publication or distribution of
    literature that in any way tends to promote public support or
    opposition to any legislative proposal on which Congressional action is
    not complete other than to communicate to Members of Congress as
    described in 18 U.S.C. 1913.
        Sec. 403. 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. 404. None of the funds provided in this Act to any department
    or agency shall be obligated or expended to provide a personal cook,
    chauffeur, or other personal servants to any officer or employee of
    such department or agency except as otherwise provided by law.
        Sec. 405. Estimated overhead charges, deductions, reserves or
    holdbacks from programs, projects, activities and subactivities to
    support government-wide, departmental, agency or bureau administrative
    functions or headquarters, regional or central operations shall be
    presented in annual budget justifications and subject to approval by
    the Committees on Appropriations. Changes to such estimates shall be
    presented to the Committees on Appropriations for approval.
        Sec. 406. 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
    provided in, this Act or any other Act.
        Sec. 407. None of the funds in this Act may be used to plan,
    prepare, or offer for sale timber from trees classified as giant
    sequoia (Sequoiadendron giganteum) which are located on National Forest
    System or Bureau of Land Management lands in a manner different than
    such sales were conducted in fiscal year 2006.
        Sec. 408. (a) Limitation of Funds.--None of the funds appropriated
    or otherwise made available pursuant to this Act shall be obligated or
    expended to accept or process applications for a patent for any mining
    or mill site claim located under the general mining laws.
        (b) Exceptions.--The provisions of subsection (a) shall not apply
    if the Secretary of the Interior determines that, for the claim
    concerned: (1) a patent application was filed with the Secretary on or
    before September 30, 1994; and (2) all requirements established under
    sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)
    for vein or lode claims and sections 2329, 2330, 2331, and 2333 of the
    Revised Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and
    section 2337 of the Revised Statutes (30 U.S.C. 42) for mill site
    claims, as the case may be, were fully complied with by the applicant
    by that date.
        (c) Report.--On September 30, 2008, the Secretary of the Interior
    shall file with the House and Senate Committees on Appropriations and
    the Committee on Resources of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate a report on
    actions taken by the Department under the plan submitted pursuant to
    section 314(c) of the Department of the Interior and Related Agencies
    Appropriations Act, 1997 (Public Law 104-208).
        (d) Mineral Examinations.--In order to process patent applications
    in a timely and responsible manner, upon the request of a patent
    applicant, the Secretary of the Interior shall allow the applicant to
    fund a qualified third-party contractor to be selected by the Bureau of
    Land Management to conduct a mineral examination of the mining claims
    or mill sites contained in a patent application as set forth in
    subsection (b). The Bureau of Land Management shall have the sole
    responsibility to choose and pay the third-party contractor in
    accordance with the standard procedures employed by the Bureau of Land
    Management in the retention of third-party contractors.
        Sec. 409. Notwithstanding any other provision of law, amounts
    appropriated to or otherwise designated in committee reports for the
    Bureau of Indian Affairs and the Indian Health Service by Public Laws
    103-138, 103-332, 104-134, 104-208, 105-83, 105-277, 106-113, 106-291,
    107-63, 108-7, 108-108, 108-447, 109-54, 109-289, division B and
    Continuing Appropriations Resolution, 2007 (division B of Public Law
    109-289, as amended by Public Law 110-5) for payments for contract
    support costs associated with self-determination or self-governance
    contracts, grants, compacts, or annual funding agreements with the
    Bureau of Indian Affairs or the Indian Health Service as funded by such
    Acts, are the total amounts available for fiscal years 1994 through
    2007 for such purposes, except that for the Bureau of Indian Affairs,
    tribes and tribal organizations may use their tribal priority
    allocations for unmet contract support costs of ongoing contracts,
    grants, self-governance compacts or annual funding agreements.
        Sec. 410. Prior to October 1, 2008, the Secretary of Agriculture
    shall not be considered to be in violation of subparagraph 6(f)(5)(A)
    of the Forest and Rangeland Renewable Resources Planning Act of 1974
    (16 U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
    without revision of the plan for a unit of the National Forest System.
    Nothing in this section exempts the Secretary from any other
    requirement of the Forest and Rangeland Renewable Resources Planning
    Act (16 U.S.C. 1600 et seq.) or any other law: Provided, That if the
    Secretary is not acting expeditiously and in good faith, within the
    funding available, to revise a plan for a unit of the National Forest
    System, this section shall be void with respect to such plan and a
    court of proper jurisdiction may order completion of the plan on an
    accelerated basis.
        Sec. 411. No timber sale in Region 10 shall be advertised if the
    indicated rate is deficit when appraised using a residual value
    approach that assigns domestic Alaska values for western redcedar.
    Program accomplishments shall be based on volume sold. Should Region 10
    sell, in the current fiscal year, the annual average portion of the
    decadal allowable sale quantity called for in the current Tongass Land
    Management Plan in sales which are not deficit when appraised using a
    residual value approach that assigns domestic Alaska values for western
    redcedar, all of the western redcedar timber from those sales which is
    surplus to the needs of domestic processors in Alaska, shall be made
    available to domestic processors in the contiguous 48 United States at
    prevailing domestic prices. Should Region 10 sell, in the current
    fiscal year, less than the annual average portion of the decadal
    allowable sale quantity called for in the Tongass Land Management Plan
    in sales which are not deficit when appraised using a residual value
    approach that assigns domestic Alaska values for western redcedar, the
    volume of western redcedar timber available to domestic processors at
    prevailing domestic prices in the contiguous 48 United States shall be
    that volume: (1) which is surplus to the needs of domestic processors
    in Alaska; and (2) is that percent of the surplus western redcedar
    volume determined by calculating the ratio of the total timber volume
    which has been sold on the Tongass to the annual average portion of the
    decadal allowable sale quantity called for in the current Tongass Land
    Management Plan. The percentage shall be calculated by Region 10 on a
    rolling basis as each sale is sold (for purposes of this amendment, a
    ``rolling basis'' shall mean that the determination of how much western
    redcedar is eligible for sale to various markets shall be made at the
    time each sale is awarded). Western redcedar shall be deemed ``surplus
    to the needs of domestic processors in Alaska'' when the timber sale
    holder has presented to the Forest Service documentation of the
    inability to sell western redcedar logs from a given sale to domestic
    Alaska processors at a price equal to or greater than the log selling
    value stated in the contract. All additional western redcedar volume
    not sold to Alaska or contiguous 48 United States domestic processors
    may be exported to foreign markets at the election of the timber sale
    holder. All Alaska yellow cedar may be sold at prevailing export prices
    at the election of the timber sale holder.
        Sec. 412. No funds provided in this Act may be expended to conduct
    preleasing, leasing and related activities under either the Mineral
    Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf
    Lands Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
    Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
    et seq.) as such boundary existed on January 20, 2001, except where
    such activities are allowed under the Presidential proclamation
    establishing such monument.
        Sec. 413. In entering into agreements with foreign countries
    pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 1856m)
    the Secretary of Agriculture and the Secretary of the Interior are
    authorized to enter into reciprocal agreements in which the individuals
    furnished under said agreements to provide wildfire services are
    considered, for purposes of tort liability, employees of the country
    receiving said services when the individuals are engaged in fire
    suppression: Provided, That the Secretary of Agriculture or the
    Secretary of the Interior shall not enter into any agreement under this
    provision unless the foreign country (either directly or through its
    fire organization) agrees to assume any and all liability for the acts
    or omissions of American firefighters engaged in firefighting in a
    foreign country: Provided further, That when an agreement is reached
    for furnishing fire fighting services, the only remedies for acts or
    omissions committed while fighting fires shall be those provided under
    the laws of the host country, and those remedies shall be the exclusive
    remedies for any claim arising out of fighting fires in a foreign
    country: Provided further, That neither the sending country nor any
    legal organization associated with the firefighter shall be subject to
    any legal action whatsoever pertaining to or arising out of the
    firefighter's role in fire suppression.
        Sec. 414. In awarding a Federal contract with funds made available
    by this Act, notwithstanding Federal Government procurement and
    contracting laws, the Secretary of Agriculture and the Secretary of the
    Interior (the ``Secretaries'') may, in evaluating bids and proposals,
    give consideration to local contractors who are from, and who provide
    employment and training for, dislocated and displaced workers in an
    economically disadvantaged rural community, including those
    historically timber-dependent areas that have been affected by reduced
    timber harvesting on Federal lands and other forest-dependent rural
    communities isolated from significant alternative employment
    opportunities: Provided, That notwithstanding Federal Government
    procurement and contracting laws the Secretaries may award contracts,
    grants or cooperative agreements to local non-profit entities, Youth
    Conservation Corps or related partnerships with State, local or non-
    profit youth groups, or small or micro-business or disadvantaged
    business: Provided further, That the contract, grant, or cooperative
    agreement is for forest hazardous fuels reduction, watershed or water
    quality monitoring or restoration, wildlife or fish population
    monitoring, or habitat restoration or management: Provided further,
    That the terms ``rural community'' and ``economically disadvantaged''
    shall have the same meanings as in section 2374 of Public Law 101-624:
    Provided further, That the Secretaries shall develop guidance to
    implement this section: Provided further, That nothing in this section
    shall be construed as relieving the Secretaries of any duty under
    applicable procurement laws, except as provided in this section.
        Sec. 415. (a) Limitation on Competitive Sourcing Studies.--
                (1) Of the funds made available by this or any other Act to
            the Department of the Interior for fiscal year 2008, not more
            than $3,450,000 may be used by the Secretary of the Interior to
            initiate or continue competitive sourcing studies in fiscal
            year 2008 for programs, projects, and activities for which
            funds are appropriated by this Act.
                (2) None of the funds made available by this or any other
            Act may be used in fiscal year 2008 for competitive sourcing
            studies and any related activities involving Forest Service
            personnel.
        (b) Competitive Sourcing Study Defined.--In this section, the term
    ``competitive sourcing study'' means a study on subjecting work
    performed by Federal Government employees or private contractors to
    public-private competition or on converting the Federal Government
    employees or the work performed by such employees to private contractor
    performance under the Office of Management and Budget Circular A-76 or
    any other administrative regulation, directive, or policy.
        (c) Competitive Sourcing Exemption for Forest Service Studies
    Conducted Prior to Fiscal Year 2006.--The Forest Service is hereby
    exempted from implementing the Letter of Obligation and post-
    competition accountability guidelines where a competitive sourcing
    study involved 65 or fewer full-time equivalents, the performance
    decision was made in favor of the agency provider, no net savings was
    achieved by conducting the study, and the study was completed prior to
    the date of this Act.
        (d) In preparing any reports to the Committees on Appropriations on
    competitive sourcing activities, agencies funded in this Act shall
    include all costs attributable to conducting the competitive sourcing
    competitions and staff work to prepare for competitions or to determine
    the feasibility of starting competitions, including costs attributable
    to paying outside consultants and contractors and, in accordance with
    full cost accounting principles, all costs attributable to developing,
    implementing, supporting, managing, monitoring, and reporting on
    competitive sourcing, including personnel, consultant, travel, and
    training costs associated with program management.
        (e) In carrying out any competitive sourcing study involving
    Department of the Interior employees, the Secretary of the Interior
    shall--
                (1) determine whether any of the employees concerned are
            also qualified to participate in wildland fire management
            activities; and
                (2) take into consideration the effect that contracting
            with a private sector source would have on the ability of the
            Department of the Interior to effectively and efficiently fight
            and manage wildfires.
        Sec. 416. Section 331 of the Department of the Interior and Related
    Agencies Appropriations Act, 2000, regarding the pilot program to
    enhance Forest Service administration of rights-of-way (as enacted into
    law by section 1000(a)(3) of Public Law 106-113; 113 Stat. 1501A-196;
    16 U.S.C. 497 note), as amended, is amended--
                (1) in subsection (a) by striking ``2006'' and inserting
            ``2012''; and
                (2) in subsection (b) by striking ``2006'' and inserting
            ``2012''.
        Sec. 417. Section 321 of the Department of the Interior and Related
    Agencies Appropriations Act, 2003, regarding Forest Service cooperative
    agreements with third parties that are of mutually significant benefit
    (division F of Public Law 108-7; 117 Stat. 274; 16 U.S.C. 565a-1 note)
    is amended by striking ``September 30, 2007'' and inserting ``September
    30, 2010''.
        Sec. 418. (a) Notwithstanding any other provision of law and until
    October 1, 2009, the Indian Health Service may not disburse funds for
    the provision of health care services pursuant to Public Law 93-638 (25
    U.S.C. 450 et seq.) to any Alaska Native village or Alaska Native
    village corporation that is located within the area served by an Alaska
    Native regional health entity.
        (b) Nothing in this section shall be construed to prohibit the
    disbursal of funds to any Alaska Native village or Alaska Native
    village corporation under any contract or compact entered into prior to
    May 1, 2006, or to prohibit the renewal of any such agreement.
        (c) For the purpose of this section, Eastern Aleutian Tribes, Inc.
    and the Council of Athabascan Tribal Governments shall be treated as
    Alaska Native regional health entities to which funds may be disbursed
    under this section.
        Sec. 419. Unless otherwise provided herein, no funds appropriated
    in this Act for the acquisition of lands or interests in lands may be
    expended for the filing of declarations of taking or complaints in
    condemnation without the approval of the House and Senate Committees on
    Appropriations: Provided, That this provision shall not apply to funds
    appropriated to implement the Everglades National Park Protection and
    Expansion Act of 1989, or to funds appropriated for Federal assistance
    to the State of Florida to acquire lands for Everglades restoration
    purposes.
        Sec. 420. Section 337(a) of the Department of the Interior and
    Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118
    Stat. 3012) is amended by striking ``September 30, 2006'' and inserting
    ``September 30, 2008''.
        Sec. 421. Section 339 of division E of the Consolidated
    Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3103) is
    amended--
                (1) by striking ``2005 through 2007''and inserting ``2005
            through 2008''; and
                (2) by adding at the end the following new sentence: ``The
            categorical exclusion under this section shall not apply with
            respect to any allotment in a federally designated wilderness
            area.''.
        Sec. 422. A permit fee collected during fiscal year 2007 by the
    Secretary of Agriculture under the Act of March 4, 1915 (16 U.S.C. 497)
    for a marina on the Shasta-Trinity National Forest shall be deposited
    in a special account in the Treasury established for the Secretary of
    Agriculture, and shall remain available to the Secretary of Agriculture
    until expended, without further appropriation, for purposes stated in
    section 808(a)(3)(A-D) of title VIII of division J of Public Law 108-
    447 (16 U.S.C. 6807), and for direct operating or capital costs
    associated with the issuance of a marina permit.
        Sec. 423. The Forest Service shall allocate to the Regions of the
    Forest Service, $15,000,000 from the current balance in the ``timber
    roads purchaser election fund'', to remain available until expended,
    for the following purposes: vegetative treatments in timber stands at
    high risk of fire due to insect, disease, or drought; road work in
    support of vegetative treatments to support forest health objectives;
    and maintaining infrastructure for the processing of woody fiber in
    Regions where it is critical to sustaining local economies and
    fulfilling the forest health objectives of the Forest Service.
        Sec. 424. (a) Land Sale Authorization.--To offset the acreage
    acquired by the Federal Government upon the acquisition of the Elkhorn
    Ranch in Medora, North Dakota, the Secretary of Agriculture (in this
    section referred to as the ``Secretary'') shall sell all right, title,
    and interest of the United States to between 5,195 or 5,205 acres of
    National Forest System lands located in Billings County, North Dakota.
    It is the intent of Congress that there will be no net gain in
    federally owned land in North Dakota as a result of these land
    conveyances.
        (b) Land Sales.--The Secretary may prescribe reservations, terms,
    and conditions of sale under this section, and may configure the
    descriptions of the land to be sold under this section to enhance the
    marketability of the land or for management purposes. The Secretary may
    utilize brokers or other third parties in the sale of land and, from
    the proceeds of the sale, may pay reasonable commissions or fees for
    services rendered.
        (c) Consideration.--As consideration for the purchase of land sold
    under this section, the purchaser shall pay to the Secretary an amount,
    in cash, equal to the fair market value of the land, as determined by
    the Secretary by appraisal or competitive sale consistent with Federal
    law applicable to land sales. The Secretary may reject any offer made
    under this section if the Secretary determines, in the absolute
    discretion of the Secretary, that the offer is not adequate or not in
    the public interest;
        (d) Initial Offer.--Under such terms, conditions, and procedures as
    the Secretary may prescribe, any base property landowner holding a
    current permit to graze any land authorized for sale under this section
    shall have a non-assignable first right to buy the land, provided that
    right must be exercised within 6 months after the date of the offer
    from the Secretary;
        (e) Treatment of Proceeds.--Using the proceeds from the sale of
    land under this section, the Secretary shall cover direct expenses
    incurred by the Secretary in conducting the sale. Any remaining
    proceeds shall be deposited into the fund established by the Act of
    December 4, 1967 (commonly known as the Sisk Act; 16 U.S.C. 484a), and
    shall be available, until expended, for the acquisition of land for
    inclusion in the National Forest System.
        (f) Land Transfers.--The lands are to be conveyed from fiscal years
    2008 to 2009. In the conveyance of any land authorized by this section,
    the Secretary shall not be required to conduct additional environmental
    analysis, including heritage resource analysis, and no sale, offer to
    sell, or conveyance shall be subject to administrative appeal.
        (g) Elkhorn Ranch.--The grazing land lease terms in effect on the
    date of the enactment of this Act relating to the acquired Elkhorn
    Ranch in Medora, North Dakota, shall remain in effect until December
    31, 2009. After that date, Federal land grazing use of the Elkhorn
    Ranch shall be managed through the grazing agreement between the Medora
    Grazing Association and the Forest Service. The Animal Unit Months
    (AUMs) for both Federal and private lands encompassing the Elkhorn
    Ranch shall become part of the grazing agreement held by Medora Grazing
    Association to be reallocated to its members in accordance with their
    rules in effect as of the date of the enactment of this Act.
        (h) The multiple uses of the acquired Elkhorn Ranch shall continue.
        Sec. 425. In fiscal year 2008 and thereafter, the Forest Service
    shall not change the eligibility requirements for base property, and
    livestock ownership as they relate to leasing of base property and
    shared livestock agreements for grazing permits on the Dakota Prairie
    Grasslands that were in effect as of July 18, 2005.
        Sec. 426. The Arts and Artifacts Indemnity Act (Public Law 94-158)
    is amended--
                (1) in section 3(a) by striking ``(B) the exhibition of
            which is'' and inserting in lieu thereof ``(B) in the case of
            international exhibitions,''; and
                (2) in section 5(b), by inserting before the period ``for
            international exhibitions, and $5,000,000,000 at any one time
            for domestic exhibitions''; and
                (3) in section 5(c), by inserting before the period ``for
            international exhibitions, or $750,000,000 for domestic
            exhibitions''.
        Sec. 427. In accordance with authorities available in section 428,
    of Public Law 109-54, the Secretary of Agriculture and the Secretary of
    the Interior shall execute an agreement that transfers management and
    oversight of the Great Onyx, Harper's Ferry, and Oconaluftee Job Corps
    Centers to the Forest Service. These Job Corps centers shall continue
    to be administered as described in section 147(c) of Public Law 105-
    220, Workforce Investment Act of 1998.
        Sec. 428. The United States Department of Agriculture, Forest
    Service shall seek to collaborate with stakeholders or parties in
    Sierra Forest Legacy, et al v. Weingardt, et al, Civil No. C 07-001654
    (E.D. Cal.), and Sierra Club, et al v. Bosworth, et al, Civil No. C 05-
    00397 (N.D. Cal.), regarding harvest operations outside of the Giant
    Sequoia National Monument in relation to the decisions approving the
    Revised Ice Timber Sale and Fuels Reduction Project and the Frog
    Project, and taking into account the terms of the contracts for those
    projects, and in relation to the Record of Decision for the Kings River
    Project, and as appropriate in regard to other disputed fuel reduction
    projects in the area.
        Sec. 429. (a) In General.--Section 636 of division A of the
    Treasury, Postal Service, and General Government Appropriations Act,
    1997 (5 U.S.C. prec. 5941 note; Public Law 104-208), is amended--
                (1) in subsection (b)--
                        (A) in paragraph (1), by striking ``or'';
                        (B) in paragraph (2), by striking the period and
                    inserting ``; or''; and
                        (C) by adding at the end the following:
                ``(3) a temporary fire line manager.''; and
                (2) in subsection (c)--
                        (A) in paragraph (3), by striking ``, and'' and
                    inserting a semicolon;
                        (B) in paragraph (4)(B), by striking the period at
                    the end and inserting ``; and''; and
        (C) by adding at the end the following:
                ``(5) notwithstanding the definition of the terms
            `supervisor' and `management official' under section 7103(a) of
            title 5, United States Code, the term `temporary fire line
            manager' means an employee of the Forest Service or the
            Department of the Interior, whose duties include, as determined
            by the employing agency--
                        ``(A) temporary supervision or management of
                    personnel engaged in wildland or managed fire
                    activities;
                        ``(B) providing analysis or information that
                    affects a decision by a supervisor or manager about a
                    wildland or managed fire; or
                        (C) directing the deployment of equipment for a
                    wildland or managed fire.''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    take effect on the date of enactment of this Act.
        Sec. 430. Global Climate Change. (a) The Congress finds that--
                (1) greenhouse gases accumulating in the atmosphere are
            causing average temperatures to rise at a rate outside the
            range of natural variability and are posing a substantial risk
            of rising sea-levels, altered patterns of atmospheric and
            oceanic circulation, and increased frequency and severity of
            floods, droughts, and wildfires;
                (2) there is a growing scientific consensus that human
            activity is a substantial cause of greenhouse gas accumulation
            in the atmosphere; and
                (3) mandatory steps will be required to slow or stop the
            growth of greenhouse gas emissions into the atmosphere.
        (b) It is the sense of the Congress that there should be enacted a
    comprehensive and effective national program of mandatory, market-based
    limits and incentives on emissions of greenhouse gases that slow, stop,
    and reverse the growth of such emissions at a rate and in a manner
    that: (1) will not significantly harm the United States economy; and
    (2) will encourage comparable action by other nations that are major
    trading partners and key contributors to global emissions.
        Sec. 431. None of the funds made available in this Act may be used
    to purchase light bulbs unless the light bulbs have the ``ENERGY STAR''
    or ``Federal Energy Management Program'' designation, except in
    instances where the agency determines that ENERGY STAR or FEMP
    designated light bulbs are not cost-effective over the life of the
    light bulbs or are not reasonably available to meet the functional
    requirements of the agency.
        Sec. 432. None of the funds made available under this Act may be
    used to promulgate or implement the Environmental Protection Agency
    proposed regulations published in the Federal Register on January 3,
    2007 (72 Fed. Reg. 69).
        Sec. 433. None of the funds made available by this Act shall be
    used to prepare or publish final regulations regarding a commercial
    leasing program for oil shale resources on public lands pursuant to
    section 369(d) of the Energy Policy Act of 2005 (Public Law 109-58) or
    to conduct an oil shale lease sale pursuant to subsection 369(e) of
    such Act.
        Sec. 434. Section 401 of the Herger-Feinstein Quincy Library Group
    Forest Recovery Act, Public Law 105-277, division A, Sec. 101(e) [title
    IV], 112 Stat. 2681-305, is amended--
                (1) In section (g) by striking ``until'' and all that
            follows and inserting ``until September 30, 2012.'';
                (2) By deleting section (i) and inserting: ``By June 1,
            2008, the Forest Service shall initiate a collaborative process
            with the Plaintiffs in Sierra Nevada Forest Prot. Campaign v.
            Rey, Case No. CIV-S-05-0205 MCE/GGH (E.D. Cal.), appeal
            docketed sub nom. Sierra Forest Legacy v. Rey, No. 07-16892
            (9th Cir. Oct. 23, 2007) and the Quincy Library Group to
            determine whether modifications to the Pilot Project are
            appropriate for the remainder of the Pilot Project.''; and
                (3) By adding at the end the following:
        ``(m) Sections 104-106 of Public Law 108-148 shall apply to
    projects authorized by this Act.''.
        Sec. 435. In addition to the amounts otherwise provided to the
    Environmental Protection Agency in this Act, $8,000,000, to remain
    available until expended, is provided to EPA to be transferred to the
    Department of the Navy for clean-up activities at the Treasure Island
    Naval Station--Hunters Point Annex.
        Sec. 436. In addition to amounts provided to the Environmental
    Protection Agency in this Act, the Oklahoma Department of Environmental
    Quality is provided the amount of $3,000,000 for a grant to the
    Oklahoma Department of Environmental Quality for ongoing relocation
    assistance as administered by the Lead Impacted Communities Relocation
    Assistance Trust and as conducted consistent with the use of prior
    unexpended funding for relocation assistance, including buy outs of
    properties, in accordance with section 2301 of Public Law 109-234 (120
    Stat. 455-466).
        Sec. 437. (a) Across-the-Board Rescissions.--There is hereby
    rescinded an amount equal to 1.56 percent of the budget authority
    provided for fiscal year 2008 for any discretionary appropriation in
    titles I through IV of this Act.
        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
                (1) to each discretionary account and each item of budget
            authority described in subsection (a); and
                (2) within each such account and item, to each program,
            project, and activity (with programs, projects, and activities
            as delineated in the appropriation Act or accompanying reports
            for the relevant fiscal year covering such account or item, or
            for accounts and items not included in appropriation Acts, as
            delineated in the most recently submitted President's budget).
        (c) Indian Land and Water Claim Settlements.--Under the heading
    ``Bureau of Indian Affairs, Indian Land and Water Claim Settlements and
    Miscellaneous Payments to Indians'', the across-the-board rescission in
    this section, and any subsequent across-the-board rescission for fiscal
    year 2008, shall apply only to the first dollar amount in the paragraph
    and the distribution of the rescission shall be at the discretion of
    the Secretary of the Interior who shall submit a report on such
    distribution and the rationale therefor to the House and Senate
    Committees on Appropriations.
        (d) OMB Report.--Within 30 days after the date of the enactment of
    this section the Director of the Office of Management and Budget shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a report specifying the account and
    amount of each rescission made pursuant to this section.

                                    TITLE V

                 WILDFIRE SUPPRESSION EMERGENCY APPROPRIATIONS

                           DEPARTMENT OF THE INTERIOR

                           Bureau of Land Management

                            wildland fire management

                         (including transfers of funds)

        For an additional amount for ``Wildland Fire Management'',
    $78,000,000, to remain available until expended, for urgent wildland
    fire suppression activities: Provided, That such funds shall only
    become available if funds previously provided for wildland fire
    suppression will be exhausted imminently and the Secretary of the
    Interior notifies the House and Senate Committees on Appropriations in
    writing of the need for these additional funds: Provided further, That
    such funds are also available for repayment to other appropriations
    accounts from which funds were transferred for wildfire suppression:
    Provided further, That the amount provided by this paragraph is
    designated as described in section 5 (in the matter preceding division
    A of this consolidated Act).

                           DEPARTMENT OF AGRICULTURE

                                 Forest Service

                            wildland fire management

                         (including transfers of funds)

        For an additional amount for ``Wildland Fire Management'',
    $222,000,000, to remain available until expended, for urgent wildland
    fire suppression activities: Provided, That such funds shall only
    become available if funds provided previously for wildland fire
    suppression will be exhausted imminently and the Secretary of
    Agriculture notifies the House and Senate Committees on Appropriations
    in writing of the need for these additional funds: Provided further,
    That such funds are also available for repayment to other appropriation
    accounts from which funds were transferred for wildfire suppression:
    Provided further, That the amount provided by this paragraph is
    designated as described in section 5 (in the matter preceding division
    A of this consolidated Act).
        This division may be cited as the ``Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2008''.

       DIVISION G--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND
            EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008

                                    TITLE I

                              DEPARTMENT OF LABOR

                     Employment and Training Administration

                        training and employment services

                            (including rescissions)

        For necessary expenses of the Workforce Investment Act of 1998
    (``WIA''), the Denali Commission Act of 1998, and the Women in
    Apprenticeship and Non-Traditional Occupations Act of 1992, including
    the purchase and hire of passenger motor vehicles, the construction,
    alteration, and repair of buildings and other facilities, and the
    purchase of real property for training centers as authorized by the
    WIA; $3,608,349,000, plus reimbursements, is available. Of the amounts
    provided:
                (1) for grants to States for adult employment and training
            activities, youth activities, and dislocated worker employment
            and training activities, $2,994,510,000 as follows:
                        (A) $864,199,000 for adult employment and training
                    activities, of which $152,199,000 shall be available
                    for the period July 1, 2008 to June 30, 2009, and of
                    which $712,000,000 shall be available for the period
                    October 1, 2008 through June 30, 2009;
                        (B) $940,500,000 for youth activities, which shall
                    be available for the period April 1, 2008 through June
                    30, 2009; and
                        (C) $1,189,811,000 for dislocated worker employment
                    and training activities, of which $341,811,000 shall be
                    available for the period July 1, 2008 through June 30,
                    2009, and of which $848,000,000 shall be available for
                    the period October 1, 2008 through June 30, 2009:
            Provided, That notwithstanding the transfer limitation under
            section 133(b)(4) of the WIA, up to 30 percent of such funds
            may be transferred by a local board if approved by the
            Governor;
                (2) for federally administered programs, $477,873,000 as
            follows:
                        (A) $282,092,000 for the dislocated workers
                    assistance national reserve, of which $6,300,000 shall
                    be available on October 1, 2007, of which $63,792,000
                    shall be available for the period July 1, 2008 through
                    June 30, 2009, and of which $212,000,000 shall be
                    available for the period October 1, 2008 through June
                    30, 2009: Provided, That up to $125,000,000 may be made
                    available for Community-Based Job Training grants from
                    funds reserved under section 132(a)(2)(A) of the WIA
                    and shall be used to carry out such grants under
                    section 171(d) of such Act, except that the 10 percent
                    limitation otherwise applicable to the amount of funds
                    that may be used to carry out section 171(d) shall not
                    be applicable to funds used for Community-Based Job
                    Training grants: Provided further, That funds provided
                    to carry out section 132(a)(2)(A) of the WIA may be
                    used to provide assistance to a State for State-wide or
                    local use in order to address cases where there have
                    been worker dislocations across multiple sectors or
                    across multiple local areas and such workers remain
                    dislocated; coordinate the State workforce development
                    plan with emerging economic development needs; and
                    train such eligible dislocated workers: Provided
                    further, That funds provided to carry out section
                    171(d) of the WIA may be used for demonstration
                    projects that provide assistance to new entrants in the
                    workforce and incumbent workers: Provided further, That
                    $2,600,000 shall be for a noncompetitive grant to the
                    National Center on Education and the Economy, which
                    shall be awarded not later than 30 days after the date
                    of enactment of this Act: Provided further, That
                    $1,500,000 shall be for a non-competitive grant to the
                    AFL-CIO Working for America Institute, which shall be
                    awarded not later than 30 days after the date of
                    enactment of this Act: Provided further, That
                    $2,200,000 shall be for a non-competitive grant to the
                    AFL-CIO Appalachian Council, Incorporated, for Job
                    Corps career transition services, which shall be
                    awarded not later than 30 days after the date of
                    enactment of this Act;
                        (B) $53,696,000 for Native American programs, which
                    shall be available for the period July 1, 2008 through
                    June 30, 2009;
                        (C) $81,085,000 for migrant and seasonal farmworker
                    programs under section 167 of the WIA, including
                    $75,610,000 for formula grants (of which not less that
                    70 percent shall be for employment and training
                    services), $4,975,000 for migrant and seasonal housing
                    (of which not less than 70 percent shall be for
                    permanent housing), and $500,000 for other
                    discretionary purposes, which shall be available for
                    the period July 1, 2008 through June 30, 2009:
                    Provided, That, notwithstanding any other provision of
                    law or related regulation, the Department shall take no
                    action limiting the number or proportion of eligible
                    participants receiving related assistance services or
                    discouraging grantees from providing such services;
                        (D) $1,000,000 for carrying out the Women in
                    Apprenticeship and Nontraditional Occupations Act,
                    which shall be available for the period July 1, 2008
                    through June 30, 2009; and
                        (E) $60,000,000 for YouthBuild activities as
                    described in section 173A of the WIA, which shall be
                    available for the period April 1, 2008 through June 30,
                    2009;
                (3) for national activities, $135,966,000, which shall be
            available for the period July 1, 2008 through July 30, 2009 as
            follows:
                        (A) $49,370,000 for Pilots, Demonstrations, and
                    Research, of which $5,000,000 shall be for grants to
                    address the employment and training needs of young
                    parents (notwithstanding the requirements of sections
                    171(b)(2)(B) or 171(c)(4)(D) of the WIA): Provided,
                    That funding provided to carry out projects under
                    section 171 of the WIA that are identified in the
                    explanatory statement described in section 4 (in the
                    matter preceding division A of this consolidated Act),
                    shall not be subject to the requirements of section
                    171(b)(2)(B) and 171(c)(4)(D) of the WIA, the joint
                    funding requirements of sections 171(b)(2)(A) and
                    171(c)(4)(A) of the WIA, or any time limit requirements
                    of sections 171(b)(2)(C) and 171(c)(4)(B) of the WIA;
                        (B) $74,800,000 for ex-offender activities, under
                    the authority of section 171 of the Act,
                    notwithstanding the requirements of sections
                    171(b)(2)(B) or 171(c)(4)(D), of which not less than
                    $55,000,000 shall be for youthful offender activities:
                    Provided, That $50,000,000 shall be available from
                    program year 2007 and program year 2008 funds for
                    competitive grants to local educational agencies or
                    community-based organizations to develop and implement
                    mentoring strategies that integrate educational and
                    employment interventions designed to prevent youth
                    violence in schools identified as persistently
                    dangerous under section 9532 of the Elementary and
                    Secondary Education Act;
                        (C) $4,921,000 for Evaluation under section 172 of
                    the WIA; and
                        (D) $6,875,000 for the Denali Commission, which
                    shall be available for the period July 1, 2008 through
                    June 30, 2009.
        Of the amounts made available under this heading in Public Law 107-
    116 to carry out the activities of the National Skills Standards Board,
    $44,000 are rescinded.
        Of the unexpended balances remaining from funds appropriated to the
    Department of Labor under this heading for fiscal years 2005 and 2006
    to carry out the Youth, Adult and Dislocated Worker formula programs
    under the Workforce Investment Act, $250,000,000 are rescinded:
    Provided, That the Secretary of Labor may, upon the request of a State,
    apply any portion of the State's share of this rescission to funds
    otherwise available to the State for such programs during program year
    2007: Provided further, That notwithstanding any provision of such Act,
    the Secretary may waive such requirements as may be necessary to carry
    out the instructions relating to this rescission in House Report 110-
    424.

                community service employment for older americans

        To carry out title V of the Older Americans Act of 1965,
    $530,900,000, which shall be available for the period July 1, 2008
    through June 30, 2009.

                  federal unemployment benefits and allowances

        For payments during fiscal year 2008 of trade adjustment benefit
    payments and allowances under part I of subchapter B of chapter 2 of
    title II of the Trade Act of 1974, and section 246 of that Act; and for
    training, allowances for job search and relocation, and related State
    administrative expenses under Part II of subchapter B of chapter 2 of
    title II of the Trade Act of 1974, $888,700,000, together with such
    amounts as may be necessary to be charged to the subsequent
    appropriation for payments for any period subsequent to September 15,
    2008.

         state unemployment insurance and employment service operations

        For authorized administrative expenses, $90,517,000, together with
    not to exceed $3,233,436,000 which may be expended from the Employment
    Security Administration Account in the Unemployment Trust Fund (``the
    Trust Fund''), of which:
                (1) $2,497,770,000 from the Trust Fund is for grants to
            States for the administration of State unemployment insurance
            laws as authorized under title III of the Social Security Act,
            the administration of unemployment insurance for Federal
            employees and for ex-service members as authorized under
            sections 8501-8523 of title 5, United States Code, and the
            administration of trade readjustment allowances and alternative
            trade adjustment assistance under the Trade Act of 1974, and
            shall be available for obligation by the States through
            December 31, 2008, except that funds used for automation
            acquisitions shall be available for obligation by the States
            through September 30, 2010, and funds used for unemployment
            insurance workloads experienced by the States through September
            30, 2008 shall be available for Federal obligation through
            December 31, 2008;
                (2) $9,900,000 from the Trust Fund is for national
            activities necessary to support the administration of the
            Federal-State unemployment insurance system;
                (3) $693,000,000 from the Trust Fund, together with
            $22,883,000 from the General Fund of the Treasury, is for
            grants to States in accordance with section 6 of the Wagner-
            Peyser Act, and shall be available for Federal obligation for
            the period July 1, 2008 through June 30, 2009;
                (4) $32,766,000 from the Trust Fund is for national
            activities of the Employment Service, including administration
            of the work opportunity tax credit under section 51 of the
            Internal Revenue Code of 1986, the administration of
            activities, including foreign labor certifications, under the
            Immigration and Nationality Act, and the provision of technical
            assistance and staff training under the Wagner-Peyser Act,
            including not to exceed $1,228,000 that may be used for
            amortization payments to States which had independent
            retirement plans in their State employment service agencies
            prior to 1980;
                (5) $52,985,000 from the General Fund is to provide
            workforce information, national electronic tools, and one-stop
            system building under the Wagner-Peyser Act and shall be
            available for Federal obligation for the period July 1, 2008
            through June 30, 2009; and
                (6) $14,649,000 from the General Fund is to provide for
            work incentive grants to the States and shall be available for
            the period July 1, 2008 through June 30, 2009:
    Provided, That to the extent that the Average Weekly Insured
    Unemployment (``AWIU'') for fiscal year 2008 is projected by the
    Department of Labor to exceed 2,786,000, an additional $28,600,000 from
    the Trust Fund shall be available for obligation for every 100,000
    increase in the AWIU level (including a pro rata amount for any
    increment less than 100,000) to carry out title III of the Social
    Security Act: Provided further, That funds appropriated in this Act
    that are allotted to a State to carry out activities under title III of
    the Social Security Act may be used by such State to assist other
    States in carrying out activities under such title III if the other
    States include areas that have suffered a major disaster declared by
    the President under the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act: Provided further, That the Secretary of Labor
    may use funds appropriated for grants to States under title III of the
    Social Security Act to make payments on behalf of States for the use of
    the National Directory of New Hires under section 453(j)(8) of such
    Act: Provided further, That funds appropriated in this Act which are
    used to establish a national one-stop career center system, or which
    are used to support the national activities of the Federal-State
    unemployment insurance or immigration programs, may be obligated in
    contracts, grants, or agreements with non-State entities: Provided
    further, That funds appropriated under this Act for activities
    authorized under title III of the Social Security Act and the Wagner-
    Peyser Act may be used by States to fund integrated Unemployment
    Insurance and Employment Service automation efforts, notwithstanding
    cost allocation principles prescribed under the Office of Management
    and Budget Circular A-87.

            advances to the unemployment trust fund and other funds

        For repayable advances to the Unemployment Trust Fund as authorized
    by sections 905(d) and 1203 of the Social Security Act, and to the
    Black Lung Disability Trust Fund as authorized by section 9501(c)(1) of
    the Internal Revenue Code of 1954; and for nonrepayable advances to the
    Unemployment Trust Fund as authorized by section 8509 of title 5,
    United States Code, and to the ``Federal unemployment benefits and
    allowances'' account, to remain available until September 30, 2009,
    $437,000,000.
        In addition, for making repayable advances to the Black Lung
    Disability Trust Fund in the current fiscal year after September 15,
    2008, for costs incurred by the Black Lung Disability Trust Fund in the
    current fiscal year, such sums as may be necessary.

                             program administration

        For expenses of administering employment and training programs,
    $88,451,000, together with not to exceed $86,936,000, which may be
    expended from the Employment Security Administration Account in the
    Unemployment Trust Fund.

                   Employee Benefits Security Administration

                             salaries and expenses

        For necessary expenses for the Employee Benefits Security
    Administration, $141,790,000.

                      Pension Benefit Guaranty Corporation

                   pension benefit guaranty corporation fund

        The Pension Benefit Guaranty Corporation is authorized to make such
    expenditures, including financial assistance authorized by subtitle E
    of title IV of the Employee Retirement Income Security Act of 1974 (29
    U.S.C. 4201 et seq.), within limits of funds and borrowing authority
    available to such Corporation, and in accord with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of the Government Corporation Control Act (31
    U.S.C. 9104), as may be necessary in carrying out the program,
    including associated administrative expenses, through September 30,
    2008, for such Corporation: Provided, That none of the funds available
    to the Corporation for fiscal year 2008 shall be available for
    obligations for administrative expenses in excess of $411,151,000:
    Provided further, That to the extent that the number of new plan
    participants in plans terminated by the Corporation exceeds 100,000 in
    fiscal year 2008, an amount not to exceed an additional $9,200,000
    shall be available for obligation for administrative expenses for every
    20,000 additional terminated participants: Provided further, That an
    additional $50,000 shall be made available for obligation for
    investment management fees for every $25,000,000 in assets received by
    the Corporation as a result of new plan terminations, after approval by
    the Office of Management and Budget and notification of the Committees
    on Appropriations of the House of Representatives and the Senate.

                      Employment Standards Administration

                             salaries and expenses

                             (including rescission)

        For necessary expenses for the Employment Standards Administration,
    including reimbursement to State, Federal, and local agencies and their
    employees for inspection services rendered, $426,351,000, together with
    $2,058,000 which may be expended from the Special Fund in accordance
    with sections 39(c), 44(d), and 44(j) of the Longshore and Harbor
    Workers' Compensation Act: Provided, That the Secretary of Labor is
    authorized to establish and, in accordance with 31 U.S.C. 3302, collect
    and deposit in the Treasury fees for processing applications and
    issuing certificates under sections 11(d) and 14 of the Fair Labor
    Standards Act of 1938 and for processing applications and issuing
    registrations under title I of the Migrant and Seasonal Agricultural
    Worker Protection Act.
        Of the unobligated funds collected pursuant to section 286(v) of
    the Immigration and Nationality Act, $102,000,000 are rescinded.

                                special benefits

                         (including transfer of funds)

        For the payment of compensation, benefits, and expenses (except
    administrative expenses) accruing during the current or any prior
    fiscal year authorized by chapter 81 of title 5, United States Code;
    continuation of benefits as provided for under the heading ``Civilian
    War Benefits'' in the Federal Security Agency Appropriation Act, 1947;
    the Employees' Compensation Commission Appropriation Act, 1944;
    sections 4(c) and 5(f) of the War Claims Act of 1948; and 50 percent of
    the additional compensation and benefits required by section 10(h) of
    the Longshore and Harbor Workers' Compensation Act, $203,000,000,
    together with such amounts as may be necessary to be charged to the
    subsequent year appropriation for the payment of compensation and other
    benefits for any period subsequent to August 15 of the current year:
    Provided, That amounts appropriated may be used under section 8104 of
    title 5, United States Code, by the Secretary of Labor to reimburse an
    employer, who is not the employer at the time of injury, for portions
    of the salary of a reemployed, disabled beneficiary: Provided further,
    That balances of reimbursements unobligated on September 30, 2007,
    shall remain available until expended for the payment of compensation,
    benefits, and expenses: Provided further, That in addition there shall
    be transferred to this appropriation from the Postal Service and from
    any other corporation or instrumentality required under section 8147(c)
    of title 5, United States Code, to pay an amount for its fair share of
    the cost of administration, such sums as the Secretary determines to be
    the cost of administration for employees of such fair share entities
    through September 30, 2008: Provided further, That of those funds
    transferred to this account from the fair share entities to pay the
    cost of administration of the Federal Employees' Compensation Act,
    $52,280,000 shall be made available to the Secretary as follows:
                (1) For enhancement and maintenance of automated data
            processing systems and telecommunications systems, $21,855,000.
                (2) For automated workload processing operations, including
            document imaging, centralized mail intake and medical bill
            processing, $16,109,000.
                (3) For periodic roll management and medical review,
            $14,316,000.
                (4) The remaining funds shall be paid into the Treasury as
            miscellaneous receipts:
    Provided further, That the Secretary may require that any person filing
    a notice of injury or a claim for benefits under chapter 81 of title 5,
    United States Code, or the Longshore and Harbor Workers' Compensation
    Act, provide as part of such notice and claim, such identifying
    information (including Social Security account number) as such
    regulations may prescribe.

                   special benefits for disabled coal miners

        For carrying out title IV of the Federal Mine Safety and Health Act
    of 1977, as amended by Public Law 107-275, $208,221,000, to remain
    available until expended.
        For making after July 31 of the current fiscal year, benefit
    payments to individuals under title IV of such Act, for costs incurred
    in the current fiscal year, such amounts as may be necessary.
        For making benefit payments under title IV for the first quarter of
    fiscal year 2009, $62,000,000, to remain available until expended.

        administrative expenses, energy employees occupational illness
                               compensation fund

                         (including transfer of funds)

        For necessary expenses to administer the Energy Employees
    Occupational Illness Compensation Program Act, $104,745,000, to remain
    available until expended: Provided, That the Secretary of Labor is
    authorized to transfer to any executive agency with authority under the
    Energy Employees Occupational Illness Compensation Program Act,
    including within the Department of Labor, such sums as may be necessary
    in fiscal year 2008 to carry out those authorities: Provided further,
    That the Secretary may require that any person filing a claim for
    benefits under the Act provide as part of such claim, such identifying
    information (including Social Security account number) as may be
    prescribed: Provided further, That not later than 30 days after
    enactment of this Act, in addition to other sums transferred by the
    Secretary to the National Institute for Occupational Safety and Health
    (``NIOSH'') for the administration of the Energy Employees Occupational
    Illness Compensation Program (``EEOICP''), the Secretary shall transfer
    $4,500,000 to NIOSH from the funds appropriated to the Energy Employees
    Occupational Illness Compensation Fund, for use by or in support of the
    Advisory Board on Radiation and Worker Health (``the Board'') to carry
    out its statutory responsibilities under the EEOICP, including
    obtaining audits, technical assistance and other support from the
    Board's audit contractor with regard to radiation dose estimation and
    reconstruction efforts, site profiles, procedures, and review of
    Special Exposure Cohort petitions and evaluation reports.

                        black lung disability trust fund

                         (including transfer of funds)

        In fiscal year 2008 and thereafter, such sums as may be necessary
    from the Black Lung Disability Trust Fund, to remain available until
    expended, for payment of all benefits authorized by section 9501(d)(1),
    (2), (4), and (7) of the Internal Revenue Code of 1954; and interest on
    advances, as authorized by section 9501(c)(2) of that Act. In addition,
    the following amounts shall be available from the Fund for fiscal year
    2008 for expenses of operation and administration of the Black Lung
    Benefits program, as authorized by section 9501(d)(5): not to exceed
    $32,761,000 for transfer to the Employment Standards Administration
    ``Salaries and Expenses''; not to exceed $24,785,000 for transfer to
    Departmental Management, ``Salaries and Expenses''; not to exceed
    $335,000 for transfer to Departmental Management, ``Office of Inspector
    General''; and not to exceed $356,000 for payments into miscellaneous
    receipts for the expenses of the Department of the Treasury.

                 Occupational Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Occupational Safety and Health
    Administration, $494,641,000, including not to exceed $91,093,000 which
    shall be the maximum amount available for grants to States under
    section 23(g) of the Occupational Safety and Health Act (the ``Act''),
    which grants shall be no less than 50 percent of the costs of State
    occupational safety and health programs required to be incurred under
    plans approved by the Secretary of Labor under section 18 of the Act;
    and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
    Safety and Health Administration may retain up to $750,000 per fiscal
    year of training institute course tuition fees, otherwise authorized by
    law to be collected, and may utilize such sums for occupational safety
    and health training and education grants: Provided, That,
    notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the
    fiscal year ending September 30, 2008, to collect and retain fees for
    services provided to Nationally Recognized Testing Laboratories, and
    may utilize such sums, in accordance with the provisions of 29 U.S.C.
    9a, to administer national and international laboratory recognition
    programs that ensure the safety of equipment and products used by
    workers in the workplace: Provided further, That none of the funds
    appropriated under this paragraph shall be obligated or expended to
    prescribe, issue, administer, or enforce any standard, rule,
    regulation, or order under the Act which is applicable to any person
    who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs 10 or fewer employees: Provided
    further, That no funds appropriated under this paragraph shall be
    obligated or expended to administer or enforce any standard, rule,
    regulation, or order under the Act with respect to any employer of 10
    or fewer employees who is included within a category having a Days
    Away, Restricted, or Transferred (DART) occupational injury and illness
    rate, at the most precise industrial classification code for which such
    data are published, less than the national average rate as such rates
    are most recently published by the Secretary, acting through the Bureau
    of Labor Statistics, in accordance with section 24 of the Act, except--
                (1) to provide, as authorized by the Act, consultation,
            technical assistance, educational and training services, and to
            conduct surveys and studies;
                (2) to conduct an inspection or investigation in response
            to an employee complaint, to issue a citation for violations
            found during such inspection, and to assess a penalty for
            violations which are not corrected within a reasonable
            abatement period and for any willful violations found;
                (3) to take any action authorized by the Act with respect
            to imminent dangers;
                (4) to take any action authorized by the Act with respect
            to health hazards;
                (5) to take any action authorized by the Act with respect
            to a report of an employment accident which is fatal to one or
            more employees or which results in hospitalization of two or
            more employees, and to take any action pursuant to such
            investigation authorized by the Act; and
                (6) to take any action authorized by the Act with respect
            to complaints of discrimination against employees for
            exercising rights under the Act:
    Provided further, That the foregoing proviso shall not apply to any
    person who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs 10 or fewer employees: Provided
    further, That $10,116,000 shall be available for Susan Harwood training
    grants, of which $3,200,000 shall be used for the Institutional
    Competency Building training grants which commenced in September 2000,
    for program activities for the period of October 1, 2007 to September
    30, 2008, provided that a grantee has demonstrated satisfactory
    performance: Provided further, That such grants shall be awarded not
    later than 30 days after the date of enactment of this Act: Provided
    further, That the Secretary shall provide a report to the Committees on
    Appropriations of the House of Representatives and the Senate with
    timetables for the development and issuance of occupational safety and
    health standards on beryllium, silica, cranes and derricks, confined
    space entry in construction, and hazard communication global
    harmonization; such timetables shall include actual or estimated dates
    for: the publication of an advance notice of proposed rulemaking, the
    commencement and completion of a Small Business Regulatory Enforcement
    Fairness Act review (if required), the completion of any peer review
    (if required), the submission of the draft proposed rule to the Office
    of Management and Budget for review under Executive Order No. 12866 (if
    required), the publication of a proposed rule, the conduct of public
    hearings, the submission of a draft final rule to the Office and
    Management and Budget for review under Executive Order No. 12866 (if
    required), and the issuance of a final rule; and such report shall be
    submitted to the Committees on Appropriations of the House of
    Representatives and the Senate within 90 days of the enactment of this
    Act, with updates provided every 90 days thereafter that shall include
    an explanation of the reasons for any delays in meeting the projected
    timetables for action.

                     Mine Safety and Health Administration

                             salaries and expenses

        For necessary expenses for the Mine Safety and Health
    Administration, $339,862,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles, including up to
    $2,000,000 for mine rescue and recovery activities, $2,200,000 for an
    award to the United Mine Workers of America, for classroom and
    simulated rescue training for mine rescue teams, and $1,184,000 for an
    award to the Wheeling Jesuit University, for the National Technology
    Transfer Center for a coal slurry impoundment project; in addition, not
    to exceed $750,000 may be collected by the National Mine Health and
    Safety Academy for room, board, tuition, and the sale of training
    materials, otherwise authorized by law to be collected, to be available
    for mine safety and health education and training activities,
    notwithstanding 31 U.S.C. 3302; and, in addition, the Mine Safety and
    Health Administration may retain up to $1,000,000 from fees collected
    for the approval and certification of equipment, materials, and
    explosives for use in mines, and may utilize such sums for such
    activities; the Secretary of Labor is authorized to accept lands,
    buildings, equipment, and other contributions from public and private
    sources and to prosecute projects in cooperation with other agencies,
    Federal, State, or private; the Mine Safety and Health Administration
    is authorized to promote health and safety education and training in
    the mining community through cooperative programs with States,
    industry, and safety associations; the Secretary is authorized to
    recognize the Joseph A. Holmes Safety Association as a principal safety
    association and, notwithstanding any other provision of law, may
    provide funds and, with or without reimbursement, personnel, including
    service of Mine Safety and Health Administration officials as officers
    in local chapters or in the national organization; and any funds
    available to the Department may be used, with the approval of the
    Secretary, to provide for the costs of mine rescue and survival
    operations in the event of a major disaster.

                           Bureau of Labor Statistics

                             salaries and expenses

        For necessary expenses for the Bureau of Labor Statistics,
    including advances or reimbursements to State, Federal, and local
    agencies and their employees for services rendered, $476,861,000,
    together with not to exceed $77,067,000, which may be expended from the
    Employment Security Administration Account in the Unemployment Trust
    Fund, of which $5,000,000 may be used to fund the mass layoff
    statistics program under section 15 of the Wagner-Peyser Act: Provided,
    That the Current Employment Survey shall maintain the content of the
    survey issued prior to June 2005 with respect to the collection of data
    for the women worker series.

                     Office of Disability Employment Policy

                             salaries and expenses

        For necessary expenses for the Office of Disability Employment
    Policy to provide leadership, develop policy and initiatives, and award
    grants furthering the objective of eliminating barriers to the training
    and employment of people with disabilities, $27,712,000.

                            Departmental Management

                             salaries and expenses

        For necessary expenses for Departmental Management, including the
    hire of three sedans, and including the management or operation,
    through contracts, grants or other arrangements of Departmental
    activities conducted by or through the Bureau of International Labor
    Affairs, including bilateral and multilateral technical assistance and
    other international labor activities, $296,756,000, of which
    $82,516,000 is for the Bureau of International Labor Affairs (including
    $5,000,000 to implement model programs to address worker rights issues
    through technical assistance in countries with which the United States
    has trade preference programs), and of which $20,000,000 is for the
    acquisition of Departmental information technology, architecture,
    infrastructure, equipment, software and related needs, which will be
    allocated by the Department's Chief Information Officer in accordance
    with the Department's capital investment management process to assure a
    sound investment strategy; together with not to exceed $308,000, which
    may be expended from the Employment Security Administration Account in
    the Unemployment Trust Fund.

                              office of job corps

        To carry out subtitle C of title I of the Workforce Investment Act
    of 1998, including Federal administrative expenses, the purchase and
    hire of passenger motor vehicles, the construction, alteration and
    repairs of buildings and other facilities, and the purchase of real
    property for training centers as authorized by the Workforce Investment
    Act; $1,626,855,000, plus reimbursements, as follows:
                (1) $1,485,357,000 for Job Corps Operations, of which
            $894,357,000 is available for obligation for the period July 1,
            2008 through June 30, 2009 and of which $591,000,000 is
            available for obligation for the period October 1, 2008 through
            June 30, 2009;
                (2) $112,920,000 for construction, rehabilitation and
            acquisition of Job Corps Centers, of which $12,920,000 is
            available for the period July 1, 2008 through June 30, 2011 and
            $100,000,000 is available for the period October 1, 2008
            through June 30, 2011; and
                (3) $28,578,000 for necessary expenses of the Office of Job
            Corps is available for obligation for the period October 1,
            2007 through September 30, 2008:
    Provided, That the Office of Job Corps shall have contracting
    authority: Provided further, That no funds from any other appropriation
    shall be used to provide meal services at or for Job Corps centers:
    Provided further, That none of the funds made available in this Act
    shall be used to reduce Job Corps total student training slots below
    the current level of 44,491 in program year 2008.

                        veterans employment and training

        Not to exceed $200,631,000 may be derived from the Employment
    Security Administration Account in the Unemployment Trust Fund to carry
    out the provisions of sections 4100-4113, 4211-4215, and 4321-4327 of
    title 38, United States Code, and Public Law 103-353, and which shall
    be available for obligation by the States through December 31, 2008, of
    which $1,984,000 is for the National Veterans' Employment and Training
    Services Institute. To carry out the Homeless Veterans Reintegration
    Programs under section 5(a)(1) of the Homeless Veterans Comprehensive
    Assistance Act of 2001 and the Veterans Workforce Investment Programs
    under section 168 of the Workforce Investment Act, $31,522,000, of
    which $7,482,000 shall be available for obligation for the period July
    1, 2008, through June 30, 2009.

                          office of inspector general

        For salaries and expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $70,072,000, together with not to exceed $5,641,000, which may be
    expended from the Employment Security Administration Account in the
    Unemployment Trust Fund.

                               General Provisions

        Sec. 101. None of the funds appropriated in this Act for the Job
    Corps shall be used to pay the salary of an individual, either as
    direct costs or any proration as an indirect cost, at a rate in excess
    of Executive Level I.

                              (transfer of funds)

        Sec. 102. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Labor in this Act may be transferred between a program,
    project, or activity, but no such program, project, or activity shall
    be increased by more than 3 percent by any such transfer: Provided,
    That the transfer authority granted by this section shall be available
    only to meet emergency needs and shall not be used to create any new
    program or to fund any project or activity for which no funds are
    provided in this Act: Provided further, That the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.
        Sec. 103. In accordance with Executive Order No. 13126, none of the
    funds appropriated or otherwise made available pursuant to this Act
    shall be obligated or expended for the procurement of goods mined,
    produced, manufactured, or harvested or services rendered, whole or in
    part, by forced or indentured child labor in industries and host
    countries already identified by the United States Department of Labor
    prior to enactment of this Act.
        Sec. 104. After September 30, 2007, the Secretary of Labor shall
    issue a monthly transit subsidy of not less than the full amount (of
    not less than $110) that each of its employees of the National Capital
    Region is eligible to receive.
        Sec. 105. None of the funds appropriated in this title for grants
    under section 171 of the Workforce Investment Act of 1998 may be
    obligated prior to the preparation and submission of a report by the
    Secretary of Labor to the Committees on Appropriations of the House of
    Representatives and the Senate detailing the planned uses of such
    funds.
        Sec. 106. There is authorized to be appropriated such sums as may
    be necessary to the Denali Commission through the Department of Labor
    to conduct job training of the local workforce where Denali Commission
    projects will be constructed.
        Sec. 107. None of the funds made available to the Department of
    Labor for grants under section 414(c) of the American Competitiveness
    and Workforce Improvement Act of 1998 may be used for any purpose other
    than training in the occupations and industries for which employers are
    using H-1B visas to hire foreign workers, and the related activities
    necessary to support such training: Provided, That the preceding
    limitation shall not apply to multi-year grants awarded prior to June
    30, 2007.
        Sec. 108. None of the funds available in this Act or available to
    the Secretary of Labor from other sources for Community-Based Job
    Training grants and grants authorized under section 414(c) of the
    American Competitiveness and Workforce Improvement Act of 1998 shall be
    obligated for a grant awarded on a non-competitive basis.
        Sec. 109. The Secretary of Labor shall take no action to amend,
    through regulatory or administration action, the definition established
    in 20 CFR 667.220 for functions and activities under title I of the
    Workforce Investment Act of 1998, or to modify, through regulatory or
    administrative action, the procedure for redesignation of local areas
    as specified in subtitle B of title I of that Act (including applying
    the standards specified in section 116(a)(3)(B) of that Act, but
    notwithstanding the time limits specified in section 116(a)(3)(B) of
    that Act), until such time as legislation reauthorizing the Act is
    enacted. Nothing in the preceding sentence shall permit or require the
    Secretary of Labor to withdraw approval for such redesignation from a
    State that received the approval not later than October 12, 2005, or to
    revise action taken or modify the redesignation procedure being used by
    the Secretary in order to complete such redesignation for a State that
    initiated the process of such redesignation by submitting any request
    for such redesignation not later than October 26, 2005.
        Sec. 110. None of the funds made available in this or any other Act
    shall be available to finalize or implement any proposed regulation
    under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933,
    or the Trade Adjustment Assistance Reform Act of 2002 until such time
    as legislation reauthorizing the Workforce Investment Act of 1998 and
    the Trade Adjustment Assistance Reform Act of 2002 is enacted.
        Sec. 111. None of the funds available in this Act may be used to
    carry out a public-private competition or direct conversion under
    Office of Management and Budget Circular A-76 or any successor
    administrative regulation, directive or policy until 60 days after the
    Government Accountability Office provides a report to the Committees on
    Appropriations of the House of Representatives and the Senate on the
    use of competitive sourcing at the Department of Labor.
        Sec. 112. (a) Not later than June 20, 2008, the Secretary of Labor
    shall propose regulations pursuant to section 303(y) of the Federal
    Mine Safety and Health Act of 1977, consistent with the recommendations
    of the Technical Study Panel established pursuant to section 11 of the
    Mine Improvement and New Emergency Response (MINER) Act (Public Law
    109-236), to require that in any coal mine, regardless of the date on
    which it was opened, belt haulage entries not be used to ventilate
    active working places without prior approval from the Assistant
    Secretary. Further, a mine ventilation plan incorporating the use of
    air coursed through belt haulage entries to ventilate active working
    places shall not be approved until the Assistant Secretary has reviewed
    the elements of the plan related to the use of belt air and determined
    that the plan at all times affords at least the same measure of
    protection where belt haulage entries are not used to ventilate working
    places. The Secretary shall finalize the regulations not later than
    December 31, 2008.
        (b) Not later than June 15, 2008, the Secretary of Labor shall
    propose regulations pursuant to section 315 of the Federal Coal Mine
    Health and Safety Act of 1969, consistent with the recommendations of
    the National Institute for Occupational Safety and Health pursuant to
    section 13 of the MINER Act (Public Law 109-236), requiring rescue
    chambers, or facilities that afford at least the same measure of
    protection, in underground coal mines. The Secretary shall finalize the
    regulations not later than December 31, 2008.
        Sec. 113. None of the funds appropriated in this Act under the
    heading ``Employment and Training Administration'' shall be used by a
    recipient or subrecipient of such funds to pay the salary and bonuses
    of an individual, either as direct costs or indirect costs, at a rate
    in excess of Executive Level II. This limitation shall not apply to
    vendors providing goods and services as defined in OMB Circular A-133.
    Where States are recipients of such funds, States may establish a lower
    limit for salaries and bonuses of those receiving salaries and bonuses
    from subrecipients of such funds, taking into account factors including
    the relative cost-of-living in the State, the compensation levels for
    comparable State or local government employees, and the size of the
    organizations that administer Federal programs involved including
    Employment and Training Administration programs.
        Sec. 114. (a) In this section:
                (1) The term ``covered funds'' means funds provided under
            section 173 of the Workforce Investment Act of 1998 (29 U.S.C.
            2918) to a State that submits an application under that section
            not earlier than May 4, 2007, for a national emergency grant to
            address the effects of the May 4, 2007, Greensburg, Kansas
            tornado.
                (2) The term ``professional municipal services'' means
            services that are necessary to facilitate the recovery of
            Greensburg, Kansas from that tornado, and necessary to plan for
            or provide basic management and administrative services, which
            may include--
                        (A) the overall coordination of disaster recovery
                    and humanitarian efforts, oversight, and enforcement of
                    building code compliance, and coordination of health
                    and safety response units; or
                        (B) the delivery of humanitarian assistance to
                    individuals affected by that tornado.
        (b) Covered funds may be used to provide temporary public sector
    employment and services authorized under section 173 of such Act to
    individuals affected by such tornado, including individuals who were
    unemployed on the date of the tornado, or who are without employment
    history, in addition to individuals who are eligible for disaster
    relief employment under section 173(d)(2) of such Act.
        (c) Covered funds may be used to provide professional municipal
    services for a period of not more than 24 months, by hiring or
    contracting with individuals or organizations (including individuals
    employed by contractors) that the State involved determines are
    necessary to provide professional municipal services.
        (d) Covered funds expended under this section may be spent on costs
    incurred not earlier than May 4, 2007.
        This title may be cited as the ``Department of Labor Appropriations
    Act, 2008''.

                                    TITLE II

                    DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                         health resources and services

        For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
    XXVI of the Public Health Service Act, section 427(a) of the Federal
    Coal Mine Health and Safety Act, title V and sections 1128E, and 711,
    and 1820 of the Social Security Act, the Health Care Quality
    Improvement Act of 1986, the Native Hawaiian Health Care Act of 1988,
    the Cardiac Arrest Survival Act of 2000, and section 712 of the
    American Jobs Creation Act of 2004, $6,978,099,000, of which
    $309,889,000 shall be available for construction and renovation
    (including equipment) of health care and other facilities and other
    health-related activities specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act), and of which $38,538,000 from general revenues,
    notwithstanding section 1820(j) of the Social Security Act, shall be
    available for carrying out the Medicare rural hospital flexibility
    grants program under such section: Provided, That of the funds made
    available under this heading, $160,000 shall be available until
    expended for facilities renovations at the Gillis W. Long Hansen's
    Disease Center: Provided further, That $40,000,000 of the funding
    provided for community health centers shall be for base grant
    adjustments for existing health centers: Provided further, That in
    addition to fees authorized by section 427(b) of the Health Care
    Quality Improvement Act of 1986, fees shall be collected for the full
    disclosure of information under the Act sufficient to recover the full
    costs of operating the National Practitioner Data Bank, and shall
    remain available until expended to carry out that Act: Provided
    further, That fees collected for the full disclosure of information
    under the ``Health Care Fraud and Abuse Data Collection Program'',
    authorized by section 1128E(d)(2) of the Social Security Act, shall be
    sufficient to recover the full costs of operating the program, and
    shall remain available until expended to carry out that Act: Provided
    further, That no more than $40,000 is available until expended for
    carrying out the provisions of 42 U.S.C. 233(o) including associated
    administrative expenses and relevant evaluations: Provided further,
    That no more than $44,055,000 is available until expended for carrying
    out the provisions of Public Law 104-73 and for expenses incurred by
    the Department of Health and Human Services pertaining to
    administrative claims made under such law: Provided further, That of
    the funds made available under this heading, $305,315,000 shall be for
    the program under title X of the Public Health Service Act to provide
    for voluntary family planning projects: Provided further, That amounts
    provided to said projects under such title shall not be expended for
    abortions, that all pregnancy counseling shall be nondirective, and
    that such amounts shall not be expended for any activity (including the
    publication or distribution of literature) that in any way tends to
    promote public support or opposition to any legislative proposal or
    candidate for public office: Provided further, That of the funds
    available under this heading, $1,854,800,000 shall remain available to
    the Secretary of Health and Human Services through September 30, 2010,
    for parts A and B of title XXVI of the Public Health Service Act:
    Provided further, That within the amounts provided for part A of title
    XXVI of the Public Health Service Act, funds shall be made available to
    qualifying jurisdictions, within 45 days of enactment, for increasing
    supplemental grants for fiscal year 2008 to metropolitan areas that
    received grant funding in fiscal year 2007 under subparts I and II of
    part A of title XXVI of the Public Health Service Act to ensure that an
    area's total funding under part A for fiscal year 2007, together with
    the amount of this additional funding, is not less than 86.6 percent of
    the amount of such area's total funding under part A for fiscal year
    2006: Provided further, That, notwithstanding section 2603(c)(1) of the
    Public Health Service Act, the additional funding to areas under the
    immediately preceding proviso, which may be used for costs incurred
    during fiscal year 2007, shall be available to the area for obligation
    from the date of the award through the end of the grant year for the
    award: Provided further, That $808,500,000 shall be for State AIDS Drug
    Assistance Programs authorized by section 2616 of the Public Health
    Service Act: Provided further, That in addition to amounts provided
    herein, $25,000,000 shall be available from amounts available under
    section 241 of the Public Health Service Act to carry out Parts A, B,
    C, and D of title XXVI of the Public Health Service Act to fund section
    2691 Special Projects of National Significance: Provided further, That,
    notwithstanding section 502(a)(1) and 502(b)(1) of the Social Security
    Act, not to exceed $100,937,000 is available for carrying out special
    projects of regional and national significance pursuant to section
    501(a)(2) of such Act and $10,586,000 is available for projects
    described in paragraphs (A) through (F) of section 501(a)(3) of such
    Act: Provided further, That of the funds provided, $39,283,000 shall be
    provided to the Denali Commission as a direct lump payment pursuant to
    Public Law 106-113: Provided further, That of the funds provided,
    $25,000,000 shall be provided for the Delta Health Initiative as
    authorized in section 219 of this Act and associated administrative
    expenses: Provided further, That notwithstanding section 747(e)(2) of
    the PHS Act, not less than $5,000,000 shall be for general dentistry
    programs, not less than $5,000,000 shall be for pediatric dentistry
    programs and not less than $24,614,000 shall be for family medicine
    programs: Provided further, That of the funds available under this
    heading, $9,000,000 shall be provided for the National Cord Blood
    Inventory pursuant to the Stem Cell Therapeutic and Research Act of
    2005.

               health education assistance loans program account

        Such sums as may be necessary to carry out the purpose of the
    program, as authorized by title VII of the Public Health Service Act.
    For administrative expenses to carry out the guaranteed loan program,
    including section 709 of the Public Health Service Act, $2,898,000.

                 vaccine injury compensation program trust fund

        For payments from the Vaccine Injury Compensation Program Trust
    Fund, such sums as may be necessary for claims associated with vaccine-
    related injury or death with respect to vaccines administered after
    September 30, 1988, pursuant to subtitle 2 of title XXI of the Public
    Health Service Act, to remain available until expended: Provided, That
    for necessary administrative expenses, not to exceed $5,500,000 shall
    be available from the Trust Fund to the Secretary of Health and Human
    Services.

                   Centers for Disease Control and Prevention

                    disease control, research, and training

        To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
    of the Public Health Service Act, sections 101, 102, 103, 201, 202,
    203, 301, 501, and 514 of the Federal Mine Safety and Health Act of
    1977, section 13 of the Mine Improvement and New Emergency Response Act
    of 2006, sections 20, 21, and 22 of the Occupational Safety and Health
    Act of 1970, title IV of the Immigration and Nationality Act, section
    501 of the Refugee Education Assistance Act of 1980, and for expenses
    necessary to support activities related to countering potential
    biological, disease, nuclear, radiological, and chemical threats to
    civilian populations; including purchase and insurance of official
    motor vehicles in foreign countries; and purchase, hire, maintenance,
    and operation of aircraft, $6,156,541,000, of which $56,000,000 shall
    remain available until expended for equipment, construction and
    renovation of facilities; of which $568,803,000 shall remain available
    until expended for the Strategic National Stockpile; of which
    $27,215,000 shall be available for public health improvement activities
    specified in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act); of which
    $121,541,000 for international HIV/AIDS shall remain available until
    September 30, 2009; and of which $109,000,000 shall be available until
    expended to provide screening and treatment for first response
    emergency services personnel, residents, students, and others related
    to the September 11, 2001 terrorist attacks on the World Trade Center:
    Provided, That of this amount, $56,500,000 is designated as described
    in section 5 (in the matter preceding division A of this consolidated
    Act). In addition, such sums as may be derived from authorized user
    fees, which shall be credited to this account: Provided, That in
    addition to amounts provided herein, the following amounts shall be
    available from amounts available under section 241 of the Public Health
    Service Act: (1) $12,794,000 to carry out the National Immunization
    Surveys; (2) $113,636,000 to carry out the National Center for Health
    Statistics surveys; (3) $24,751,000 to carry out information systems
    standards development and architecture and applications-based research
    used at local public health levels; (4) $48,523,000 for Health
    Marketing; (5) $31,000,000 to carry out Public Health Research; and (6)
    $94,969,000 to carry out research activities within the National
    Occupational Research Agenda: Provided further, That none of the funds
    made available for injury prevention and control at the Centers for
    Disease Control and Prevention may be used, in whole or in part, to
    advocate or promote gun control: Provided further, That up to
    $31,800,000 shall be made available until expended for Individual
    Learning Accounts for full-time equivalent employees of the Centers for
    Disease Control and Prevention: Provided further, That the Director may
    redirect the total amount made available under authority of Public Law
    101-502, section 3, dated November 3, 1990, to activities the Director
    may so designate: Provided further, That the Committees on
    Appropriations of the House of Representatives and the Senate are to be
    notified promptly of any such transfer: Provided further, That not to
    exceed $18,929,000 may be available for making grants under section
    1509 of the Public Health Service Act to not less than 15 States,
    tribes, or tribal organizations: Provided further, That notwithstanding
    any other provision of law, the Centers for Disease Control and
    Prevention shall award a single contract or related contracts for
    development and construction of the next building or facility
    designated in the Buildings and Facilities Master Plan that
    collectively include the full scope of the project: Provided further,
    That the solicitation and contract shall contain the clause
    ``availability of funds'' found at 48 CFR 52.232-18: Provided further,
    That of the funds appropriated, $10,000 is for official reception and
    representation expenses when specifically approved by the Director of
    the Centers for Disease Control and Prevention: Provided further, That
    employees of the Centers for Disease Control and Prevention or the
    Public Health Service, both civilian and Commissioned Officers,
    detailed to States, municipalities, or other organizations under
    authority of section 214 of the Public Health Service Act, or in
    overseas assignments, shall be treated as non-Federal employees for
    reporting purposes only and shall not be included within any personnel
    ceiling applicable to the Agency, Service, or the Department of Health
    and Human Services during the period of detail or assignment: Provided
    further, That out of funds made available under this heading for
    domestic HIV/AIDS testing, up to $30,000,000 shall be for States
    eligible under section 2625 of the Public Health Service Act as of
    December 31, 2007 and shall be distributed by May 31, 2008 based on
    standard criteria relating to a State's epidemiological profile, and of
    which not more than $1,000,000 may be made available to any one State,
    and any amounts that have not been obligated by May 31, 2008 shall be
    used to make grants authorized by other provisions of the Public Health
    Service Act to States and local public health departments for HIV
    prevention activities.

                         National Institutes of Health

                           national cancer institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to cancer, $4,890,525,000, of which up to
    $8,000,000 may be used for facilities repairs and improvements at the
    NCI-Frederick Federally Funded Research and Development Center in
    Frederick, Maryland.

                   national heart, lung, and blood institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to cardiovascular, lung, and blood diseases,
    and blood and blood products, $2,974,900,000.

             national institute of dental and craniofacial research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to dental disease, $396,632,000.

        national institute of diabetes and digestive and kidney diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to diabetes and digestive and kidney disease,
    $1,736,199,000.

            national institute of neurological disorders and stroke

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to neurological disorders and stroke,
    $1,571,353,000.

             national institute of allergy and infectious diseases

                         (including transfer of funds)

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to allergy and infectious diseases,
    $4,641,746,000: Provided, That $300,000,000 may be made available to
    International Assistance Programs ``Global Fund to Fight HIV/AIDS,
    Malaria, and Tuberculosis'', to remain available until expended:
    Provided further, That such sums obligated in fiscal years 2003 through
    2007 for extramural facilities construction projects are to remain
    available until expended for disbursement, with prior notification of
    such projects to the Committees on Appropriations of the House of
    Representatives and the Senate.

                 national institute of general medical sciences

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to general medical sciences, $1,970,228,000.

            national institute of child health and human development

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to child health and human development,
    $1,277,017,000.

                             national eye institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to eye diseases and visual disorders,
    $678,978,000.

              national institute of environmental health sciences

        For carrying out sections 301 and 311 and title IV of the Public
    Health Service Act with respect to environmental health sciences,
    $653,673,000.

                          national institute on aging

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to aging, $1,065,881,000.

     national institute of arthritis and musculoskeletal and skin diseases

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to arthritis and musculoskeletal and skin
    diseases, $517,629,000.

        national institute on deafness and other communication disorders

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to deafness and other communication disorders,
    $401,146,000.

                     national institute of nursing research

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to nursing research, $139,920,000.

               national institute on alcohol abuse and alcoholism

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to alcohol abuse and alcoholism, $444,016,000.

                        national institute on drug abuse

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to drug abuse, $1,018,493,000.

                      national institute of mental health

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to mental health, $1,429,466,000.

                    national human genome research institute

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to human genome research, $495,434,000.

          national institute of biomedical imaging and bioengineering

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to biomedical imaging and bioengineering
    research, $303,955,000.

                     national center for research resources

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to research resources and general research
    support grants, $1,169,884,000.

           national center for complementary and alternative medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to complementary and alternative medicine,
    $123,739,000.

           national center on minority health and health disparities

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to minority health and health disparities
    research, $203,117,000.

                      john e. fogarty international center

        For carrying out the activities of the John E. Fogarty
    International Center (described in subpart 2 of part E of title IV of
    the Public Health Service Act), $67,741,000.

                          national library of medicine

        For carrying out section 301 and title IV of the Public Health
    Service Act with respect to health information communications,
    $326,669,000, of which $4,000,000 shall be available until expended for
    improvement of information systems: Provided, That in fiscal year 2008,
    the National Library of Medicine may enter into personal services
    contracts for the provision of services in facilities owned, operated,
    or constructed under the jurisdiction of the National Institutes of
    Health: Provided further, That in addition to amounts provided herein,
    $8,200,000 shall be available from amounts available under section 241
    of the Public Health Service Act to carry out the purposes of the
    National Information Center on Health Services Research and Health Care
    Technology established under section 478A of the Public Health Service
    Act and related health services.

                             office of the director

        For carrying out the responsibilities of the Office of the
    Director, National Institutes of Health, $1,128,819,000, of which up to
    $25,000,000 shall be used to carry out section 215 of this Act:
    Provided, That funding shall be available for the purchase of not to
    exceed 29 passenger motor vehicles for replacement only: Provided
    further, That the National Institutes of Health is authorized to
    collect third party payments for the cost of clinical services that are
    incurred in National Institutes of Health research facilities and that
    such payments shall be credited to the National Institutes of Health
    Management Fund: Provided further, That all funds credited to such Fund
    shall remain available for one fiscal year after the fiscal year in
    which they are deposited: Provided further, That $112,872,000 shall be
    available for continuation of the National Children's Study: Provided
    further, That $504,420,000 shall be available for the Common Fund
    established under section 402A(c)(1) of the Public Health Service Act:
    Provided further, That of the funds provided $10,000 shall be for
    official reception and representation expenses when specifically
    approved by the Director of the National Institutes of Health: Provided
    further, That the Office of AIDS Research within the Office of the
    Director of the National Institutes of Health may spend up to
    $4,000,000 to make grants for construction or renovation of facilities
    as provided for in section 2354(a)(5)(B) of the Public Health Service
    Act.

                            buildings and facilities

        For the study of, construction of, renovation of, and acquisition
    of equipment for, facilities of or used by the National Institutes of
    Health, including the acquisition of real property, $121,081,000, to
    remain available until expended.

           Substance Abuse and Mental Health Services Administration

                   substance abuse and mental health services

        For carrying out titles V and XIX of the Public Health Service Act
    (``PHS Act'') with respect to substance abuse and mental health
    services, the Protection and Advocacy for Individuals with Mental
    Illness Act, and section 301 of the PHS Act with respect to program
    management, $3,291,543,000, of which $19,120,000 shall be available for
    the projects and in the amounts specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act): Provided, That notwithstanding section 520A(f)(2) of
    the PHS Act, no funds appropriated for carrying out section 520A are
    available for carrying out section 1971 of the PHS Act: Provided
    further, That in addition to amounts provided herein, the following
    amounts shall be available under section 241 of the PHS Act: (1)
    $79,200,000 to carry out subpart II of part B of title XIX of the PHS
    Act to fund section 1935(b) technical assistance, national data, data
    collection and evaluation activities, and further that the total
    available under this Act for section 1935(b) activities shall not
    exceed 5 percent of the amounts appropriated for subpart II of part B
    of title XIX; (2) $21,413,000 to carry out subpart I of part B of title
    XIX of the PHS Act to fund section 1920(b) technical assistance,
    national data, data collection and evaluation activities, and further
    that the total available under this Act for section 1920(b) activities
    shall not exceed 5 percent of the amounts appropriated for subpart I of
    part B of title XIX; (3) $17,750,000 to carry out national surveys on
    drug abuse; and (4) $4,300,000 to evaluate substance abuse treatment
    programs: Provided further, That section 520E(b)(2) of the Public
    Health Service Act shall not apply to funds appropriated under this Act
    for fiscal year 2008.

                   Agency for Healthcare Research and Quality

                        healthcare research and quality

        For carrying out titles III and IX of the Public Health Service
    Act, and part A of title XI of the Social Security Act, amounts
    received from Freedom of Information Act fees, reimbursable and
    interagency agreements, and the sale of data shall be credited to this
    appropriation and shall remain available until expended: Provided, That
    the amount made available pursuant to section 937(c) of the Public
    Health Service Act shall not exceed $334,564,000.

                   Centers for Medicare and Medicaid Services

                         grants to states for medicaid

        For carrying out, except as otherwise provided, titles XI and XIX
    of the Social Security Act, $141,628,056,000, to remain available until
    expended.
        For making, after May 31, 2008, payments to States under title XIX
    of the Social Security Act for the last quarter of fiscal year 2008 for
    unanticipated costs, incurred for the current fiscal year, such sums as
    may be necessary.
        For making payments to States or in the case of section 1928 on
    behalf of States under title XIX of the Social Security Act for the
    first quarter of fiscal year 2009, $67,292,669,000, to remain available
    until expended.
        Payment under title XIX may be made for any quarter with respect to
    a State plan or plan amendment in effect during such quarter, if
    submitted in or prior to such quarter and approved in that or any
    subsequent quarter.

                      payments to health care trust funds

        For payment to the Federal Hospital Insurance and the Federal
    Supplementary Medical Insurance Trust Funds, as provided under section
    1844 and 1860D-16 of the Social Security Act, sections 103(c) and
    111(d) of the Social Security Amendments of 1965, section 278(d) of
    Public Law 97-248, and for administrative expenses incurred pursuant to
    section 201(g) of the Social Security Act, $188,445,000,000.
        In addition, for making matching payments under section 1844, and
    benefit payments under section 1860D-16 of the Social Security Act, not
    anticipated in budget estimates, such sums as may be necessary.

                               program management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
    Public Health Service Act, and the Clinical Laboratory Improvement
    Amendments of 1988, not to exceed $3,207,690,000, to be transferred
    from the Federal Hospital Insurance and the Federal Supplementary
    Medical Insurance Trust Funds, as authorized by section 201(g) of the
    Social Security Act; together with all funds collected in accordance
    with section 353 of the Public Health Service Act and section
    1857(e)(2) of the Social Security Act, funds retained by the Secretary
    pursuant to section 302 of the Tax Relief and Health Care Act of 2006;
    and such sums as may be collected from authorized user fees and the
    sale of data, which shall remain available until expended: Provided,
    That all funds derived in accordance with 31 U.S.C. 9701 from
    organizations established under title XIII of the Public Health Service
    Act shall be credited to and available for carrying out the purposes of
    this appropriation: Provided further, That $45,000,000, to remain
    available until September 30, 2009, is for contract costs for the
    Healthcare Integrated General Ledger Accounting System: Provided
    further, That $193,000,000, to remain available until September 30,
    2009, is for CMS Medicare contracting reform activities: Provided
    further, That funds appropriated under this heading are available for
    the Healthy Start, Grow Smart program under which the Centers for
    Medicare and Medicaid Services may, directly or through grants,
    contracts, or cooperative agreements, produce and distribute
    informational materials including, but not limited to, pamphlets and
    brochures on infant and toddler health care to expectant parents
    enrolled in the Medicaid program and to parents and guardians enrolled
    in such program with infants and children: Provided further, That the
    Secretary of Health and Human Services is directed to collect fees in
    fiscal year 2008 from Medicare Advantage organizations pursuant to
    section 1857(e)(2) of the Social Security Act and from eligible
    organizations with risk-sharing contracts under section 1876 of that
    Act pursuant to section 1876(k)(4)(D) of that Act: Provided further,
    That $5,007,000 shall be available for the projects and in the amounts
    specified in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

                    Administration for Children and Families

      payments to states for child support enforcement and family support
                                    programs

        For making payments to States or other non-Federal entities under
    titles I, IV-D, X, XI, XIV, and XVI of the Social Security Act and the
    Act of July 5, 1960 (24 U.S.C. chapter 9), $2,949,713,000, to remain
    available until expended; and for such purposes for the first quarter
    of fiscal year 2009, $1,000,000,000, to remain available until
    expended.
        For making payments to each State for carrying out the program of
    Aid to Families with Dependent Children under title IV-A of the Social
    Security Act before the effective date of the program of Temporary
    Assistance for Needy Families (TANF) with respect to such State, such
    sums as may be necessary: Provided, That the sum of the amounts
    available to a State with respect to expenditures under such title IV-A
    in fiscal year 1997 under this appropriation and under such title IV-A
    as amended by the Personal Responsibility and Work Opportunity
    Reconciliation Act of 1996 shall not exceed the limitations under
    section 116(b) of such Act.
        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
    and XVI of the Social Security Act and the Act of July 5, 1960 (24
    U.S.C. chapter 9), for the last 3 months of the current fiscal year for
    unanticipated costs, incurred for the current fiscal year, such sums as
    may be necessary.

                       low-income home energy assistance

        For making payments under section 2604(a)-(d) of the Low-Income
    Home Energy Assistance Act of 1981 (42 U.S.C. 8623(a)-(d)),
    $2,015,206,000.
        For making payments under section 2604(e) of the Low-Income Home
    Energy Assistance Act of 1981 (42 U.S.C. 8623(e)), $596,379,000,
    notwithstanding the designation requirement of section 2602(e) of such
    Act: Provided, That of the amount provided by this paragraph,
    $250,000,000 is designated as described in section 5 (in the matter
    preceding division A of this consolidated Act).

                         refugee and entrant assistance

        For necessary expenses for refugee and entrant assistance
    activities and for costs associated with the care and placement of
    unaccompanied alien children authorized by title IV of the Immigration
    and Nationality Act and section 501 of the Refugee Education Assistance
    Act of 1980, for carrying out section 462 of the Homeland Security Act
    of 2002, and for carrying out the Torture Victims Relief Act of 1998,
    $667,288,000, of which up to $9,988,000 shall be available to carry out
    the Trafficking Victims Protection Act of 2000: Provided, That funds
    appropriated under this heading pursuant to section 414(a) of the
    Immigration and Nationality Act and section 462 of the Homeland
    Security Act of 2002 for fiscal year 2008 shall be available for the
    costs of assistance provided and other activities to remain available
    through September 30, 2010.

       payments to states for the child care and development block grant

        For carrying out the Child Care and Development Block Grant Act of
    1990, $2,098,746,000 shall be used to supplement, not supplant State
    general revenue funds for child care assistance for low-income
    families: Provided, That $18,777,370 shall be available for child care
    resource and referral and school-aged child care activities, of which
    $982,080 shall be for the Child Care Aware toll-free hotline: Provided
    further, That, in addition to the amounts required to be reserved by
    the States under section 658G, $267,785,718 shall be reserved by the
    States for activities authorized under section 658G, of which
    $98,208,000 shall be for activities that improve the quality of infant
    and toddler care: Provided further, That $9,821,000 shall be for use by
    the Secretary for child care research, demonstration, and evaluation
    activities.

                          social services block grant

        For making grants to States pursuant to section 2002 of the Social
    Security Act, $1,700,000,000: Provided, That notwithstanding
    subparagraph (B) of section 404(d)(2) of such Act, the applicable
    percent specified under such subparagraph for a State to carry out
    State programs pursuant to title XX of such Act shall be 10 percent.

                    children and families services programs

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Developmental Disabilities Assistance and Bill
    of Rights Act, the Head Start Act, the Child Abuse Prevention and
    Treatment Act, sections 310 and 316 of the Family Violence Prevention
    and Services Act, the Native American Programs Act of 1974, title II of
    the Child Abuse Prevention and Treatment and Adoption Reform Act of
    1978 (adoption opportunities), sections 330F and 330G of the Public
    Health Service Act, the Abandoned Infants Assistance Act of 1988,
    sections 261 and 291 of the Help America Vote Act of 2002, part B(1) of
    title IV and sections 413, 1110, and 1115 of the Social Security Act;
    for making payments under the Community Services Block Grant Act,
    sections 439(i), 473B, and 477(i) of the Social Security Act, and the
    Assets for Independence Act, and for necessary administrative expenses
    to carry out such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of
    the Social Security Act, the Act of July 5, 1960 (24 U.S.C. chapter 9),
    the Low-Income Home Energy Assistance Act of 1981, title IV of the
    Immigration and Nationality Act, section 501 of the Refugee Education
    Assistance Act of 1980, and section 505 of the Family Support Act of
    1988, $9,129,990,000, of which $4,400,000, to remain available until
    September 30, 2009, shall be for grants to States for adoption
    incentive payments, as authorized by section 473A of the Social
    Security Act and may be made for adoptions completed before September
    30, 2008: Provided, That $7,000,270,000 shall be for making payments
    under the Head Start Act, of which $1,388,800,000 shall become
    available October 1, 2008, and remain available through September 30,
    2009: Provided further, That $705,451,000 shall be for making payments
    under the Community Services Block Grant Act: Provided further, That
    not less than $8,000,000 shall be for section 680(3)(B) of the
    Community Services Block Grant Act: Provided further, That in addition
    to amounts provided herein, $6,000,000 shall be available from amounts
    available under section 241 of the Public Health Service Act to carry
    out the provisions of section 1110 of the Social Security Act: Provided
    further, That to the extent Community Services Block Grant funds are
    distributed as grant funds by a State to an eligible entity as provided
    under the Act, and have not been expended by such entity, they shall
    remain with such entity for carryover into the next fiscal year for
    expenditure by such entity consistent with program purposes: Provided
    further, That the Secretary of Health and Human Services shall
    establish procedures regarding the disposition of intangible property
    which permits grant funds, or intangible assets acquired with funds
    authorized under section 680 of the Community Services Block Grant Act
    to become the sole property of such grantees after a period of not more
    than 12 years after the end of the grant for purposes and uses
    consistent with the original grant: Provided further, That funds
    appropriated for section 680(a)(2) of the Community Services Block
    Grant Act shall be available for financing construction and
    rehabilitation and loans or investments in private business enterprises
    owned by community development corporations: Provided further, That
    $53,625,000 is for a compassion capital fund to provide grants to
    charitable organizations to emulate model social service programs and
    to encourage research on the best practices of social service
    organizations: Provided further, That $17,720,000 shall be for
    activities authorized by the Help America Vote Act of 2002, of which
    $12,370,000 shall be for payments to States to promote access for
    voters with disabilities, and of which $5,350,000 shall be for payments
    to States for protection and advocacy systems for voters with
    disabilities: Provided further, That $110,836,000 shall be for making
    competitive grants to provide abstinence education (as defined by
    section 510(b)(2) of the Social Security Act) to adolescents, and for
    Federal costs of administering the grant: Provided further, That grants
    under the immediately preceding proviso shall be made only to public
    and private entities which agree that, with respect to an adolescent to
    whom the entities provide abstinence education under such grant, the
    entities will not provide to that adolescent any other education
    regarding sexual conduct, except that, in the case of an entity
    expressly required by law to provide health information or services the
    adolescent shall not be precluded from seeking health information or
    services from the entity in a different setting than the setting in
    which abstinence education was provided: Provided further, That within
    amounts provided herein for abstinence education for adolescents, up to
    $10,000,000 may be available for a national abstinence education
    campaign: Provided further, That in addition to amounts provided herein
    for abstinence education for adolescents, $4,500,000 shall be available
    from amounts available under section 241 of the Public Health Service
    Act to carry out evaluations (including longitudinal evaluations) of
    adolescent pregnancy prevention approaches: Provided further, That up
    to $2,000,000 shall be for improving the Public Assistance Reporting
    Information System, including grants to States to support data
    collection for a study of the system's effectiveness: Provided further,
    That $17,301,000 shall be available for the projects and in the amounts
    specified in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

                       promoting safe and stable families

        For carrying out section 436 of the Social Security Act,
    $345,000,000 and section 437, $64,437,000.

           payments to states for foster care and adoption assistance

        For making payments to States or other non-Federal entities under
    title IV-E of the Social Security Act, $5,067,000,000.
        For making payments to States or other non-Federal entities under
    title IV-E of the Act, for the first quarter of fiscal year 2009,
    $1,776,000,000.
        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under section 474 of title IV-E,
    for the last 3 months of the current fiscal year for unanticipated
    costs, incurred for the current fiscal year, such sums as may be
    necessary.

                            Administration on Aging

                            aging services programs

        For carrying out, to the extent not otherwise provided, the Older
    Americans Act of 1965 and section 398 of the Public Health Service Act,
    $1,438,567,000, of which $5,500,000 shall be available for activities
    regarding medication management, screening, and education to prevent
    incorrect medication and adverse drug reactions: Provided, That
    $6,431,000 shall be available for the projects and in the amounts
    specified in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act).

                            Office of the Secretary

                        general departmental management

                         (including transfer of funds)

        For necessary expenses, not otherwise provided, for general
    departmental management, including hire of six sedans, and for carrying
    out titles III, XVII, XX, and XXI of the Public Health Service Act, the
    United States-Mexico Border Health Commission Act, and research studies
    under section 1110 of the Social Security Act, $355,518,000, together
    with $5,792,000 to be transferred and expended as authorized by section
    201(g)(1) of the Social Security Act from the Hospital Insurance Trust
    Fund and the Supplemental Medical Insurance Trust Fund, and $46,756,000
    from the amounts available under section 241 of the Public Health
    Service Act to carry out national health or human services research and
    evaluation activities: Provided, That of the funds made available under
    this heading for carrying out title XX of the Public Health Service
    Act, $13,120,000 shall be for activities specified under section
    2003(b)(2), all of which shall be for prevention service demonstration
    grants under section 510(b)(2) of title V of the Social Security Act,
    as amended, without application of the limitation of section 2010(c) of
    said title XX: Provided further, That of this amount, $51,891,000 shall
    be for minority AIDS prevention and treatment activities; and
    $5,892,000 shall be to assist Afghanistan in the development of
    maternal and child health clinics, consistent with section 103(a)(4)(H)
    of the Afghanistan Freedom Support Act of 2002; and $1,000,000 shall be
    transferred, not later than 30 days after enactment of this Act, to the
    National Institute of Mental Health to administer the Interagency
    Autism Coordinating Committee: Provided further, That specific
    information requests from the chairmen and ranking members of the
    Subcommittees on Labor, Health and Human Services, and Education, and
    Related Agencies, on scientific research or any other matter, shall be
    transmitted to the Committees on Appropriations in a prompt,
    professional manner and within the time frame specified in the request:
    Provided further, That scientific information, including such
    information provided in congressional testimony, requested by the
    Committees on Appropriations and prepared by government researchers and
    scientists shall be transmitted to the Committees on Appropriations,
    uncensored and without delay: Provided further, That funds provided in
    this Act for embryo adoption activities may be used to provide, to
    individuals adopting embryos, through grants and other mechanisms,
    medical and administrative services deemed necessary for such
    adoptions: Provided further, That such services shall be provided
    consistent with 42 CFR 59.5(a)(4): Provided further, That $4,138,000
    shall be available for the projects and in the amounts specified in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act).

                    office of medicare hearings and appeals

        For expenses necessary for administrative law judges responsible
    for hearing cases under title XVIII of the Social Security Act (and
    related provisions of title XI of such Act), $65,000,000, to be
    transferred in appropriate part from the Federal Hospital Insurance and
    the Federal Supplementary Medical Insurance Trust Funds.

      office of the national coordinator for health information technology

        For expenses necessary for the Office of the National Coordinator
    for Health Information Technology, including grants, contracts and
    cooperative agreements for the development and advancement of an
    interoperable national health information technology infrastructure,
    $42,402,000: Provided, That in addition to amounts provided herein,
    $18,900,000 shall be available from amounts available under section 241
    of the Public Health Service Act to carry out health information
    technology network development.

                          office of inspector general

        For expenses necessary for the Office of Inspector General,
    including the hire of passenger motor vehicles for investigations, in
    carrying out the provisions of the Inspector General Act of 1978,
    $44,000,000: Provided, That of such amount, necessary sums are
    available for providing protective services to the Secretary and
    investigating non-payment of child support cases for which non-payment
    is a Federal offense under 18 U.S.C. 228.

                            office for civil rights

        For expenses necessary for the Office for Civil Rights,
    $31,628,000, together with not to exceed $3,281,000 to be transferred
    and expended as authorized by section 201(g)(1) of the Social Security
    Act from the Hospital Insurance Trust Fund and the Supplemental Medical
    Insurance Trust Fund.

         retirement pay and medical benefits for commissioned officers

        For retirement pay and medical benefits of Public Health Service
    Commissioned Officers as authorized by law, for payments under the
    Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
    for medical care of dependents and retired personnel under the
    Dependents' Medical Care Act (10 U.S.C. chapter 55), such amounts as
    may be required during the current fiscal year.

                public health and social services emergency fund

        For expenses necessary to support activities related to countering
    potential biological, disease, nuclear, radiological and chemical
    threats to civilian populations, and for other public health
    emergencies, $666,087,000, of which not to exceed $21,804,000, to
    remain available until September 30, 2009, is to pay the costs
    described in section 319F-2(c)(7)(B) of the Public Health Service Act,
    and of which $103,921,000 shall be used to support advanced research
    and development of medical countermeasures, consistent with section
    319L of the Public Health Service Act.
        For expenses necessary to prepare for and respond to an influenza
    pandemic, $76,139,000.

                               General Provisions

        Sec. 201. Funds appropriated in this title shall be available for
    not to exceed $50,000 for official reception and representation
    expenses when specifically approved by the Secretary of Health and
    Human Services.
        Sec. 202. The Secretary shall make available through assignment not
    more than 60 employees of the Public Health Service to assist in child
    survival activities and to work in AIDS programs through and with funds
    provided by the Agency for International Development, the United
    Nations International Children's Emergency Fund or the World Health
    Organization.
        Sec. 203. None of the funds appropriated in this Act for the
    National Institutes of Health, the Agency for Healthcare Research and
    Quality, and the Substance Abuse and Mental Health Services
    Administration shall be used to pay the salary of an individual,
    through a grant or other extramural mechanism, at a rate in excess of
    Executive Level I.
        Sec. 204. None of the funds appropriated in this title for Head
    Start shall be used to pay the compensation of an individual, either as
    direct costs or any proration as an indirect cost, at a rate in excess
    of Executive Level II.
        Sec. 205. None of the funds appropriated in this Act may be
    expended pursuant to section 241 of the Public Health Service Act,
    except for funds specifically provided for in this Act, or for other
    taps and assessments made by any office located in the Department of
    Health and Human Services, prior to the preparation and submission of a
    report by the Secretary of Health and Human Services to the Committees
    on Appropriations of the House of Representatives and the Senate
    detailing the planned uses of such funds.
        Sec. 206. Notwithstanding section 241(a) of the Public Health
    Service Act, such portion as the Secretary of Health and Human Services
    shall determine, but not more than 2.4 percent, of any amounts
    appropriated for programs authorized under such Act shall be made
    available for the evaluation (directly, or by grants or contracts) of
    the implementation and effectiveness of such programs.

                              (transfer of funds)

        Sec. 207. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Health and Human Services in this Act may be transferred
    between a program, project, or activity, but no such program, project,
    or activity shall be increased by more than 3 percent by any such
    transfer: Provided, That the transfer authority granted by this section
    shall be available only to meet emergency needs and shall not be used
    to create any new program or to fund any project or activity for which
    no funds are provided in this Act: Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer.

                              (transfer of funds)

        Sec. 208. The Director of the National Institutes of Health,
    jointly with the Director of the Office of AIDS Research, may transfer
    up to 3 percent among institutes and centers from the total amounts
    identified by these two Directors as funding for research pertaining to
    the human immunodeficiency virus: Provided, That the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.

                              (transfer of funds)

        Sec. 209. Of the amounts made available in this Act for the
    National Institutes of Health, the amount for research related to the
    human immunodeficiency virus, as jointly determined by the Director of
    the National Institutes of Health and the Director of the Office of
    AIDS Research, shall be made available to the ``Office of AIDS
    Research'' account. The Director of the Office of AIDS Research shall
    transfer from such account amounts necessary to carry out section
    2353(d)(3) of the Public Health Service Act.
        Sec. 210. None of the funds appropriated in this Act may be made
    available to any entity under title X of the Public Health Service Act
    unless the applicant for the award certifies to the Secretary that it
    encourages family participation in the decision of minors to seek
    family planning services and that it provides counseling to minors on
    how to resist attempts to coerce minors into engaging in sexual
    activities.
        Sec. 211. Notwithstanding any other provision of law, no provider
    of services under title X of the Public Health Service Act shall be
    exempt from any State law requiring notification or the reporting of
    child abuse, child molestation, sexual abuse, rape, or incest.
        Sec. 212. None of the funds appropriated by this Act (including
    funds appropriated to any trust fund) may be used to carry out the
    Medicare Advantage program if the Secretary of Health and Human
    Services denies participation in such program to an otherwise eligible
    entity (including a Provider Sponsored Organization) because the entity
    informs the Secretary that it will not provide, pay for, provide
    coverage of, or provide referrals for abortions: Provided, That the
    Secretary shall make appropriate prospective adjustments to the
    capitation payment to such an entity (based on an actuarially sound
    estimate of the expected costs of providing the service to such
    entity's enrollees): Provided further, That nothing in this section
    shall be construed to change the Medicare program's coverage for such
    services and a Medicare Advantage organization described in this
    section shall be responsible for informing enrollees where to obtain
    information about all Medicare covered services.
        Sec. 213. (a) Except as provided by subsection (e) none of the
    funds appropriated by this Act may be used to withhold substance abuse
    funding from a State pursuant to section 1926 of the Public Health
    Service Act (42 U.S.C. 300x-26) if such State certifies to the
    Secretary of Health and Human Services by May 1, 2008, that the State
    will commit additional State funds, in accordance with subsection (b),
    to ensure compliance with State laws prohibiting the sale of tobacco
    products to individuals under 18 years of age.
        (b) The amount of funds to be committed by a State under subsection
    (a) shall be equal to 1 percent of such State's substance abuse block
    grant allocation for each percentage point by which the State misses
    the retailer compliance rate goal established by the Secretary of
    Health and Human Services under section 1926 of such Act.
        (c) The State is to maintain State expenditures in fiscal year 2008
    for tobacco prevention programs and for compliance activities at a
    level that is not less than the level of such expenditures maintained
    by the State for fiscal year 2007, and adding to that level the
    additional funds for tobacco compliance activities required under
    subsection (a). The State is to submit a report to the Secretary on all
    fiscal year 2007 State expenditures and all fiscal year 2008
    obligations for tobacco prevention and compliance activities by program
    activity by July 31, 2008.
        (d) The Secretary shall exercise discretion in enforcing the timing
    of the State obligation of the additional funds required by the
    certification described in subsection (a) as late as July 31, 2008.
        (e) None of the funds appropriated by this Act may be used to
    withhold substance abuse funding pursuant to section 1926 of the Public
    Health Service Act from a territory that receives less than $1,000,000.
        Sec. 214. In order for the Centers for Disease Control and
    Prevention to carry out international health activities, including HIV/
    AIDS and other infectious disease, chronic and environmental disease,
    and other health activities abroad during fiscal year 2008:
                (1) The Secretary of Health and Human Services (in this
            section referred to as the ``Secretary of HHS'') may exercise
            authority equivalent to that available to the Secretary of
            State in section 2(c) of the State Department Basic Authorities
            Act of 1956 (22 U.S.C. 2669(c)). The Secretary of HHS shall
            consult with the Secretary of State and relevant Chief of
            Mission to ensure that the authority provided in this section
            is exercised in a manner consistent with section 207 of the
            Foreign Service Act of 1980 (22 U.S.C. 3927) and other
            applicable statutes administered by the Department of State.
                (2) The Secretary of HHS is authorized to provide such
            funds by advance or reimbursement to the Secretary of State as
            may be necessary to pay the costs of acquisition, lease,
            alteration, renovation, and management of facilities outside of
            the United States for the use of the Department of Health and
            Human Services. The Department of State shall cooperate fully
            with the Secretary of HHS to ensure that the Department of
            Health and Human Services has secure, safe, functional
            facilities that comply with applicable regulation governing
            location, setback, and other facilities requirements and serve
            the purposes established by this Act. The Secretary of HHS is
            authorized, in consultation with the Secretary of State,
            through grant or cooperative agreement, to make available to
            public or nonprofit private institutions or agencies in
            participating foreign countries, funds to acquire, lease,
            alter, or renovate facilities in those countries as necessary
            to conduct programs of assistance for international health
            activities, including activities relating to HIV/AIDS and other
            infectious diseases, chronic and environmental diseases, and
            other health activities abroad.
        Sec. 215. (a) Authority.--Notwithstanding any other provision of
    law, the Director of the National Institutes of Health (in this section
    referred to as the ``Director of NIH'') may use funds available under
    section 402(b)(7) or 402(b)(12) of the Public Health Service Act to
    enter into transactions (other than contracts, cooperative agreements,
    or grants) to carry out research identified pursuant to such section
    402(b)(7) (pertaining to the Common Fund) or research and activities
    described in such section 402(b)(12).
        (b) Peer Review.--In entering into transactions under subsection
    (a), the Director of the NIH may utilize such peer review procedures
    (including consultation with appropriate scientific experts) as the
    Director determines to be appropriate to obtain assessments of
    scientific and technical merit. Such procedures shall apply to such
    transactions in lieu of the peer review and advisory council review
    procedures that would otherwise be required under sections 301(a)(3),
    405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the Public
    Health Service Act.
        Sec. 216. Funds which are available for Individual Learning
    Accounts for employees of the Centers for Disease Control and
    Prevention (``CDC'') and the Agency for Toxic Substances and Disease
    Registry (``ATSDR)'' may be transferred to ``Disease Control, Research,
    and Training'', to be available only for Individual Learning Accounts:
    Provided, That such funds may be used for any individual full-time
    equivalent employee while such employee is employed either by CDC or
    ATSDR.
        Sec. 217. Notwithstanding any other provisions of law, funds made
    available in this Act may be used to continue operating the Council on
    Graduate Medical Education established by section 301 of Public Law
    102-408.
        Sec. 218. The Director of the National Institutes of Health shall
    require that all investigators funded by the NIH submit or have
    submitted for them to the National Library of Medicine's PubMed Central
    an electronic version of their final, peer-reviewed manuscripts upon
    acceptance for publication, to be made publicly available no later than
    12 months after the official date of publication: Provided, That the
    NIH shall implement the public access policy in a manner consistent
    with copyright law.
        Sec. 219. (a) The Secretary of Health and Human Services is
    authorized to award a grant to the Delta Health Alliance, a nonprofit
    alliance of academic institutions in the Mississippi Delta region that
    has as its primary purposes addressing longstanding, unmet health needs
    and catalyzing economic development in the Mississippi Delta.
        (b) To be eligible to receive a grant under subsection (a), the
    Delta Health Alliance shall solicit and fund proposals from local
    governments, hospitals, health care clinics, academic institutions, and
    rural public health-related entities and organizations for research
    development, educational programs, health care services, job training,
    and planning, construction, and equipment of public health-related
    facilities in the Mississippi Delta region.
        (c) With respect to the use of grant funds under this section for
    construction or major alteration of property, the Federal interest in
    the property involved shall last for a period of 1 year following the
    completion of the project or until such time that the Federal
    Government is compensated for its proportionate interest in the
    property if the property use changes or the property is transferred or
    sold, whichever time period is less. At the conclusion of such period,
    the Notice of Federal Interest in such property shall be removed.
        (d) There are authorized to be appropriated such sums as may be
    necessary to carry out this section in fiscal year 2008 and in each of
    the five succeeding fiscal years.
        Sec. 220. Not to exceed $35,000,000 of funds appropriated by this
    Act to the institutes and centers of the National Institutes of Health
    may be used for alteration, repair, or improvement of facilities, as
    necessary for the proper and efficient conduct of the activities
    authorized herein, at not to exceed $2,500,000 per project.

                              (transfer of funds)

        Sec. 221. Of the amounts made available in this Act for the
    National Institutes of Health, 1 percent of the amount made available
    for National Research Service Awards (NRSA) shall be made available to
    the Administrator of the Health Resources and Services Administration
    to make NRSA awards for research in primary medical care to individuals
    affiliated with entities who have received grants or contracts under
    section 747 of the Public Health Service Act, and 1 percent of the
    amount made available for NRSA shall be made available to the Director
    of the Agency for Healthcare Research and Quality to make NRSA awards
    for health service research.
        Sec. 222. None of the funds made available in this Act may be
    used--
                (1) for the Ombudsman Program of the Centers for Disease
            Control and Prevention; and
                (2) by the Centers for Disease Control and Prevention to
            provide additional rotating pastel lights, zero-gravity chairs,
            or dry-heat saunas for its fitness center.
        Sec. 223. There is hereby established in the Treasury of the United
    States a fund to be known as the ``Nonrecurring expenses fund'' (the
    Fund): Provided, That unobligated balances of expired discretionary
    funds appropriated for this or any succeeding fiscal year from the
    General Fund of the Treasury to the Department of Health and Human
    Services by this or any other Act may be transferred (not later than
    the end of the fifth fiscal year after the last fiscal year for which
    such funds are available for the purposes for which appropriated) into
    the Fund: Provided further, That amounts deposited in the Fund shall be
    available until expended, and in addition to such other funds as may be
    available for such purposes, for capital acquisition necessary for the
    operation of the Department, including facilities infrastructure and
    information technology infrastructure, subject to approval by the
    Office of Management and Budget: Provided further, That amounts in the
    Fund may be obligated only after the Committees on Appropriations of
    the House of Representatives and the Senate are notified at least 15
    days in advance of the planned use of funds.

                             (rescission of funds)

        Sec. 224. Of the funds available within the Health Professions
    Student Loan program authorized in subpart II, Federally-Supported
    Student Loan Funds, of title VII of the Public Health Service Act,
    $15,000,000 are rescinded.
        Sec. 225. (a) Continuation of Availability of Permitted Number of
    Medical Residency Positions Under the Medicare Program.--Section
    1886(h)(4)(H) of the Social Security Act (42 U.S.C. Section
    1395ww(h)(4)(H)) is amended by adding at the end the following:
                                ``(v) Special provider agreement.--If an
                            entity enters into a provider agreement
                            pursuant to section 1866(a) to provide hospital
                            services on the same physical site previously
                            used by Medicare Provider No. 05-0578--
                                        ``(I) the limitation on the number
                                    of total full time equivalent residents
                                    under subparagraph (F) and clauses (v)
                                    and (vi)(I) of subsection (d)(5)(B)
                                    applicable to such provider shall be
                                    equal to the limitation applicable
                                    under such provisions to Provider No.
                                    05-0578 for its cost reporting period
                                    ending on June 30, 2006; and
                                        ``(II) the provisions of
                                    subparagraph (G) and subsection
                                    (d)(5)(B)(vi)(II) shall not be
                                    applicable to such provider for the
                                    first three cost reporting years in
                                    which such provider trains residents
                                    under any approved medical residency
                                    training program.''.
        (b) Technical Correction of Section 422 of MMA.--
                (1) In general.--Section 1886(h)(7) of the Social Security
            Act (42 U.S.C. 1395ww(h)(7)) is amended--
                        (A) by redesignating subparagraph (D) as
                    subparagraph (E); and
                        (B) by inserting after subparagraph (C) the
                    following new subparagraph:
                        ``(D) Adjustment based on settled cost report.--In
                    the case of a hospital with a dual accredited
                    osteopathic and allopathic family practice program for
                    which--
                                ``(i) the otherwise applicable resident
                            limit was reduced under subparagraph (A)(i)(I);
                            and
                                ``(ii) such reduction was based on a
                            reference resident level that was determined
                            using a cost report and where a revised or
                            corrected notice of program reimbursement was
                            issued for such cost report between September
                            1, 2006 and September 15, 2006, whether as a
                            result of an appeal or otherwise, and the
                            reference resident level under such settled
                            cost report is higher than the level used for
                            the reduction under subparagraph (A)(i)(I);
                    the Secretary shall apply subparagraph (A)(i)(I) using
                    the higher resident reference level and make any
                    necessary adjustments to such reduction. Any such
                    necessary adjustments shall be effective for portions
                    of cost reporting periods occurring on or after July 1,
                    2005.''.
                (2) Effective date.--Subject to paragraph (3), the
            amendments made by paragraph (1) shall take effect as if
            included in the enactment of section 422 of the Medicare
            Prescription Drug, Improvement, and Modernization Act of 2003
            (Public Law 108-173).
        (c)  Offsetting Costs.--
                (1) In general.--The amount of funds available to the
            Physician Assistance and Quality Initiative Fund for
            expenditures--
                        (A) under the first sentence of section
                    1848(l)(2)(A) of the Social Security Act (42 U.S.C.
                    1395w-4(l)(2)(A)) is reduced by $500,000; and
                        (B) under the first amount in the second sentence
                    of such section is reduced by $24,500,000.
                (2) Conforming amendments.--Section 1848(l)(2)(A) of the
            Social Security Act (42 U.S.C. 1395w-4(l)(2)(A)) is amended--
                        (A) in the first sentence, by inserting after
                    ``$1,350,000,000'' the following: ``, as reduced by
                    section 524 and section 225(c)(1)(A) of the Departments
                    of Labor, Health and Human Services, and Education, and
                    Related Agencies Appropriations Act, 2008 (division G
                    of the Consolidated Appropriations Act, 2008)''; and
                        (B) in the second sentence, by inserting after
                    ``$325,000,000'' the following: ``, as reduced by
                    section 225(c)(1)(B) of such Act,''.
        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2008''.

                                   TITLE III

                            DEPARTMENT OF EDUCATION

                        Education for the Disadvantaged

        For carrying out title I of the Elementary and Secondary Education
    Act of 1965 (``ESEA'') and section 418A of the Higher Education Act of
    1965, $15,755,083,000, of which $7,639,035,000 shall become available
    on July 1, 2008, and shall remain available through September 30, 2009,
    and of which $7,934,756,000 shall become available on October 1, 2008,
    and shall remain available through September 30, 2009, for academic
    year 2008-2009: Provided, That $6,835,271,000 shall be for basic grants
    under section 1124: Provided further, That up to $4,000,000 of these
    funds shall be available to the Secretary of Education on October 1,
    2007, to obtain annually updated local educational-agency-level census
    poverty data from the Bureau of the Census: Provided further, That
    $1,365,031,000 shall be for concentration grants under section 1124A:
    Provided further, That $2,967,949,000 shall be for targeted grants
    under section 1125: Provided further, That $2,967,949,000 shall be for
    education finance incentive grants under section 1125A: Provided
    further, That $9,330,000 shall be to carry out sections 1501 and 1503:
    Provided further, That $1,634,000 shall be available for a
    comprehensive school reform clearinghouse.

                                   Impact Aid

        For carrying out programs of financial assistance to federally
    affected schools authorized by title VIII of the Elementary and
    Secondary Education Act of 1965, $1,262,778,000, of which
    $1,125,192,000 shall be for basic support payments under section
    8003(b), $49,466,000 shall be for payments for children with
    disabilities under section 8003(d), $17,820,000 shall be for
    construction under section 8007(b) and shall remain available through
    September 30, 2009, $65,350,000 shall be for Federal property payments
    under section 8002, and $4,950,000, to remain available until expended,
    shall be for facilities maintenance under section 8008: Provided, That
    for purposes of computing the amount of a payment for an eligible local
    educational agency under section 8003(a) for school year 2007-2008,
    children enrolled in a school of such agency that would otherwise be
    eligible for payment under section 8003(a)(1)(B) of such Act, but due
    to the deployment of both parents or legal guardians, or a parent or
    legal guardian having sole custody of such children, or due to the
    death of a military parent or legal guardian while on active duty (so
    long as such children reside on Federal property as described in
    section 8003(a)(1)(B)), are no longer eligible under such section,
    shall be considered as eligible students under such section, provided
    such students remain in average daily attendance at a school in the
    same local educational agency they attended prior to their change in
    eligibility status.

                          School Improvement Programs

        For carrying out school improvement activities authorized by title
    II, part B of title IV, subparts 6 and 9 of part D of title V, parts A
    and B of title VI, and parts B and C of title VII of the Elementary and
    Secondary Education Act of 1965 (``ESEA''); the McKinney-Vento Homeless
    Assistance Act; section 203 of the Educational Technical Assistance Act
    of 2002; the Compact of Free Association Amendments Act of 2003; and
    the Civil Rights Act of 1964, $5,383,119,000, of which $3,763,355,000
    shall become available on July 1, 2008, and remain available through
    September 30, 2009, and of which $1,435,000,000 shall become available
    on October 1, 2008, and shall remain available through September 30,
    2009, for academic year 2008-2009: Provided, That funds made available
    to carry out part B of title VII of the ESEA may be used for
    construction, renovation and modernization of any elementary school,
    secondary school, or structure related to an elementary school or
    secondary school, run by the Department of Education of the State of
    Hawaii, that serves a predominantly Native Hawaiian student body:
    Provided further, That from the funds referred to in the preceding
    proviso, not less than $1,250,000 shall be for a grant to the
    Department of Education of the State of Hawaii for the activities
    described in such proviso, and $1,250,000 shall be for a grant to the
    University of Hawaii School of Law for a Center of Excellence in Native
    Hawaiian law: Provided further, That funds made available to carry out
    part C of title VII of the ESEA may be used for construction: Provided
    further, That up to 100 percent of the funds available to a State
    educational agency under part D of title II of the ESEA may be used for
    subgrants described in section 2412(a)(2)(B) of such Act: Provided
    further, That $58,129,000 shall be available to carry out section 203
    of the Educational Technical Assistance Act of 2002: Provided further,
    That $33,707,000 shall be available to carry out part D of title V of
    the ESEA: Provided further, That no funds appropriated under this
    heading may be used to carry out section 5494 under the ESEA: Provided
    further, That $18,001,000 shall be available to carry out the
    Supplemental Education Grants program for the Federated States of
    Micronesia and the Republic of the Marshall Islands: Provided further,
    That up to 5 percent of these amounts may be reserved by the Federated
    States of Micronesia and the Republic of the Marshall Islands to
    administer the Supplemental Education Grants programs and to obtain
    technical assistance, oversight and consultancy services in the
    administration of these grants and to reimburse the United States
    Departments of Labor, Health and Human Services, and Education for such
    services: Provided further, That $2,400,000 of the funds available for
    the Foreign Language Assistance Program shall be available for 5-year
    grants to local educational agencies that would work in partnership
    with one or more institutions of higher education to establish or
    expand articulated programs of study in languages critical to United
    States national security that will enable successful students to
    advance from elementary school through college to achieve a superior
    level of proficiency in those languages.

                                Indian Education

        For expenses necessary to carry out, to the extent not otherwise
    provided, title VII, part A of the Elementary and Secondary Education
    Act of 1965, $121,690,000.

                           Innovation and Improvement

        For carrying out activities authorized by part G of title I,
    subpart 5 of part A and parts C and D of title II, parts B, C, and D of
    title V, and section 1504 of the Elementary and Secondary Education Act
    of 1965 (``ESEA''), $1,003,040,000: Provided, That $9,821,000 shall be
    provided to the National Board for Professional Teaching Standards to
    carry out section 2151(c) of the ESEA: Provided further, That from
    funds for subpart 4, part C of title II, up to 3 percent shall be
    available to the Secretary for technical assistance and dissemination
    of information: Provided further, That $357,059,000 shall be available
    to carry out part D of title V of the ESEA: Provided further, That
    $100,573,000 of the funds for subpart 1, part D of title V of the ESEA
    shall be available for the projects and in the amounts specified in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act): Provided further, That
    $99,000,000 of the funds for subpart 1 shall be for competitive grants
    to local educational agencies, including charter schools that are local
    educational agencies, or States, or partnerships of: (1) a local
    educational agency, a State, or both; and (2) at least one non-profit
    organization to develop and implement performance-based teacher and
    principal compensation systems in high-need schools: Provided further,
    That such performance-based compensation systems must consider gains in
    student academic achievement as well as classroom evaluations conducted
    multiple times during each school year among other factors and provide
    educators with incentives to take on additional responsibilities and
    leadership roles: Provided further, That up to 5 percent of such funds
    for competitive grants shall be available for technical assistance,
    training, peer review of applications, program outreach and evaluation
    activities: Provided further, That of the funds available for part B of
    title V, the Secretary shall use up to $24,783,000 to carry out
    activities under section 5205(b) and under subpart 2, and shall use not
    less than $190,000,000 to carry out other activities authorized under
    subpart 1.

                     Safe Schools and Citizenship Education

        For carrying out activities authorized by subpart 3 of part C of
    title II, part A of title IV, and subparts 2, 3, and 10 of part D of
    title V of the Elementary and Secondary Education Act of 1965
    (``ESEA''), $705,733,000, of which $300,000,000 shall become available
    on July 1, 2008, and remain available through September 30, 2009:
    Provided, That $300,000,000 shall be available for subpart 1 of part A
    of title IV and $222,519,000 shall be available for subpart 2 of part A
    of title IV, of which not less than $1,500,000, to remain available
    until expended, shall be for the Project School Emergency Response to
    Violence (``Project SERV'') program to provide education-related
    services to local educational agencies and to institutions of higher
    education in which the learning environment has been disrupted due to a
    violent or traumatic crisis: Provided further, That Project SERV funds
    appropriated in previous fiscal years may be used to provide services
    to local educational agencies and to institutions of higher education
    in which the learning environment has been disrupted due to a violent
    or traumatic crisis: Provided further, That $150,729,000 shall be
    available to carry out part D of title V of the ESEA: Provided further,
    That of the funds available to carry out subpart 3 of part C of title
    II, up to $12,072,000 may be used to carry out section 2345 and
    $2,950,000 shall be used by the Center for Civic Education to implement
    a comprehensive program to improve public knowledge, understanding, and
    support of the Congress and the State legislatures.

                          English Language Acquisition

        For carrying out part A of title III of the Elementary and
    Secondary Education Act of 1965, $712,848,000, which shall become
    available on July 1, 2008, and shall remain available through September
    30, 2009, except that 6.5 percent of such amount shall be available on
    October 1, 2007, and shall remain available through September 30, 2009,
    to carry out activities under section 3111(c)(1)(C).

                               Special Education

        For carrying out the Individuals with Disabilities Education Act
    (``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
    $12,181,473,000, of which $5,084,406,000 shall become available on July
    1, 2008, and shall remain available through September 30, 2009, and of
    which $6,856,444,000 shall become available on October 1, 2008, and
    shall remain available through September 30, 2009, for academic year
    2008-2009: Provided, That $13,000,000 shall be for Recording for the
    Blind and Dyslexic, Inc., to support activities under section
    674(c)(1)(D) of the IDEA: Provided further, That $1,500,000 shall be
    for the recipient of funds provided by Public Law 105-78 under section
    687(b)(2)(G) of the IDEA (as in effect prior to the enactment of the
    Individuals with Disabilities Education Improvement Act of 2004) to
    provide information on diagnosis, intervention, and teaching strategies
    for children with disabilities: Provided further, That the amount for
    section 611(b)(2) of the IDEA shall be equal to the lesser of the
    amount available for that activity during fiscal year 2007, increased
    by the amount of inflation as specified in section 619(d)(2)(B) of the
    IDEA, or the percentage increase in the funds appropriated under
    section 611(i) of the IDEA: Provided further, That nothing in section
    674(e) of the IDEA shall be construed to establish a private right of
    action against the National Instructional Materials Access Center for
    failure to perform the duties of such center or otherwise authorize a
    private right of action related to the performance of such center:
    Provided further, That $7,500,000 shall be available to support the
    2009 Special Olympics World Winter Games.

                Rehabilitation Services and Disability Research

        For carrying out, to the extent not otherwise provided, the
    Rehabilitation Act of 1973, the Assistive Technology Act of 1998, and
    the Helen Keller National Center Act, $3,283,929,000, of which
    $1,000,000 shall be awarded to the American Academy of Orthotists and
    Prosthetists for activities that further the purposes of the grant
    received by the Academy for the period beginning October 1, 2003,
    including activities to meet the demand for orthotic and prosthetic
    provider services and improve patient care: Provided, That $3,155,000
    of the funds for section 303 of the Rehabilitation Act of 1973 shall be
    available for the projects and in the amounts specified in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act).

               Special Institutions for Persons With Disabilities

                     american printing house for the blind

        For carrying out the Act of March 3, 1879, $22,000,000.

                   national technical institute for the deaf

        For the National Technical Institute for the Deaf under titles I
    and II of the Education of the Deaf Act of 1986, $60,757,000, of which
    $1,705,000 shall be for construction and shall remain available until
    expended: Provided, That from the total amount available, the Institute
    may at its discretion use funds for the endowment program as authorized
    under section 207 of such Act.

                              gallaudet university

        For the Kendall Demonstration Elementary School, the Model
    Secondary School for the Deaf, and the partial support of Gallaudet
    University under titles I and II of the Education of the Deaf Act of
    1986, $115,400,000: Provided, That from the total amount available, the
    University may at its discretion use funds for the endowment program as
    authorized under section 207.

                     Career, Technical, and Adult Education

        For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Career and Technical Education Act of 2006, the Adult Education
    and Family Literacy Act, subpart 4 of part D of title V of the
    Elementary and Secondary Education Act of 1965 (``ESEA'') and title
    VIII-D of the Higher Education Amendments of 1998, $1,976,166,000, of
    which $4,077,000 shall become available on October 1, 2007 and remain
    available until September 30, 2009, of which $1,181,089,000 shall
    become available on July 1, 2008, and shall remain available through
    September 30, 2009, and of which $791,000,000 shall become available on
    October 1, 2008, and shall remain available through September 30, 2009:
    Provided, That of the amount provided for Adult Education State Grants,
    $67,896,000 shall be made available for integrated English literacy and
    civics education services to immigrants and other limited English
    proficient populations: Provided further, That of the amount reserved
    for integrated English literacy and civics education, notwithstanding
    section 211 of the Adult Education and Family Literacy Act, 65 percent
    shall be allocated to States based on a State's absolute need as
    determined by calculating each State's share of a 10-year average of
    the United States Citizenship and Immigration Services data for
    immigrants admitted for legal permanent residence for the 10 most
    recent years, and 35 percent allocated to States that experienced
    growth as measured by the average of the 3 most recent years for which
    United States Citizenship and Immigration Services data for immigrants
    admitted for legal permanent residence are available, except that no
    State shall be allocated an amount less than $60,000: Provided further,
    That of the amounts made available for the Adult Education and Family
    Literacy Act, $7,000,000 shall be for national leadership activities
    under section 243 and $6,583,000 shall be for the National Institute
    for Literacy under section 242: Provided further, That $81,532,000
    shall be available to support the activities authorized under subpart 4
    of part D of title V of the ESEA, of which up to 5 percent shall become
    available October 1, 2007, and shall remain available through September
    30, 2009, for evaluation, technical assistance, school networks, peer
    review of applications, and program outreach activities, and of which
    not less than 95 percent shall become available on July 1, 2008, and
    remain available through September 30, 2009, for grants to local
    educational agencies: Provided further, That funds made available to
    local educational agencies under this subpart shall be used only for
    activities related to establishing smaller learning communities within
    large high schools or small high schools that provide alternatives for
    students enrolled in large high schools.

                          Student Financial Assistance

                             (including rescission)

        For carrying out subparts 1, 3, and 4 of part A, part C and part E
    of title IV of the Higher Education Act of 1965, $16,114,317,000, which
    shall remain available through September 30, 2009.
        The maximum Pell Grant for which a student shall be eligible during
    award year 2008-2009 shall be $4,241.
        Of the unobligated funds available under section 401A(e)(1)(C) of
    the Higher Education Act of 1965, $525,000,000 are rescinded.

                           Student Aid Administration

        For Federal administrative expenses to carry out part D of title I,
    and subparts 1, 3, and 4 of part A, and parts B, C, D, and E of title
    IV of the Higher Education Act of 1965, $708,216,000, which shall
    remain available until expended.

                                Higher Education

        For carrying out, to the extent not otherwise provided, titles II,
    III, IV, V, VI, and VII of the Higher Education Act of 1965 (``HEA''),
    section 1543 of the Higher Education Amendments of 1992, the Mutual
    Educational and Cultural Exchange Act of 1961, title VIII of the Higher
    Education Amendments of 1998, part I of subtitle A of title VI of the
    America COMPETES Act, and section 117 of the Carl D. Perkins Career and
    Technical Education Act of 2006, $2,057,801,000: Provided, That
    $9,699,000, to remain available through September 30, 2009, shall be
    available to fund fellowships for academic year 2009-2010 under subpart
    1 of part A of title VII of the HEA, under the terms and conditions of
    such subpart 1: Provided further, That $620,000 is for data collection
    and evaluation activities for programs under the HEA, including such
    activities needed to comply with the Government Performance and Results
    Act of 1993: Provided further, That notwithstanding any other provision
    of law, funds made available in this Act to carry out title VI of the
    HEA and section 102(b)(6) of the Mutual Educational and Cultural
    Exchange Act of 1961 may be used to support visits and study in foreign
    countries by individuals who are participating in advanced foreign
    language training and international studies in areas that are vital to
    United States national security and who plan to apply their language
    skills and knowledge of these countries in the fields of government,
    the professions, or international development: Provided further, That
    of the funds referred to in the preceding proviso up to 1 percent may
    be used for program evaluation, national outreach, and information
    dissemination activities: Provided further, That the funds provided for
    title II of the HEA shall be allocated notwithstanding section 210 of
    such Act: Provided further, That $100,668,000 of the funds for part B
    of title VII of the Higher Education Act of 1965 shall be available for
    the projects and in the amounts specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

                               Howard University

        For partial support of Howard University, $237,392,000, of which
    not less than $3,526,000 shall be for a matching endowment grant
    pursuant to the Howard University Endowment Act (Public Law 98-480) and
    shall remain available until expended.

             College Housing and Academic Facilities Loans Program

        For Federal administrative expenses to carry out activities related
    to existing facility loans pursuant to section 121 of the Higher
    Education Act of 1965, $481,000.

      Historically Black College and University Capital Financing Program
                                    Account

        For administrative expenses to carry out the Historically Black
    College and University Capital Financing Program entered into pursuant
    to part D of title III of the Higher Education Act of 1965, $188,000.

                        Institute of Education Sciences

        For carrying out activities authorized by the Education Sciences
    Reform Act of 2002, the National Assessment of Educational Progress
    Authorization Act, section 208 of the Educational Technical Assistance
    Act of 2002, and section 664 of the Individuals with Disabilities
    Education Act, $555,815,000, of which $293,155,000 shall be available
    until September 30, 2009: Provided, That of the amount available to
    carry out section 208 of the Educational Technical Assistance Act, up
    to $5,000,000 may be used for State data coordinators and for awards to
    entities, including entities other than States, to improve data
    coordination.

                            Departmental Management

                             program administration

        For carrying out, to the extent not otherwise provided, the
    Department of Education Organization Act, including rental of
    conference rooms in the District of Columbia and hire of three
    passenger motor vehicles, $418,587,000, of which $2,100,000, to remain
    available until expended, shall be for building alterations and related
    expenses for the move of Department staff to the Mary E. Switzer
    building in Washington, DC.

                            office for civil rights

        For expenses necessary for the Office for Civil Rights, as
    authorized by section 203 of the Department of Education Organization
    Act, $91,205,000.

                        office of the inspector general

        For expenses necessary for the Office of the Inspector General, as
    authorized by section 212 of the Department of Education Organization
    Act, $51,753,000.

                               General Provisions

        Sec. 301. No funds appropriated in this Act may be used for the
    transportation of students or teachers (or for the purchase of
    equipment for such transportation) in order to overcome racial
    imbalance in any school or school system, or for the transportation of
    students or teachers (or for the purchase of equipment for such
    transportation) in order to carry out a plan of racial desegregation of
    any school or school system.
        Sec. 302. None of the funds contained in this Act shall be used to
    require, directly or indirectly, the transportation of any student to a
    school other than the school which is nearest the student's home,
    except for a student requiring special education, to the school
    offering such special education, in order to comply with title VI of
    the Civil Rights Act of 1964. For the purpose of this section an
    indirect requirement of transportation of students includes the
    transportation of students to carry out a plan involving the
    reorganization of the grade structure of schools, the pairing of
    schools, or the clustering of schools, or any combination of grade
    restructuring, pairing or clustering. The prohibition described in this
    section does not include the establishment of magnet schools.
        Sec. 303. No funds appropriated in this Act may be used to prevent
    the implementation of programs of voluntary prayer and meditation in
    the public schools.

                              (transfer of funds)

        Sec. 304. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the Department of Education in this
    Act may be transferred between appropriations, but no such
    appropriation shall be increased by more than 3 percent by any such
    transfer: Provided, That the transfer authority granted by this section
    shall be available only to meet emergency needs and shall not be used
    to create any new program or to fund any project or activity for which
    no funds are provided in this Act: Provided further, That the
    Committees on Appropriations of the House of Representatives and the
    Senate are notified at least 15 days in advance of any transfer.
        Sec. 305. None of the funds made available in this Act may be used
    to promulgate, implement, or enforce any revision to the regulations in
    effect under section 496 of the Higher Education Act of 1965 on June 1,
    2007, until legislation specifically requiring such revision is
    enacted.
        Sec. 306. (a) Maintenance of Integrity and Ethical Values Within
    Department of Education.--Within 60 days after the enactment of this
    Act, the Secretary of Education shall implement procedures--
                (1) to assess whether a covered individual or entity has a
            potential financial interest in, or impaired objectivity
            towards, a product or service purchased with, or guaranteed or
            insured by, funds administered by the Department of Education
            or a contracted entity of the Department; and
                (2) to disclose the existence of any such potential
            financial interest or impaired objectivity.
        (b) Review by Inspector General.--
                (1) Within 60 days after the implementation of the
            procedures described in subsection (a), the Inspector General
            of the Department of Education shall report to the Committees
            on Appropriations of the House of Representatives and the
            Senate on the adequacy of such procedures.
                (2) Within 1 year, the Inspector General shall conduct at
            least 1 review to ensure that such procedures are properly
            implemented and are effective to uncover and disclose the
            existence of potential financial interests or impaired
            objectivity described in subsection (a).
                (3) The Inspector General shall report to such Committees
            any recommendations for modifications to such procedures that
            the Inspector General determines are necessary to uncover and
            disclose the existence of such potential financial interests or
            impaired objectivity.
        (c) Definition.--For purposes of this section, the term ``covered
    individual or entity'' means--
                (1) an officer or professional employee of the Department
            of Education;
                (2) a contractor or subcontractor of the Department, or an
            individual hired by the contracted entity;
                (3) a member of a peer review panel of the Department; or
                (4) a consultant or advisor to the Department.
        Sec. 307. (a) Notwithstanding section 8013(9)(B) of the Elementary
    and Secondary Education Act of 1965, North Chicago Community Unit
    School District 187, North Shore District 112, and Township High School
    District 113 in Lake County, Illinois, and Glenview Public School
    District 34 and Glenbrook High School District 225 in Cook County,
    Illinois, shall be considered local educational agencies as such term
    is used in and for purposes of title VIII of such Act for fiscal years
    2008 and 2009.
        (b) Notwithstanding any other provision of law, federally connected
    children (as determined under section 8003(a) of the Elementary and
    Secondary Education Act of 1965) who are in attendance in the North
    Shore District 112, Township High School District 113, Glenview Public
    School District 34, and Glenbrook High School District 225 described in
    subsection (a), shall be considered to be in attendance in the North
    Chicago Community Unit School District 187 described in subsection (a)
    for purposes of computing the amount that the North Chicago Community
    Unit School District 187 is eligible to receive under subsection (b) or
    (d) of such section for fiscal years 2008 and 2009 if--
                (1) such school districts have entered into an agreement
            for such students to be so considered and for the equitable
            apportionment among all such school districts of any amount
            received by the North Chicago Community Unit School District
            187 under such section; and
                (2) any amount apportioned among all such school districts
            pursuant to paragraph (1) is used by such school districts only
            for the direct provision of educational services.
        Sec. 308. Prior to January 1, 2008, the Secretary of Education may
    not terminate any voluntary flexible agreement under section 428A of
    the Higher Education Act of 1965 that existed on October 1, 2007. With
    respect to an entity with which the Secretary of Education had a
    voluntary flexible agreement under section 428A of the Higher Education
    Act of 1965 on October 1, 2007 that is not cost neutral, if the
    Secretary terminates such agreement on or after January 1, 2008, the
    Secretary of Education shall, not later than March 31, 2008, negotiate
    to enter, and enter, into a new voluntary flexible agreement with such
    entity so that the agreement is cost neutral, unless such entity does
    not want to enter into such agreement.
        Sec. 309. Notwithstanding section 102(a)(4)(A) of the Higher
    Education Act of 1965, the Secretary of Education shall not take into
    account a bankruptcy petition filed in the United States Bankruptcy
    Court for the Northern District of New York on February 21, 2001, in
    determining whether a nonprofit educational institution that is a
    subsidiary of an entity that filed such petition meets the definition
    of an ``institution of higher education'' under section 102 of that
    Act.

                             (rescission of funds)

        Sec. 310. Of the unobligated balances available under the Federal
    Direct Student Loan Program Administration authorized by section 458 of
    the Higher Education Act and the Higher Education Reconciliation Act of
    2005, $25,000,000 are rescinded.
        Sec. 311. The Secretary of Education shall--
                (1) deem each local educational agency that received a
            fiscal year 2007 basic support payment for heavily impacted
            local educational agencies under section 8003(b)(2) of the
            Elementary and Secondary Education Act of 1965 (20 U.S.C.
            7703(b)(2)) as eligible to receive a fiscal year 2008 basic
            support payment for heavily impacted local educational agencies
            under such section; and
                (2) make a payment to such local educational agency under
            such section for fiscal year 2008.
        This title may be cited as the ``Department of Education
    Appropriations Act, 2008''.

                                    TITLE IV

                                RELATED AGENCIES

     Committee for Purchase From People Who Are Blind or Severely Disabled

                             salaries and expenses

        For expenses necessary of the Committee for Purchase From People
    Who Are Blind or Severely Disabled established by Public Law 92-28,
    $4,994,000.

                 Corporation for National and Community Service

                               operating expenses

                         (including transfer of funds)

        For necessary expenses for the Corporation for National and
    Community Service to carry out the Domestic Volunteer Service Act of
    1973 (``1973 Act'') and the National and Community Service Act of 1990
    (``1990 Act''), $796,662,000, of which $313,054,000 is to carry out the
    1973 Act and $483,608,000 is to carry out the 1990 Act: Provided, That
    $24,205,000 of the amount provided under this heading shall remain
    available until September 30, 2009 to carry out subtitle E of the 1990
    Act: Provided further, That up to 1 percent of program grant funds may
    be used to defray the costs of conducting grant application reviews,
    including the use of outside peer reviewers and electronic management
    of the grants cycle: Provided further, That none of the funds made
    available under this heading for activities authorized by section 122
    and part E of title II of the 1973 Act shall be used to provide
    stipends or other monetary incentives to program participants or
    volunteer leaders whose incomes exceed the income guidelines in
    subsections 211(e) and 213(b) of the 1973 Act: Provided further, That
    notwithstanding subtitle H of title I of the 1990 Act, none of the
    funds provided for quality and innovation activities shall be used to
    support salaries and related expenses (including travel) attributable
    to Corporation for National and Community Service employees: Provided
    further, That, for fiscal year 2008 and thereafter, in addition to
    amounts otherwise provided to the National Service Trust under this
    heading, at no later than the end of the fifth fiscal year after the
    fiscal year for which funds are appropriated or otherwise made
    available, unobligated balances of appropriations available for grants
    under the National Service Trust Program under subtitle C of title I of
    the 1990 Act during such fiscal year may be transferred to the National
    Service Trust after notice is transmitted to Congress, if such funds
    are initially obligated before the expiration of their period of
    availability as provided in this Act: Provided further, That of the
    amounts provided under this heading: (1) not less than $124,718,000, to
    remain available until expended, to be transferred to the National
    Service Trust for educational awards authorized under subtitle D of
    title I of the 1990 Act: Provided further, That in addition to these
    funds, the Corporation may transfer funds from the amount provided for
    AmeriCorps grants under the National Service Trust Program, to the
    National Service Trust authorized under subtitle D of title I of the
    1990 Act, upon determination that such transfer is necessary to support
    the activities of national service participants and after notice is
    transmitted to the Congress; (2) not more than $55,000,000 of funding
    provided for grants under the National Service Trust program authorized
    under subtitle C of title I of the 1990 Act may be used to administer,
    reimburse, or support any national service program authorized under
    section 129(d)(2) of such Act; (3) $12,000,000 shall be to provide
    assistance to State commissions on national and community service,
    under section 126(a) of the 1990 Act and notwithstanding section
    501(a)(4) of the 1990 Act; and (4) not less than $5,000,000 shall be
    for the acquisition, renovation, equipping and startup costs for a
    campus located in Vinton, Iowa and a campus in Vicksburg, Mississippi
    to carry out subtitle E of title I of the 1990 Act.

                             salaries and expenses

        For necessary expenses of administration as provided under section
    501(a)(4) of the National and Community Service Act of 1990 and under
    section 504(a) of the Domestic Volunteer Service Act of 1973, including
    payment of salaries, authorized travel, hire of passenger motor
    vehicles, the rental of conference rooms in the District of Columbia,
    the employment of experts and consultants authorized under 5 U.S.C.
    3109, and not to exceed $2,500 for official reception and
    representation expenses, $68,964,000.

                          office of inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the Inspector General Act of 1978, $5,932,000.

                           administrative provisions

        Sec. 401. Notwithstanding any other provision of law, the term
    ``qualified student loan'' with respect to national service education
    awards shall mean any loan determined by an institution of higher
    education to be necessary to cover a student's cost of attendance at
    such institution and made, insured, or guaranteed directly to a student
    by a State agency, in addition to other meanings under section
    148(b)(7) of the National and Community Service Act.
        Sec. 402. Notwithstanding any other provision of law, funds made
    available under section 129(d)(5)(B) of the National and Community
    Service Act of 1990 to assist entities in placing applicants who are
    individuals with disabilities may be provided to any entity that
    receives a grant under section 121 of the Act.
        Sec. 403. The Corporation for National and Community Service shall
    make any significant changes to program requirements, service delivery
    or policy only through public notice and comment rulemaking. For fiscal
    year 2008, during any grant selection process, an officer or employee
    of the Corporation shall not knowingly disclose any covered grant
    selection information regarding such selection, directly or indirectly,
    to any person other than an officer or employee of the Corporation that
    is authorized by the Corporation to receive such information.
        Sec. 404. Professional Corps programs described in section
    122(a)(8) of the National and Community Service Act of 1990 may apply
    to the Corporation for a waiver of application of section 140(c)(2).
        Sec. 405. Notwithstanding section 1342 of title 31, United States
    Code, the Corporation may solicit and accept the services of
    organizations and individuals (other than participants) to assist the
    Corporation in carrying out the duties of the Corporation under the
    national service laws: Provided, That an individual who provides
    services under this section shall be subject to the same protections
    and limitations as volunteers under section 196(a) of the National and
    Community Service Act of 1990.
        Sec. 406. Organizations operating projects under the AmeriCorps
    Education Awards Program shall do so without regard to the requirements
    of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of
    the National and Community Service Act of 1990.
        Sec. 407. AmeriCorps programs receiving grants under the National
    Service Trust program shall meet an overall minimum share requirement
    of 24 percent for the first three years that they receive AmeriCorps
    funding, and thereafter shall meet the overall minimum share
    requirement as provided in section 2521.60 of title 45, Code of Federal
    Regulations, without regard to the operating costs match requirement in
    section 121(e) or the member support Federal share limitations in
    section 140 of the National and Community Service Act of 1990, and
    subject to partial waiver consistent with section 2521.70 of title 45,
    Code of Federal Regulations.
        Sec. 408. Notwithstanding any other provision of law, formula-based
    grants to States and territories under section 129(a)(1)-(2) of the
    1990 Act to operate AmeriCorps programs may be made if the application
    describes proposed positions into which participants will be placed,
    the proposed minimum qualifications of such participants, and an
    assurance that the State will select national service programs for
    subgrants on a competitive basis, and an assurance that the
    aforementioned information will be provided for each subgrant awarded
    prior to the execution of such subgrants.

                      Corporation for Public Broadcasting

        For payment to the Corporation for Public Broadcasting, as
    authorized by the Communications Act of 1934, an amount which shall be
    available within limitations specified by that Act, for the fiscal year
    2010, $420,000,000: Provided, That no funds made available to the
    Corporation for Public Broadcasting by this Act shall be used to pay
    for receptions, parties, or similar forms of entertainment for
    Government officials or employees: Provided further, That none of the
    funds contained in this paragraph shall be available or used to aid or
    support any program or activity from which any person is excluded, or
    is denied benefits, or is discriminated against, on the basis of race,
    color, national origin, religion, or sex: Provided further, That no
    funds made available to the Corporation for Public Broadcasting by this
    Act shall be used to apply any political test or qualification in
    selecting, appointing, promoting, or taking any other personnel action
    with respect to officers, agents, and employees of the Corporation:
    Provided further, That for fiscal year 2008, in addition to the amounts
    provided above, $29,700,000 shall be for costs related to digital
    program production, development, and distribution, associated with the
    transition of public broadcasting to digital broadcasting, to be
    awarded as determined by the Corporation in consultation with public
    radio and television licensees or permittees, or their designated
    representatives: Provided further, That for fiscal year 2008, in
    addition to the amounts provided above, $26,750,000 is available
    pursuant to section 396(k)(10) of the Communications Act of 1934 for
    replacement and upgrade of the public radio interconnection system:
    Provided further, That none of the funds made available to the
    Corporation for Public Broadcasting by this Act, the Continuing
    Appropriations Resolution, 2007 (Public Law 110-5), or the Departments
    of Labor, Health and Human Services, and Education, and Related
    Agencies Appropriations Act, 2006 (Public Law 109-149), shall be used
    to support the Television Future Fund or any similar purpose.

                   Federal Mediation and Conciliation Service

                             salaries and expenses

        For expenses necessary for the Federal Mediation and Conciliation
    Service to carry out the functions vested in it by the Labor Management
    Relations Act, 1947, including hire of passenger motor vehicles; for
    expenses necessary for the Labor-Management Cooperation Act of 1978;
    and for expenses necessary for the Service to carry out the functions
    vested in it by the Civil Service Reform Act, Public Law 95-454,
    $43,800,000: Provided, That notwithstanding 31 U.S.C. 3302, fees
    charged, up to full-cost recovery, for special training activities and
    other conflict resolution services and technical assistance, including
    those provided to foreign governments and international organizations,
    and for arbitration services shall be credited to and merged with this
    account, and shall remain available until expended: Provided further,
    That fees for arbitration services shall be available only for
    education, training, and professional development of the agency
    workforce: Provided further, That the Director of the Service is
    authorized to accept and use on behalf of the United States gifts of
    services and real, personal, or other property in the aid of any
    projects or functions within the Director's jurisdiction.

                Federal Mine Safety and Health Review Commission

                             salaries and expenses

        For expenses necessary for the Federal Mine Safety and Health
    Review Commission, $8,096,000.

                    Institute of Museum and Library Services

        office of museum and library services: grants and administration

        For carrying out the Museum and Library Services Act of 1996 and
    the National Museum of African American History and Culture Act,
    $268,193,000, of which $18,610,000 shall be available for library,
    museum and related projects and in the amounts specified in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act): Provided, That funds may be made
    available for support through inter-agency agreement or grant to
    commemorative Federal commissions that support museum and library
    activities, in partnership with libraries and museums that are eligible
    for funding under programs carried out by the Institute of Museum and
    Library Services.

                      Medicare Payment Advisory Commission

                             salaries and expenses

        For expenses necessary to carry out section 1805 of the Social
    Security Act, $10,748,000, to be transferred to this appropriation from
    the Federal Hospital Insurance and the Federal Supplementary Medical
    Insurance Trust Funds.

            National Commission on Libraries and Information Science

                             salaries and expenses

        For close out activities of the National Commission on Libraries
    and Information Science, established by the Act of July 20, 1970
    (Public Law 91-345, as amended), $400,000.

                         National Council on Disability

                             salaries and expenses

        For expenses necessary for the National Council on Disability as
    authorized by title IV of the Rehabilitation Act of 1973, $3,113,000.

                         National Labor Relations Board

                             salaries and expenses

        For expenses necessary for the National Labor Relations Board to
    carry out the functions vested in it by the Labor-Management Relations
    Act, 1947, and other laws, $256,238,000: Provided, That no part of this
    appropriation shall be available to organize or assist in organizing
    agricultural laborers or used in connection with investigations,
    hearings, directives, or orders concerning bargaining units composed of
    agricultural laborers as referred to in section 2(3) of the Act of July
    5, 1935, and as amended by the Labor-Management Relations Act, 1947,
    and as defined in section 3(f) of the Act of June 25, 1938, and
    including in said definition employees engaged in the maintenance and
    operation of ditches, canals, reservoirs, and waterways when maintained
    or operated on a mutual, nonprofit basis and at least 95 percent of the
    water stored or supplied thereby is used for farming purposes.

                            National Mediation Board

                             salaries and expenses

        For expenses necessary to carry out the provisions of the Railway
    Labor Act, including emergency boards appointed by the President,
    $12,911,000.

                Occupational Safety and Health Review Commission

                             salaries and expenses

        For expenses necessary for the Occupational Safety and Health
    Review Commission, $10,696,000.

                           Railroad Retirement Board

                         dual benefits payments account

        For payment to the Dual Benefits Payments Account, authorized under
    section 15(d) of the Railroad Retirement Act of 1974, $79,000,000,
    which shall include amounts becoming available in fiscal year 2008
    pursuant to section 224(c)(1)(B) of Public Law 98-76; and in addition,
    an amount, not to exceed 2 percent of the amount provided herein, shall
    be available proportional to the amount by which the product of
    recipients and the average benefit received exceeds the amount
    available for payment of vested dual benefits: Provided, That the total
    amount provided herein shall be credited in 12 approximately equal
    amounts on the first day of each month in the fiscal year.

              federal payments to the railroad retirement accounts

        For payment to the accounts established in the Treasury for the
    payment of benefits under the Railroad Retirement Act for interest
    earned on unnegotiated checks, $150,000, to remain available through
    September 30, 2009, which shall be the maximum amount available for
    payment pursuant to section 417 of Public Law 98-76.

                          limitation on administration

        For necessary expenses for the Railroad Retirement Board for
    administration of the Railroad Retirement Act and the Railroad
    Unemployment Insurance Act, $103,694,000, to be derived in such amounts
    as determined by the Board from the railroad retirement accounts and
    from moneys credited to the railroad unemployment insurance
    administration fund.

                 limitation on the office of inspector general

        For expenses necessary for the Office of Inspector General for
    audit, investigatory and review activities, as authorized by the
    Inspector General Act of 1978, not more than $7,173,000, to be derived
    from the railroad retirement accounts and railroad unemployment
    insurance account: Provided, That none of the funds made available in
    any other paragraph of this Act may be transferred to the Office; used
    to carry out any such transfer; used to provide any office space,
    equipment, office supplies, communications facilities or services,
    maintenance services, or administrative services for the Office; used
    to pay any salary, benefit, or award for any personnel of the Office;
    used to pay any other operating expense of the Office; or used to
    reimburse the Office for any service provided, or expense incurred, by
    the Office: Provided further, That funds made available under the
    heading in this Act, or subsequent Departments of Labor, Health and
    Human Services, and Education, and Related Agencies Appropriations
    Acts, may be used for any audit, investigation, or review of the
    Medicare Program.

                         Social Security Administration

                    payments to social security trust funds

        For payment to the Federal Old-Age and Survivors Insurance Trust
    Fund and the Federal Disability Insurance Trust Fund, as provided under
    sections 201(m), 217(g), 228(g), and 1131(b)(2) of the Social Security
    Act, $28,140,000.

                      supplemental security income program

        For carrying out titles XI and XVI of the Social Security Act,
    section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
    amended, and section 405 of Public Law 95-216, including payment to the
    Social Security trust funds for administrative expenses incurred
    pursuant to section 201(g)(1) of the Social Security Act,
    $27,000,191,000, to remain available until expended: Provided, That any
    portion of the funds provided to a State in the current fiscal year and
    not obligated by the State during that year shall be returned to the
    Treasury.
        For making, after June 15 of the current fiscal year, benefit
    payments to individuals under title XVI of the Social Security Act, for
    unanticipated costs incurred for the current fiscal year, such sums as
    may be necessary.
        For making benefit payments under title XVI of the Social Security
    Act for the first quarter of fiscal year 2009, $14,800,000,000, to
    remain available until expended.

                     limitation on administrative expenses

        For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $15,000 for official reception and
    representation expenses, not more than $9,781,842,000 may be expended,
    as authorized by section 201(g)(1) of the Social Security Act, from any
    one or all of the trust funds referred to therein: Provided, That not
    less than $2,000,000 shall be for the Social Security Advisory Board:
    Provided further, That unobligated balances of funds provided under
    this paragraph at the end of fiscal year 2008 not needed for fiscal
    year 2008 shall remain available until expended to invest in the Social
    Security Administration information technology and telecommunications
    hardware and software infrastructure, including related equipment and
    non-payroll administrative expenses associated solely with this
    information technology and telecommunications infrastructure: Provided
    further, That reimbursement to the trust funds under this heading for
    expenditures for official time for employees of the Social Security
    Administration pursuant to section 7131 of title 5, United States Code,
    and for facilities or support services for labor organizations pursuant
    to policies, regulations, or procedures referred to in section 7135(b)
    of such title shall be made by the Secretary of the Treasury, with
    interest, from amounts in the general fund not otherwise appropriated,
    as soon as possible after such expenditures are made.
        In addition, $135,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended. To the extent that
    the amounts collected pursuant to such sections in fiscal year 2008
    exceed $135,000,000, the amounts shall be available in fiscal year 2009
    only to the extent provided in advance in appropriations Acts.
        In addition, up to $1,000,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act
    (Public Law 108-203), which shall remain available until expended.

                          office of inspector general

                         (including transfer of funds)

        For expenses necessary for the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978,
    $26,451,000, together with not to exceed $67,098,000, to be transferred
    and expended as authorized by section 201(g)(1) of the Social Security
    Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
    Federal Disability Insurance Trust Fund.
        In addition, an amount not to exceed 3 percent of the total
    provided in this appropriation may be transferred from the ``Limitation
    on Administrative Expenses'', Social Security Administration, to be
    merged with this account, to be available for the time and purposes for
    which this account is available: Provided, That notice of such
    transfers shall be transmitted promptly to the Committees on
    Appropriations of the House of Representatives and the Senate.

                                    TITLE V

                               GENERAL PROVISIONS

        Sec. 501. The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act. Such transferred balances shall be used for the
    same purpose, and for the same periods of time, for which they were
    originally appropriated.
        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. (a) No part of any appropriation contained in this Act
    shall be used, other than for normal and recognized executive-
    legislative relationships, for publicity or propaganda purposes, for
    the preparation, distribution, or use of any kit, pamphlet, booklet,
    publication, radio, television, or video presentation designed to
    support or defeat legislation pending before the Congress or any State
    legislature, except in presentation to the Congress or any State
    legislature itself.
        (b) No part of any appropriation contained in this Act shall be
    used to pay the salary or expenses of any grant or contract recipient,
    or agent acting for such recipient, related to any activity designed to
    influence legislation or appropriations pending before the Congress or
    any State legislature.
        Sec. 504. The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $20,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is
    authorized to make available for official reception and representation
    expenses not to exceed $5,000 from the funds available for ``Federal
    Mediation and Conciliation Service, Salaries and expenses''; and the
    Chairman of the National Mediation Board is authorized to make
    available for official reception and representation expenses not to
    exceed $5,000 from funds available for ``National Mediation Board,
    Salaries and expenses''.
        Sec. 505. Notwithstanding any other provision of this Act, no funds
    appropriated in this Act shall be used to carry out any program of
    distributing sterile needles or syringes for the hypodermic injection
    of any illegal drug.
        Sec. 506. When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state--
                (1) the percentage of the total costs of the program or
            project which will be financed with Federal money;
                (2) the dollar amount of Federal funds for the project or
            program; and
                (3) percentage and dollar amount of the total costs of the
            project or program that will be financed by non-governmental
            sources.
        Sec. 507. (a) None of the funds appropriated in this Act, and none
    of the funds in any trust fund to which funds are appropriated in this
    Act, shall be expended for any abortion.
        (b) None of the funds appropriated in this Act, and none of the
    funds in any trust fund to which funds are appropriated in this Act,
    shall be expended for health benefits coverage that includes coverage
    of abortion.
        (c) The term ``health benefits coverage'' means the package of
    services covered by a managed care provider or organization pursuant to
    a contract or other arrangement.
        Sec. 508. (a) The limitations established in the preceding section
    shall not apply to an abortion--
                (1) if the pregnancy is the result of an act of rape or
            incest; or
                (2) in the case where a woman suffers from a physical
            disorder, physical injury, or physical illness, including a
            life-endangering physical condition caused by or arising from
            the pregnancy itself, that would, as certified by a physician,
            place the woman in danger of death unless an abortion is
            performed.
        (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).
        (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering
    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
        (d)(1) None of the funds made available in this Act may be made
    available to a Federal agency or program, or to a State or local
    government, if such agency, program, or government subjects any
    institutional or individual health care entity to discrimination on the
    basis that the health care entity does not provide, pay for, provide
    coverage of, or refer for abortions.
        (2) In this subsection, the term ``health care entity'' includes an
    individual physician or other health care professional, a hospital, a
    provider-sponsored organization, a health maintenance organization, a
    health insurance plan, or any other kind of health care facility,
    organization, or plan.
        Sec. 509. (a) None of the funds made available in this Act may be
    used for--
                (1) the creation of a human embryo or embryos for research
            purposes; or
                (2) research in which a human embryo or embryos are
            destroyed, discarded, or knowingly subjected to risk of injury
            or death greater than that allowed for research on fetuses in
            utero under 45 CFR 46.204(b) and section 498(b) of the Public
            Health Service Act (42 U.S.C. 289g(b)).
        (b) For purposes of this section, the term ``human embryo or
    embryos'' includes any organism, not protected as a human subject under
    45 CFR 46 as of the date of the enactment of this Act, that is derived
    by fertilization, parthenogenesis, cloning, or any other means from one
    or more human gametes or human diploid cells.
        Sec. 510. (a) None of the funds made available in this Act may be
    used for any activity that promotes the legalization of any drug or
    other substance included in schedule I of the schedules of controlled
    substances established under section 202 of the Controlled Substances
    Act (21 U.S.C. 812) except for normal and recognized executive-
    congressional communications.
        (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical
    trials are being conducted to determine therapeutic advantage.
        Sec. 511. None of the funds made available in this Act may be used
    to promulgate or adopt any final standard under section 1173(b) of the
    Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
    for the assignment of, a unique health identifier for an individual
    (except in an individual's capacity as an employer or a health care
    provider), until legislation is enacted specifically approving the
    standard.
        Sec. 512. None of the funds made available in this Act may be
    obligated or expended to enter into or renew a contract with an entity
    if--
                (1) such entity is otherwise a contractor with the United
            States and is subject to the requirement in section 4212(d) of
            title 38, United States Code, regarding submission of an annual
            report to the Secretary of Labor concerning employment of
            certain veterans; and
                (2) such entity has not submitted a report as required by
            that section for the most recent year for which such
            requirement was applicable to such entity.
        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 appropriation Act.
        Sec. 514. None of the funds made available by this Act to carry out
    the Library Services and Technology Act may be made available to any
    library covered by paragraph (1) of section 224(f) of such Act, as
    amended by the Children's Internet Protection Act, unless such library
    has made the certifications required by paragraph (4) of such section.
        Sec. 515. None of the funds made available by this Act to carry out
    part D of title II of the Elementary and Secondary Education Act of
    1965 may be made available to any elementary or secondary school
    covered by paragraph (1) of section 2441(a) of such Act, as amended by
    the Children's Internet Protection Act and the No Child Left Behind
    Act, unless the local educational agency with responsibility for such
    covered school has made the certifications required by paragraph (2) of
    such section.
        Sec. 516. (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;
                (6) reorganizes programs or activities; or
                (7) contracts out or privatizes any functions or activities
            presently performed by Federal employees;
    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        (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 through a
    reprogramming of funds in excess of $500,000 or 10 percent, whichever
    is less, that--
                (1) augments existing programs, projects (including
            construction 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 from a reduction in
            personnel which would result in a change in existing programs,
            activities, or projects as approved by Congress;
    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        Sec. 517. (a) None of the funds made available in this Act may be
    used to request that a candidate for appointment to a Federal
    scientific advisory committee disclose the political affiliation or
    voting history of the candidate or the position that the candidate
    holds with respect to political issues not directly related to and
    necessary for the work of the committee involved.
        (b) None of the funds made available in this Act may be used to
    disseminate scientific information that is deliberately false or
    misleading.
        Sec. 518. Within 45 days of enactment of this Act, each department
    and related agency funded through this Act shall submit an operating
    plan that details at the program, project, and activity level any
    funding allocations for fiscal year 2008 that are different than those
    specified in this Act, the accompanying detailed table in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act), or the fiscal year 2008 budget
    request.
        Sec. 519. None of the funds made available by this Act may be used
    to carry out the evaluation of the Upward Bound program described in
    the absolute priority for Upward Bound Program participant selection
    and evaluation published by the Department of Education in the Federal
    Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.).
        Sec. 520. None of the funds in this Act may be used to employ
    workers described in section 274A(h)(3) of the Immigration and
    Nationality Act.
        Sec. 521. The Secretaries of Labor, Health and Human Services, and
    Education shall each prepare and submit to the Committees on
    Appropriations of the House of Representatives and the Senate a report
    on the number and amount of contracts, grants, and cooperative
    agreements exceeding $100,000 in value and awarded by the Department on
    a non-competitive basis during each quarter of fiscal year 2008, but
    not to include grants awarded on a formula basis. Such report shall
    include the name of the contractor or grantee, the amount of funding,
    and the governmental purpose. Such report shall be transmitted to the
    Committees within 30 days after the end of the quarter for which the
    report is submitted.
        Sec. 522. 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. 523. 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. 524. Section 1848(l)(2)(A) of the Social Security Act, as
    amended by section 6 of the TMA, Abstinence Education, and QI Programs
    Extension Act of 2007 (Public Law 110-90), is amended by reducing the
    dollar amount in the first sentence by $150,000,000.
        Sec. 525. Iraqi and Afghan aliens granted special immigrant status
    under section 101(a)(27) of the Immigration and Nationality Act shall
    be eligible for resettlement assistance, entitlement programs, and
    other benefits available to refugees admitted under section 207 of such
    Act for a period not to exceed 6 months.
        Sec. 526. None of the funds appropriated by this Act may be used by
    the Commissioner of Social Security or the Social Security
    Administration to pay the compensation of employees of the Social
    Security Administration to administer Social Security benefit payments,
    under any agreement between the United States and Mexico establishing
    totalization arrangements between the social security system
    established by title II of the Social Security Act and the social
    security system of Mexico, which would not otherwise be payable but for
    such agreement.
        Sec. 527. None of the funds appropriated in this Act shall be
    expended or obligated by the Commissioner of Social Security, for
    purposes of administering Social Security benefit payments under title
    II of the Social Security Act, to process claims for credit for
    quarters of coverage based on work performed under a social security
    account number that was not the claimant's number which is an offense
    prohibited under section 208 of the Social Security Act.
        Sec. 528. (a) Across-the-Board Rescissions.--There is hereby
    rescinded an amount equal to 1.747 percent of the fiscal year 2008
    budget authority--
                (1) provided for any discretionary account of this Act; and
                (2) provided in any advance appropriation for fiscal year
            2008 for any discretionary account of this Act made available
            by any prior fiscal year appropriation Act.
        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
                (1) to each discretionary account and each item of budget
            authority described in such subsection; and
                (2) within each such account and item, to each program,
            project, and activity (with programs, projects, and activities
            as delineated in the appropriation Act, accompanying reports,
            or explanitory statement for fiscal year 2008 covering such
            account or item, or for accounts and items not included in
            appropriation Acts, as delineated in the most recently
            submitted President's budget).
        (c) Exceptions.--This section shall not apply--
                (1) to discretionary budget authority that has been
            designated as described in section 5 (in the matter preceding
            division A of this consolidated Act); or
                (2) to discretionary budget authority made available under
            title III under the Student Financial Assistance account for
            the Federal Pell Grants program.
        (d) OMB Report.--Within 30 days after the date of the enactment of
    this section the Director of the Office of Management and Budget shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a report specifying the account and
    amount of each rescission made pursuant to this section.

                                    TITLE VI

                 NATIONAL COMMISSION ON CHILDREN AND DISASTERS

    SECTION 601. SHORT TITLE.

        This title may be cited as the ``Kids in Disasters Well-being,
    Safety, and Health Act of 2007''.

    SEC. 602. DEFINITIONS.

        In this title:
                (1) All hazards.--The term ``all hazards'' has the meaning
            given the term ``hazard'' under section 602(a)(1) of the Robert
            T. Stafford Disaster Relief and Assistance Act (42 U.S.C.
            5195a), and includes natural disasters, acts of terrorism, and
            other man-made disasters.
                (2) Child; children.--The terms ``child'' and ``children''
            mean an individual or individuals, respectively, who have not
            attained 18 years of age.
                (3) Emergency.--The term ``emergency'' has the meaning
            given such term under section 102(1) of the Robert T. Stafford
            Disaster Relief and Assistance Act (42 U.S.C. 5122(1)).
                (4) Major disaster.--The term ``major disaster'' has the
            meaning given such term under section 102(2) of the Robert T.
            Stafford Disaster Relief and Assistance Act (42 U.S.C.
            5122(2)).

    SEC. 603. ESTABLISHMENT OF COMMISSION.

        There is established a commission to be known as the ``National
    Commission on Children and Disasters'' (referred to in this title as
    the ``Commission'').

    SEC. 604. PURPOSES OF COMMISSION.

        The purposes of the Commission are to--
                (1) conduct a comprehensive study to examine and assess the
            needs of children as they relate to preparation for, response
            to, and recovery from all hazards, including major disasters
            and emergencies;
                (2) build upon the evaluations of other entities and avoid
            unnecessary duplication, by reviewing the findings,
            conclusions, and recommendations of other commissions, Federal,
            State, and local governments, or nongovernmental entities,
            relating to the needs of children as they relate to preparation
            for, response to, and recovery from all hazards, including
            major disasters and emergencies; and
                (3) submit a report to the President and Congress on
            specific findings, conclusions, and recommendations to address
            the needs of children as they relate to preparation for,
            response to, and recovery from all hazards, including major
            disasters and emergencies.

    SEC. 605. COMPOSITION OF COMMISSION.

        (a) Members.--The Commission shall be composed of 10 members, of
    whom--
                (1) 1 member shall be appointed by the President;
                (2) 1 member, who is of a different political party than
            that of the member appointed under paragraph (1), shall be
            appointed by the President;
                (3) 2 members shall be appointed by the majority leader of
            the Senate;
                (4) 2 members shall be appointed by the minority leader of
            the Senate;
                (5) 2 members shall be appointed by the Speaker of the
            House of Representatives; and
                (6) 2 members shall be appointed by the minority leader of
            the House of Representatives.
        (b) Chairperson, Vice-Chairperson, and Meetings.--Not later than 30
    days after the date on which all members of the Commission are
    appointed under subsection (a), such members shall meet to elect a
    Chairperson and Vice Chairperson from among such members and shall
    determine a schedule of Commission meetings.
        (c) Governmental Appointees.--An individual appointed to the
    Commission may not be an official or employee of the Federal
    Government.
        (d) Commission Representation.--The Commission shall include at
    least one--
                (1) representative from private nonprofit entities with
            demonstrated expertise in addressing the needs of children as
            they relate to preparation for, response to, and recovery from
            all hazards, including major disasters and emergencies; and
                (2) State emergency manager or local emergency manager.
        (e) Qualifications.--Members appointed under subsection (a) may
    include--
                (1) individuals involved with providing services to
            children, including health, education, housing, and other
            social services;
                (2) individuals with experience in emergency management,
            including coordination of resources and services among State
            and local governments, the Federal Government, and
            nongovernmental entities;
                (3) individuals with philanthropic experience focused on
            the needs of children in all hazards, including major disasters
            and emergencies;
                (4) individuals with experience in providing donated goods
            and services, including personnel services, to meet the needs
            of children and families as they relate to preparation for,
            response to, and recovery from all hazards, including major
            disasters and emergencies; and
                (5) individuals who have conducted academic research
            related to addressing the needs of children in all hazards,
            including major disasters and emergencies.
        (f) Initial Meeting.--The Commission shall meet and begin the
    operations of the Commission not later than 120 days after the
    appointment of members of the Commission.
        (g) Quorum and Vacancy.--
                (1) Quorum.--A majority of the members of the Commission
            shall constitute a quorum, but a lesser number of members may
            hold hearings.
                (2) Vacancy.--Any vacancy in the Commission shall not
            affect its powers and shall be filled in the same manner in
            which the original appointment was made.

    SEC. 606. DUTIES OF COMMISSION.

        The Commission shall--
                (1) conduct pursuant to section 604(2) a comprehensive
            study that examines and assesses the needs of children as they
            relate to preparation for, response to, and recovery from all
            hazards, including major disasters and emergencies, including
            specific findings relating to--
                        (A) child physical health, mental health, and
                    trauma;
                        (B) child care in all settings;
                        (C) child welfare;
                        (D) elementary and secondary education;
                        (E) sheltering, temporary housing, and affordable
                    housing;
                        (F) transportation;
                        (G) juvenile justice;
                        (H) evacuation; and
                        (I) relevant activities in emergency management;
                (2) identify, review, and evaluate existing laws,
            regulations, policies, and programs relevant to the needs of
            children as they relate to preparation for, response to, and
            recovery from all hazards, including major disasters and
            emergencies;
                (3) identify, review, and evaluate the lessons learned from
            past disasters and emergencies relative to addressing the needs
            of children; and
                (4) submit a report to the President and Congress on the
            Commission's specific findings, conclusions, and
            recommendations to address the needs of children as they relate
            to preparation for, response to, and recovery from all hazards,
            including major disasters and emergencies, including specific
            recommendations on the need for planning and establishing a
            national resource center on children and disasters,
            coordination of resources and services, administrative actions,
            policies, regulations, and legislative changes as the
            Commission considers appropriate.

    SEC. 607. POWERS OF COMMISSION.

        (a) Hearings.--The Commission may hold such hearings, meet and act
    at such times and places, and receive such evidence as may be necessary
    to carry out the functions of the Commission.
        (b) Information From Federal Agencies.--
                (1) In general.--The Commission may access, to the extent
            authorized by law, from any executive department, bureau,
            agency, board, commission, office, independent establishment,
            or instrumentality of the Federal Government such information,
            suggestions, estimates, and statistics as the Commission
            considers necessary to carry out this title.
                (2) Provision of information.--On written request of the
            Chairperson of the Commission, each department, bureau, agency,
            board, commission, office, independent establishment, or
            instrumentality shall, to the extent authorized by law, provide
            the requested information to the Commission.
                (3) Receipt, handling, storage, and dissemination.--
            Information shall only be received, handled, stored, and
            disseminated by members of the Commission and its staff
            consistent with all applicable statutes, regulations, and
            Executive orders.
        (c) Assistance From Federal Agencies.--
                (1) General services administration.--On request of the
            Chairperson of the Commission, the Administrator of General
            Services shall provide to the Commission, on a reimbursable
            basis, administrative support and other assistance necessary
            for the Commission to carry out its duties.
                (2) Other departments and agencies.--In addition to the
            assistance provided for under paragraph (1), departments and
            agencies of the United States may provide to the Commission
            such assistance as they may determine advisable and as
            authorized by law.
        (d) Contracting.--The Commission may enter into contracts to enable
    the Commission to discharge its duties under this title.
        (e) Donations.--The Commission may accept, use, and dispose of
    donations of services or property.
        (f) Postal Services.--The Commission may use the United States
    mails in the same manner and under the same conditions as a department
    or agency of the United States.

    SEC. 608. STAFF OF COMMISSION.

        (a) In General.--The Chairperson of the Commission, in consultation
    with the Vice Chairperson, in accordance with rules agreed upon by the
    Commission, may appoint and fix the compensation of a staff director
    and such other personnel as may be necessary to enable the Commission
    to carry out its functions, in accordance with the provisions of title
    5, United States Code, except that no rate of pay fixed under this
    subsection may exceed the equivalent of that payable for a position at
    level V of the Executive Schedule under section 5316 of title 5, United
    States Code.
        (b) Staff of Federal Agencies.--Upon request of the Chairperson of
    the Commission, the head of any executive department, bureau, agency,
    board, commission, office, independent establishment, or
    instrumentality of the Federal Government may detail, without
    reimbursement, any of its personnel to the Commission to assist it in
    carrying out its duties under this title. Any detail of an employee
    shall be without interruption or loss of civil service status or
    privilege.
        (c) Consultant Services.--The Commission is authorized to procure
    the services of experts and consultants in accordance with section 3109
    of title 5, United States Code, but at rates not to exceed the daily
    rate paid a person occupying a position at level IV of the Executive
    Schedule under section 5315 of title 5, United States Code.

    SEC. 609. TRAVEL EXPENSES.

        Each member of the Commission shall serve without compensation, but
    shall receive travel expenses, including per diem in lieu of
    subsistence, in accordance with applicable provisions in the same
    manner as persons employed intermittently in the Government service are
    allowed expenses under section 5703 of title 5, United States Code.

    SEC. 610. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.

        The provisions of the Federal Advisory Committee Act shall apply to
    the Commission, including the staff of the Commission.

    SEC. 611. REPORTS OF COMMISSION; TERMINATION.

        (a) Interim Report.--The Commission shall, not later than 1 year
    after the date of its first meeting, submit to the President and
    Congress an interim report containing specific findings, conclusions,
    and recommendations required under this title as have been agreed to by
    a majority of Commission members.
        (b) Other Reports and Information.--
                (1) Reports.--The Commission may issue additional reports
            as the Commission determines necessary.
                (2) Information.--The Commission may hold public hearings
            to collect information and shall make such information
            available for use by the public.
        (c) Final Report.--The Commission shall, not later than 2 years
    after the date of its first meeting, submit to the President and
    Congress a final report containing specific findings, conclusions, and
    recommendations required under this title as have been agreed to by a
    majority of Commission members.
        (d) Termination.--
                (1) In general.--The Commission, and all the authorities of
            this title, shall terminate 180 days after the date on which
            the final report is submitted under subsection (b).
                (2) Records.--Not later than the date of termination of the
            Commission under paragraph (1), all records and papers of the
            Commission shall be delivered to the Archivist of the United
            States for deposit in the National Archives.

    SEC. 612. AUTHORIZATION OF APPROPRIATIONS.

        There is authorized to be appropriated to carry out this title,
    $1,500,000 for each of fiscal years 2008 and 2009.

    SEC. 613. RULE OF CONSTRUCTION.

        Nothing in this title shall be construed to confer on the
    Commission purposes and duties that are the responsibility of the
    Congress.
        This division may be cited as the ``Departments of Labor, Health
    and Human Services, and Education, and Related Agencies Appropriations
    Act, 2008''.

            DIVISION H--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008

                                    TITLE I

                       LEGISLATIVE BRANCH APPROPRIATIONS

                                     SENATE

                               Expense Allowances

        For expense allowances of the Vice President, $20,000; the
    President Pro Tempore of the Senate, $40,000; Majority Leader of the
    Senate, $40,000; Minority Leader of the Senate, $40,000; Majority Whip
    of the Senate, $10,000; Minority Whip of the Senate, $10,000; President
    Pro Tempore emeritus, $15,000; Chairmen of the Majority and Minority
    Conference Committees, $5,000 for each Chairman; and Chairmen of the
    Majority and Minority Policy Committees, $5,000 for each Chairman; in
    all, $195,000.

        Representation Allowances for the Majority and Minority Leaders

        For representation allowances of the Majority and Minority Leaders
    of the Senate, $15,000 for each such Leader; in all, $30,000.

                        Salaries, Officers and Employees

        For compensation of officers, employees, and others as authorized
    by law, including agency contributions, $158,457,000, which shall be
    paid from this appropriation without regard to the following
    limitations:

                          office of the vice president

        For the Office of the Vice President, $2,316,000.

                      office of the president pro tempore

        For the Office of the President Pro Tempore, $620,000.

                  office of the president pro tempore emeritus

        For the Office of the President Pro Tempore emeritus, $309,000.

                  offices of the majority and minority leaders

        For Offices of the Majority and Minority Leaders, $4,796,000.

                   offices of the majority and minority whips

        For Offices of the Majority and Minority Whips, $2,912,000.

                          committee on appropriations

        For salaries of the Committee on Appropriations, $14,161,000.

                             conference committees

        For the Conference of the Majority and the Conference of the
    Minority, at rates of compensation to be fixed by the Chairman of each
    such committee, $1,587,000 for each such committee; in all, $3,174,000.

     offices of the secretaries of the conference of the majority and the
                           conference of the minority

        For Offices of the Secretaries of the Conference of the Majority
    and the Conference of the Minority, $778,000.

                               policy committees

        For salaries of the Majority Policy Committee and the Minority
    Policy Committee, $1,620,000 for each such committee; in all,
    $3,240,000.

                             office of the chaplain

        For Office of the Chaplain, $379,000.

                            office of the secretary

        For Office of the Secretary, $22,388,000.

                 office of the sergeant at arms and doorkeeper

        For Office of the Sergeant at Arms and Doorkeeper, $60,600,000.

            offices of the secretaries for the majority and minority

        For Offices of the Secretary for the Majority and the Secretary for
    the Minority, $1,684,000.

                   agency contributions and related expenses

        For agency contributions for employee benefits, as authorized by
    law, and related expenses, $41,100,000.

                Office of the Legislative Counsel of the Senate

        For salaries and expenses of the Office of the Legislative Counsel
    of the Senate, $6,280,000.

                         Office of Senate Legal Counsel

        For salaries and expenses of the Office of Senate Legal Counsel,
    $1,439,000.

    Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
    Doorkeeper of the Senate, and Secretaries for the Majority and Minority
                                 of the Senate

        For expense allowances of the Secretary of the Senate, $6,000;
    Sergeant at Arms and Doorkeeper of the Senate, $6,000; Secretary for
    the Majority of the Senate, $6,000; Secretary for the Minority of the
    Senate, $6,000; in all, $24,000.

                       Contingent Expenses of the Senate

                          inquiries and investigations

        For expenses of inquiries and investigations ordered by the Senate,
    or conducted under paragraph 1 of rule XXVI of the Standing Rules of
    the Senate, section 112 of the Supplemental Appropriations and
    Rescission Act, 1980 (Public Law 96-304), and Senate Resolution 281,
    96th Congress, agreed to March 11, 1980, $129,000,000.

    expenses of the united states senate caucus on international narcotics
                                    control

        For expenses of the United States Senate Caucus on International
    Narcotics Control, $520,000.

                            secretary of the senate

        For expenses of the Office of the Secretary of the Senate,
    $2,000,000.

                 sergeant at arms and doorkeeper of the senate

        For expenses of the Office of the Sergeant at Arms and Doorkeeper
    of the Senate, $142,389,000, which shall remain available until
    September 30, 2012.

                              miscellaneous items

        For miscellaneous items, $17,528,000, of which up to $500,000 shall
    be made available for a pilot program for mailings of postal patron
    postcards by Senators for the purpose of providing notice of a town
    meeting by a Senator in a county (or equivalent unit of local
    government) at which the Senator will personally attend: Provided, That
    any amount allocated to a Senator for such mailing shall not exceed 50
    percent of the cost of the mailing and the remaining cost shall be paid
    by the Senator from other funds available to the Senator.

            senators' official personnel and office expense account

        For Senators' Official Personnel and Office Expense Account,
    $375,704,000.

                              official mail costs

        For expenses necessary for official mail costs of the Senate,
    $300,000.

                           Administrative Provisions

        Sec. 1. Gross Rate of Compensation in Offices of Senators.
    Effective on and after October 1, 2007, each of the dollar amounts
    contained in the table under section 105(d)(1)(A) of the Legislative
    Branch Appropriations Act, 1968 (2 U.S.C. 61-1(d)(1)(A)) shall be
    deemed to be the dollar amounts in that table, as adjusted by law and
    in effect on September 30, 2007, increased by an additional $50,000
    each.
        Sec. 2. President pro Tempore Emeritus of the Senate. Section 7(e)
    of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note)
    is amended by striking ``and the 109th Congress'' and inserting ``, the
    109th Congress, and the 110th Congress''.
        Sec. 3. Offices of the Secretaries of the Conference of the
    Majority and the Conference of the Minority. (a) In General.--Upon the
    written request of the Secretary of the Conference of the Majority or
    the Secretary of the Conference of the Minority, the Secretary of the
    Senate shall transfer from the appropriations account appropriated
    under the subheading ``offices of the secretaries of the conference of
    the majority and the conference of the minority'' under the heading
    ``Salaries, Officers and Employees'' such amount as the Secretary of
    the Conference of the Majority or the Secretary of the Conference of
    the Minority shall specify to the appropriations account under the
    heading ``miscellaneous items'' within the contingent fund of the
    Senate.
        (b) Authority to Incur Expenses.--The Secretary of the Conference
    of the Majority or the Secretary of the Conference of the Minority may
    incur such expenses as may be necessary or appropriate. Expenses
    incurred by the Secretary of the Conference of the Majority or the
    Secretary of the Conference of the Minority shall be paid from the
    amount transferred under subsection (a) by the Secretary of the
    Conference of the Majority or the Secretary of the Conference of the
    Minority and upon vouchers approved by the Secretary of the Conference
    of the Majority or the Secretary of the Conference of the Minority, as
    applicable.
        (c) Authority to Advance Sums.--The Secretary of the Senate may
    advance such sums as may be necessary to defray expenses incurred in
    carrying out subsections (a) and (b).
        (d) Effective Date.--This section shall apply to fiscal year 2008
    and each fiscal year thereafter.
        Sec. 4. Uniform Limitation on Gross Compensation for Employees of
    Committees. (a) In General.--Section 105(e) of the Legislative Branch
    Appropriation Act, 1968 (2 U.S.C. 61-1(e)) is amended by striking
    paragraph (3) and inserting the following:
                ``(3)(A) In this paragraph--
                        ``(i) the term `committee of the Senate' means--
                                ``(I) any standing committee (including the
                            majority and minority policy committees) of the
                            Senate;
                                ``(II) any select committee (including the
                            conference majority and conference minority of
                            the Senate); or
                                ``(III) any joint committee the expenses of
                            which are paid from the contingent fund of the
                            Senate; and
                        ``(ii) an employee of a subcommittee shall be
                    considered to be an employee of the full committee.
                ``(B) Subject to adjustment as provided by law, no employee
            of a committee of the Senate shall be paid at a per annum gross
            rate in excess of $162,515.''.
        (b) Effective Date.--The amendment made by this section shall apply
    to fiscal year 2008 and each fiscal year thereafter.
        Sec. 5. United States Senate-Japan Interparliamentary Group. (a)
    Establishment and Meetings.--Not to exceed 12 Senators shall be
    appointed to meet once per Congress with representatives of the Diet of
    Japan for discussion of common problems in the interest of relations
    between the United States and Japan. The Senators so appointed shall be
    referred to as the ``United States group'' of the United States Senate-
    Japan Interparliamentary Group. The meetings shall take place in Japan
    and Washington, D.C. alternatively.
        (b) Appointment of Members.--The President of the Senate shall
    appoint Senators under this section, including a Chair and Vice Chair,
    upon recommendations of the majority and minority leaders of the
    Senate. Such appointments shall be for the duration of each Congress.
        (c) Funding.--There is authorized to be appropriated $100,000 for
    each Congress to assist in meeting the expenses of the United States
    group. Appropriations shall be disbursed on vouchers to be approved by
    the Chair of the United States group.
        (d) Certification of Expenditures.--A report of expenditures by the
    United States group shall be prepared and certified each Congress by
    the Chair.
        (e) Effective Date.--This section shall apply to fiscal year 2008,
    and each fiscal year thereafter.
        Sec. 6. Orientation Seminars. (a) In General.--Section 107(a) of
    the Supplemental Appropriations Act, 1979 (2 U.S.C. 69a; Public Law 96-
    38) is amended in the first sentence by striking ``$25,000'' and
    inserting ``$30,000''.
        (b) Effective Date.--The amendment made by this section shall apply
    with respect to fiscal year 2008 and each fiscal year thereafter.
        Sec. 7. Media Support Services. (a) Definitions.--In this section,
    the terms ``national committee'' and ``political party'' have the
    meaning given such terms in section 301 of the Federal Election
    Campaign Act of 1971 (2 U.S.C. 431).
        (b) In General.--The official duties of employees of the Sergeant
    at Arms and Doorkeeper of the Senate under the Senate Daily Press
    Gallery, the Senate Periodical Press Gallery, the Senate Press
    Photographers Gallery, and the Senate Radio and Television
    Correspondents Gallery may include providing media support services
    with respect to the presidential nominating conventions of the national
    committees of political parties.
        (c) Approval of Sergeant at Arms.--The terms and conditions under
    which employees perform official duties under subsection (b) shall be
    subject to the approval of the Sergeant at Arms and Doorkeeper of the
    Senate.
        (d) Effective Date.--This section shall apply to fiscal year 2008
    and each fiscal year thereafter.
        Sec. 8. Consultants. With respect to fiscal year 2008, the first
    sentence of section 101(a) of the Supplemental Appropriations Act, 1977
    (2 U.S.C. 61h-6(a)) shall be applied by substituting ``nine individual
    consultants'' for ``eight individual consultants''.

                            HOUSE OF REPRESENTATIVES

                             salaries and expenses

        For salaries and expenses of the House of Representatives,
    $1,188,211,000, as follows:

                            house leadership offices

        For salaries and expenses, as authorized by law, $24,048,000,
    including: Office of the Speaker, $4,761,000, including $25,000 for
    official expenses of the Speaker; Office of the Majority Floor Leader,
    $2,388,000, including $10,000 for official expenses of the Majority
    Leader; Office of the Minority Floor Leader, $4,290,000, including
    $10,000 for official expenses of the Minority Leader; Office of the
    Majority Whip, including the Chief Deputy Majority Whip, $1,894,000,
    including $5,000 for official expenses of the Majority Whip; Office of
    the Minority Whip, including the Chief Deputy Minority Whip,
    $1,420,000, including $5,000 for official expenses of the Minority
    Whip; Speaker's Office for Legislative Floor Activities, $499,000;
    Republican Steering Committee, $943,000; Republican Conference,
    $1,631,000; Republican Policy Committee, $325,000; Democratic Steering
    and Policy Committee, $1,295,000; Democratic Caucus, $1,604,000; nine
    minority employees, $1,498,000; training and program development--
    majority, $290,000; training and program development--minority,
    $290,000; Cloakroom Personnel--majority, $460,000; and Cloakroom
    Personnel--minority, $460,000.

                      Members' Representational Allowances

       Including Members' Clerk Hire, Official Expenses of Members, and
                                 Official Mail

        For Members' representational allowances, including Members' clerk
    hire, official expenses, and official mail, $581,000,000.

                              Committee Employees

                    Standing Committees, Special and Select

        For salaries and expenses of standing committees, special and
    select, authorized by House resolutions, $133,000,000: Provided, That
    such amount shall remain available for such salaries and expenses until
    December 31, 2008.

                          Committee on Appropriations

        For salaries and expenses of the Committee on Appropriations,
    $32,203,700, including studies and examinations of executive agencies
    and temporary personal services for such committee to be expended in
    accordance with section 202(b) of the Legislative Reorganization Act of
    1946 and to be available for reimbursement to agencies for services
    performed: Provided, That such amount shall remain available for such
    salaries and expenses until December 31, 2008: Provided further, That
    $2,403,700 shall be derived from prior year unobligated balances from
    funds previously appropriated to the Committee on Appropriations.

                        Salaries, Officers and Employees

        For compensation and expenses of officers and employees, as
    authorized by law, $166,785,000, including: for salaries and expenses
    of the Office of the Clerk, including not more than $13,000, of which
    not more than $10,000 is for the Family Room, for official
    representation and reception expenses, $22,423,000; for salaries and
    expenses of the Office of the Sergeant at Arms, including the position
    of Superintendent of Garages, and including not more than $3,000 for
    official representation and reception expenses, $6,884,000; for
    salaries and expenses of the Office of the Chief Administrative
    Officer, $114,553,000, of which $6,269,000 shall remain available until
    expended; for salaries and expenses of the Office of the Inspector
    General, $4,368,000; for salaries and expenses of the Office of
    Emergency Planning, Preparedness and Operations, $3,049,000, to remain
    available until expended; for salaries and expenses of the Office of
    General Counsel, $1,178,000; for the Office of the Chaplain, $166,000;
    for salaries and expenses of the Office of the Parliamentarian,
    including the Parliamentarian, $2,000 for preparing the Digest of
    Rules, and not more than $1,000 for official representation and
    reception expenses, $1,799,000; for salaries and expenses of the Office
    of the Law Revision Counsel of the House, $2,939,000; for salaries and
    expenses of the Office of the Legislative Counsel of the House,
    $7,258,000; for salaries and expenses of the Office of
    Interparliamentary Affairs, $702,000; for other authorized employees,
    $1,016,000; and for salaries and expenses of the Office of the
    Historian, $450,000.

                            Allowances and Expenses

        For allowances and expenses as authorized by House resolution or
    law, $254,174,000, including: supplies, materials, administrative costs
    and Federal tort claims, $3,588,000; official mail for committees,
    leadership offices, and administrative offices of the House, $310,000;
    Government contributions for health, retirement, Social Security, and
    other applicable employee benefits, $227,455,000; supplies, materials,
    and other costs relating to the House portion of expenses for the
    Capitol Visitor Center, $2,262,000, to remain available until expended;
    Business Continuity and Disaster Recovery, $16,856,000, of which
    $5,408,000 shall remain available until expended; and miscellaneous
    items including purchase, exchange, maintenance, repair and operation
    of House motor vehicles, interparliamentary receptions, and gratuities
    to heirs of deceased employees of the House, $703,000.

                               Child Care Center

        For salaries and expenses of the House of Representatives Child
    Care Center, such amounts as are deposited in the account established
    by section 312(d)(1) of the Legislative Branch Appropriations Act, 1992
    (2 U.S.C. 2112), subject to the level specified in the budget of the
    Center, as submitted to the Committee on Appropriations of the House of
    Representatives.

                           Administrative Provisions

        Sec. 101. (a) Requiring Amounts Remaining in Members'
    Representational Allowances To Be Used for Deficit Reduction or To
    Reduce the Federal Debt.--Notwithstanding any other provision of law,
    any amounts appropriated under this Act for ``HOUSE OF
    REPRESENTATIVES--Salaries and Expenses--Members' Representational
    Allowances'' shall be available only for fiscal year 2008. Any amount
    remaining after all payments are made under such allowances for fiscal
    year 2008 shall be deposited in the Treasury and used for deficit
    reduction (or, if there is no Federal budget deficit after all such
    payments have been made, for reducing the Federal debt, in such manner
    as the Secretary of the Treasury considers appropriate).
        (b) Regulations.--The Committee on House Administration of the
    House of Representatives shall have authority to prescribe regulations
    to carry out this section.
        (c) Definition.--As used in this section, the term ``Member of the
    House of Representatives'' means a Representative in, or a Delegate or
    Resident Commissioner to, the Congress.
        Sec. 102. Contract for Exercise Facility.--(a) Section 103(a) of
    the Legislative Branch Appropriations Act, 2005 (Public Law 108-447;
    118 Stat. 3175), is amended by striking ``private entity'' and
    inserting ``public or private entity''.
        (b) The amendment made by subsection (a) shall take effect as if
    included in the enactment of the Legislative Branch Appropriations Act,
    2005.
        Sec. 103. Deposits.--(a) The second sentence of section 101 of the
    Legislative Branch Appropriations Act, 1996 (2 U.S.C. 117j) is amended
    by striking ``deposited in the Treasury as miscellaneous receipts'' and
    inserting ``deposited in the Treasury for credit to the account of the
    Office of the Chief Administrative Officer''.
        (b) The amendments made by this section shall apply with respect to
    fiscal year 2008 and each succeeding fiscal year.
        Sec. 104. House Services Revolving Fund.--(a) Section 105(b) of the
    Legislative Branch Appropriations Act, 2005 (2 U.S.C. 117m(b)) is
    amended by striking ``the Chief Administrative Officer'' and inserting
    the following: ``the Chief Administrative Officer, including purposes
    relating to energy and water conservation and environmental activities
    carried out in buildings, facilities, and grounds under the Chief
    Administrative Officer's jurisdiction,''.
        (b) The amendments made by this section shall apply with respect to
    fiscal year 2008 and each succeeding fiscal year.
        Sec. 105. Adjustment.--The first sentence of section 5 of House
    Resolution 1238, Ninety-first Congress, agreed to December 22, 1970 (as
    enacted into permanent law by chapter VIII of the Supplemental
    Appropriations Act, 1971) (2 U.S.C. 31b-5), is amended by striking
    ``step 1 of level 6'' and inserting ``step 7 of level 11''.

                                  JOINT ITEMS

        For Joint Committees, as follows:

                            Joint Economic Committee

        For salaries and expenses of the Joint Economic Committee,
    $4,398,000, to be disbursed by the Secretary of the Senate.

                          Joint Committee on Taxation

        For salaries and expenses of the Joint Committee on Taxation,
    $9,220,000, to be disbursed by the Chief Administrative Officer of the
    House of Representatives.

         Joint Congressional Committee on Inaugural Ceremonies of 2009

        For salaries and expenses associated with conducting the inaugural
    ceremonies of the President and Vice President of the United States,
    January 20, 2009, in accordance with such program as may be adopted by
    the joint congressional committee authorized to conduct the inaugural
    ceremonies of 2009, $1,240,000 to be disbursed by the Secretary of the
    Senate and to remain available until September 30, 2009. Funds made
    available under this heading shall be available for payment, on a
    direct or reimbursable basis, whether incurred on, before, or after,
    October 1, 2008: Provided, That the compensation of any employee of the
    Committee on Rules and Administration of the Senate who has been
    designated to perform service with respect to the inaugural ceremonies
    of 2009 shall continue to be paid by the Committee on Rules and
    Administration, but the account from which such staff member is paid
    may be reimbursed for the services of the staff member (including
    agency contributions when appropriate) out of funds made available
    under this heading.
        For other joint items, as follows:

                       Office of the Attending Physician

        For medical supplies, equipment, and contingent expenses of the
    emergency rooms, and for the Attending Physician and his assistants,
    including: (1) an allowance of $2,175 per month to the Attending
    Physician; (2) an allowance of $725 per month each to four medical
    officers while on duty in the Office of the Attending Physician; (3) an
    allowance of $725 per month to two assistants and $580 per month each
    not to exceed 11 assistants on the basis heretofore provided for such
    assistants; and (4) $2,063,000 for reimbursement to the Department of
    the Navy for expenses incurred for staff and equipment assigned to the
    Office of the Attending Physician, which shall be advanced and credited
    to the applicable appropriation or appropriations from which such
    salaries, allowances, and other expenses are payable and shall be
    available for all the purposes thereof, $2,798,000, to be disbursed by
    the Chief Administrative Officer of the House of Representatives.

               Capitol Guide Service and Special Services Office

        For salaries and expenses of the Capitol Guide Service and Special
    Services Office, $5,348,000, to be disbursed by the Secretary of the
    Senate.

                          Statements of Appropriations

        For the preparation, under the direction of the Committees on
    Appropriations of the Senate and the House of Representatives, of the
    statements for the first session of the 110th Congress, showing
    appropriations made, indefinite appropriations, and contracts
    authorized, together with a chronological history of the regular
    appropriations bills as required by law, $30,000, to be paid to the
    persons designated by the chairmen of such committees to supervise the
    work.

                                 CAPITOL POLICE

                                    Salaries

        For salaries of employees of the Capitol Police, including
    overtime, hazardous duty pay differential, and Government contributions
    for health, retirement, social security, professional liability
    insurance, and other applicable employee benefits, $232,800,000, to be
    disbursed by the Chief of the Capitol Police or his designee.

                                General Expenses

        For necessary expenses of the Capitol Police, including motor
    vehicles, communications and other equipment, security equipment and
    installation, uniforms, weapons, supplies, materials, training, medical
    services, forensic services, stenographic services, personal and
    professional services, the employee assistance program, the awards
    program, postage, communication services, travel advances, relocation
    of instructor and liaison personnel for the Federal Law Enforcement
    Training Center, and not more than $5,000 to be expended on the
    certification of the Chief of the Capitol Police in connection with
    official representation and reception expenses, $48,900,000, to be
    disbursed by the Chief of the Capitol Police or his designee: Provided,
    That, notwithstanding any other provision of law, the cost of basic
    training for the Capitol Police at the Federal Law Enforcement Training
    Center for fiscal year 2008 shall be paid by the Secretary of Homeland
    Security from funds available to the Department of Homeland Security.

                           Administrative Provisions

                         (including transfer of funds)

        Sec. 1001. Transfer Authority.--Amounts appropriated for fiscal
    year 2008 for the Capitol Police may be transferred between the
    headings ``salaries'' and ``general expenses'' upon the approval of the
    Committees on Appropriations of the House of Representatives and the
    Senate.
        Sec. 1002. Advance Payments.--During fiscal year 2008 and each
    succeeding fiscal year, following notification of the Committees on
    Appropriations of the House of Representatives and the Senate, the
    Chief of the Capitol Police may make payments in advance for
    obligations of the United States Capitol Police for subscription
    services if the Chief determines it to be more prompt, efficient, or
    economical to do so.
        Sec. 1003. Utility Tunnel Repairs.--(a) From the unexpended
    balances available under the heading ``Architect of the Capitol,
    Capitol Power Plant'' in chapter 6 of title V of the U.S. Troop
    Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
    Appropriations Act, 2007 (Public Law 110-28; 111 Stat. 167), $876,000
    are hereby rescinded.
        (b) In addition to the amounts otherwise made available in this Act
    under the heading ``Capitol Police, Salaries'', there is appropriated
    $876,000 for expenses under such heading resulting from any utility
    tunnel repairs and asbestos abatement activities carried out by the
    Architect of the Capitol: Provided, That the amount provided by this
    section is designated as described in section 5 (in the matter
    preceding division A of this consolidated Act).
        Sec. 1004. United States Capitol Police and Library of Congress
    Police Merger. (a) Short Title.--This section may be cited as the
    ``U.S. Capitol Police and Library of Congress Police Merger
    Implementation Act of 2007''.
        (b) Transfer of Personnel.--
                (1) Transfers.--
                        (A) Library of congress police employees.--
                    Effective on the employee's transfer date, each Library
                    of Congress Police employee shall be transferred to the
                    United States Capitol Police and shall become either a
                    member or civilian employee of the Capitol Police, as
                    determined by the Chief of the Capitol Police under
                    paragraph (2).
                        (B) Library of congress police civilian
                    employees.--Effective on the employee's transfer date,
                    each Library of Congress Police civilian employee shall
                    be transferred to the United States Capitol Police and
                    shall become a civilian employee of the Capitol Police.
                (2) Treatment of library of congress police employees.--
                        (A) Determination of status within capitol
                    police.--
                                (i) Eligibility to serve as members of the
                            capitol police.--A Library of Congress Police
                            employee shall become a member of the Capitol
                            Police on the employee's transfer date if the
                            Chief of the Capitol Police determines and
                            issues a written certification that the
                            employee meets each of the following
                            requirements:
                                        (I) Based on the assumption that
                                    such employee would perform a period of
                                    continuous Federal service after the
                                    transfer date, the employee would be
                                    entitled to an annuity for immediate
                                    retirement under section 8336(b) or
                                    8412(b) of title 5, United States Code
                                    (as determined by taking into account
                                    subparagraph (C)(i)), on the date such
                                    employee becomes 60 years of age.
                                        (II) During the transition period,
                                    the employee successfully completes
                                    training, as determined by the Chief of
                                    the Capitol Police.
                                        (III) The employee meets the
                                    qualifications required to be a member
                                    of the Capitol Police, as determined by
                                    the Chief of the Capitol Police.
                                (ii) Service as civilian employee of
                            capitol police.--If the Chief of the Capitol
                            Police determines that a Library of Congress
                            Police employee does not meet the eligibility
                            requirements, the employee shall become a
                            civilian employee of the Capitol Police on the
                            employee's transfer date.
                                (iii) Finality of determinations.--Any
                            determination of the Chief of the Capitol
                            Police under this subparagraph shall not be
                            appealable or reviewable in any manner.
                                (iv) Deadline for determinations.--The
                            Chief of the Capitol Police shall complete the
                            determinations required under this subparagraph
                            for all Library of Congress Police employees
                            not later than September 30, 2009.
                        (B) Exemption from mandatory separation.--Section
                    8335(c) or 8425(c) of title 5, United States Code,
                    shall not apply to any Library of Congress Police
                    employee who becomes a member of the Capitol Police
                    under this subsection, until the earlier of--
                                (i) the date on which the individual is
                            entitled to an annuity for immediate retirement
                            under section 8336(b) or 8412(b) of title 5,
                            United States Code; or
                                (ii) the date on which the individual--
                                        (I) is 57 years of age or older;
                                    and
                                        (II) is entitled to an annuity for
                                    immediate retirement under section
                                    8336(m) or 8412(d) of title 5, United
                                    States Code, (as determined by taking
                                    into account subparagraph (C)(i)).
                        (C) Treatment of prior creditable service for
                    retirement purposes.--
                                (i) Prior service for purposes of
                            eligibility for immediate retirement as member
                            of capitol police.--Any Library of Congress
                            Police employee who becomes a member of the
                            Capitol Police under this subsection shall be
                            entitled to have any creditable service under
                            section 8332 or 8411 of title 5, United States
                            Code, that was accrued prior to becoming a
                            member of the Capitol Police included in
                            calculating the employee's service as a member
                            of the Capitol Police for purposes of section
                            8336(m) or 8412(d) of title 5, United States
                            Code.
                                (ii) Prior service for purposes of
                            computation of annuity.--Any creditable service
                            under section 8332 or 8411 of title 5, United
                            States Code, of an individual who becomes a
                            member of the Capitol Police under this
                            paragraph that was accrued prior to becoming a
                            member of the Capitol Police--
                                        (I) shall be treated and computed
                                    as employee service under section 8339
                                    or section 8415 of such title; but
                                        (II) shall not be treated as
                                    service as a member of the Capitol
                                    Police or service as a congressional
                                    employee for purposes of applying any
                                    formula under section 8339(b), 8339(q),
                                    8415(c), or 8415(d) of such title under
                                    which a percentage of the individual's
                                    average pay is multiplied by the years
                                    (or other period) of such service.
                (3) Duties of employees transferred to civilian
            positions.--
                        (A) Duties.--The duties of any individual who
                    becomes a civilian employee of the Capitol Police under
                    this section, including a Library of Congress Police
                    civilian employee under paragraph (1)(B) and a Library
                    of Congress Police employee who becomes a civilian
                    employee of the Capitol Police under paragraph
                    (2)(A)(ii), shall be determined solely by the Chief of
                    the Capitol Police, except that a Library of Congress
                    Police civilian employee under paragraph (1)(B) shall
                    continue to support Library of Congress police
                    operations until all Library of Congress Police
                    employees are transferred to the United States Capitol
                    Police under this section.
                        (B) Finality of determinations.--Any determination
                    of the Chief of the Capitol Police under this paragraph
                    shall not be appealable or reviewable in any manner.
                (4) Protecting status of transferred employees.--
                        (A) Nonreduction in pay, rank, or grade.--The
                    transfer of any individual under this subsection shall
                    not cause that individual to be separated or reduced in
                    basic pay, rank or grade.
                        (B) Leave and compensatory time.--Any annual leave,
                    sick leave, or other leave, or compensatory time, to
                    the credit of an individual transferred under this
                    subsection shall be transferred to the credit of that
                    individual as a member or an employee of the Capitol
                    Police (as the case may be). The treatment of leave or
                    compensatory time transferred under this subsection
                    shall be governed by regulations of the Capitol Police
                    Board.
                        (C) Prohibiting imposition of probationary
                    period.--The Chief of the Capitol Police may not impose
                    a period of probation on any individual who is
                    transferred under this section.
                (5) Rules of construction relating to employee
            representation.--
                        (A) Employee representation.--Nothing in this
                    section shall be construed to authorize any labor
                    organization that represented an individual who was a
                    Library of Congress police employee or a Library of
                    Congress police civilian employee before the
                    individual's transfer date to represent that individual
                    as a member of the Capitol Police or an employee of the
                    Capitol Police after the individual's transfer date.
                        (B) Agreements not applicable.--Nothing in this
                    section shall be construed to authorize any collective
                    bargaining agreement (or any related court order,
                    stipulated agreement, or agreement to the terms or
                    conditions of employment) applicable to Library of
                    Congress police employees or to Library of Congress
                    police civilian employees to apply to members of the
                    Capitol Police or to civilian employees of the Capitol
                    Police.
                (6) Rule of construction relating to personnel authority of
            the chief of the capitol police.--Nothing in this section shall
            be construed to affect the authority of the Chief of the
            Capitol Police to--
                        (A) terminate the employment of a member of the
                    Capitol Police or a civilian employee of the Capitol
                    Police; or
                        (B) transfer any individual serving as a member of
                    the Capitol Police or a civilian employee of the
                    Capitol Police to another position with the Capitol
                    Police.
                (7) Transfer date defined.--In this section, the term
            ``transfer date'' means, with respect to an employee--
                        (A) in the case of a Library of Congress Police
                    employee who becomes a member of the Capitol Police,
                    the first day of the first pay period applicable to
                    members of the United States Capitol Police which
                    begins after the date on which the Chief of the Capitol
                    Police issues the written certification for the
                    employee under paragraph (2)(A);
                        (B) in the case of a Library of Congress Police
                    employee who becomes a civilian employee of the Capitol
                    Police, the first day of the first pay period
                    applicable to employees of the United States Capitol
                    Police which begins after September 30, 2009; or
                        (C) in the case of a Library of Congress Police
                    civilian employee, the first day of the first pay
                    period applicable to employees of the United States
                    Capitol Police which begins after September 30, 2008.
                (8) Cancellation in portion of unobligated balance of
            fedlink revolving fund .--Amounts available for obligation by
            the Librarian of Congress as of the date of the enactment of
            this Act from the unobligated balance in the revolving fund
            established under section 103 of the Library of Congress Fiscal
            Operations Improvement Act of 2000 (2 U.S.C. 182c) for the
            Federal Library and Information Network program of the Library
            of Congress and the Federal Research program of the Library of
            Congress are reduced by a total of $560,000, and the amount so
            reduced is hereby cancelled.
        (c) Transition Provisions.--
                (1) Transfer and allocations of property and
            appropriations.--
                        (A) In general.--Effective on the transfer date of
                    any Library of Congress Police employee and Library of
                    Congress Police civilian employee who is transferred
                    under this section--
                                (i) the assets, liabilities, contracts,
                            property, and records associated with the
                            employee shall be transferred to the Capitol
                            Police; and
                                (ii) the unexpended balances of
                            appropriations, authorizations, allocations,
                            and other funds employed, used, held, arising
                            from, available to, or to be made available in
                            connection with the employee shall be
                            transferred to and made available under the
                            appropriations accounts for the Capitol Police
                            for ``Salaries'' and ``General Expenses'', as
                            applicable.
                        (B) Joint review.--During the transition period,
                    the Chief of the Capitol Police and the Librarian of
                    Congress shall conduct a joint review of the assets,
                    liabilities, contracts, property records, and
                    unexpended balances of appropriations, authorizations,
                    allocations, and other funds employed, used, held,
                    arising from, available to, or to be made available in
                    connection with the transfer under this section.
                (2) Treatment of alleged violations of certain employment
            laws with respect to transferred individuals.--
                        (A) In general.--Notwithstanding any other
                    provision of law and except as provided in subparagraph
                    (C), in the case of an alleged violation of any covered
                    law (as defined in subparagraph (D)) which is alleged
                    to have occurred prior to the transfer date with
                    respect to an individual who is transferred under this
                    section, and for which the individual has not exhausted
                    all of the remedies available for the consideration of
                    the alleged violation which are provided for employees
                    of the Library of Congress under the covered law prior
                    to the transfer date, the following shall apply:
                                (i) The individual may not initiate any
                            procedure which is available for the
                            consideration of the alleged violation of the
                            covered law which is provided for employees of
                            the Library of Congress under the covered law.
                                (ii) To the extent that the individual has
                            initiated any such procedure prior to the
                            transfer date, the procedure shall terminate
                            and have no legal effect.
                                (iii) Subject to subparagraph (B), the
                            individual may initiate and participate in any
                            procedure which is available for the resolution
                            of grievances of officers and employees of the
                            Capitol Police under the Congressional
                            Accountability Act of 1995 (2 U.S.C. 1301 et
                            seq.) to provide for consideration of the
                            alleged violation. The previous sentence does
                            not apply in the case of an alleged violation
                            for which the individual exhausted all of the
                            available remedies which are provided for
                            employees of the Library of Congress under the
                            covered law prior to the transfer date.
                        (B) Special rules for applying congressional
                    accountability act of 1995.--In applying subparagraph
                    (A)(iii) with respect to an individual to whom this
                    subsection applies, for purposes of the consideration
                    of the alleged violation under the Congressional
                    Accountability Act of 1995--
                                (i) the date of the alleged violation shall
                            be the individual's transfer date;
                                (ii) notwithstanding the third sentence of
                            section 402(a) of such Act (2 U.S.C. 1402(a)),
                            the individual's request for counseling under
                            such section shall be made not later than 60
                            days after the date of the alleged violation;
                            and
                                (iii) the employing office of the
                            individual at the time of the alleged violation
                            shall be the Capitol Police Board.
                        (C) Exception for alleged violations subject to
                    hearing prior to transfer.--Subparagraph (A) does not
                    apply with respect to an alleged violation for which a
                    hearing has commenced in accordance with the covered
                    law on or before the transfer date.
                        (D) Covered law defined.--In this paragraph, a
                    ``covered law'' is any law for which the remedy for an
                    alleged violation is provided for officers and
                    employees of the Capitol Police under the Congressional
                    Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
                (3) Availability of detailees during transition period.--
            During the transition period, the Chief of the Capitol Police
            may detail additional members of the Capitol Police to the
            Library of Congress, without reimbursement.
                (4) Effect on existing memorandum of understanding.--The
            Memorandum of Understanding between the Library of Congress and
            the Capitol Police entered into on December 12, 2004, shall
            remain in effect during the transition period, subject to--
                        (A) the provisions of this section; and
                        (B) such modifications as may be made in accordance
                    with the modification and dispute resolution provisions
                    of the Memorandum of Understanding, consistent with the
                    provisions of this section.
                (5) Rule of construction relating to personnel authority of
            the librarian of congress.--Nothing in this section shall be
            construed to affect the authority of the Librarian of Congress
            to--
                        (A) terminate the employment of a Library of
                    Congress Police employee or Library of Congress Police
                    civilian employee; or
                        (B) transfer any individual serving in a Library of
                    Congress Police employee position or Library of
                    Congress Police civilian employee position to another
                    position at the Library of Congress.
        (d) Police Jurisdiction, Unlawful Activities, and Penalties.--
                (1) Jurisdiction.--
                        (A) Extension of capitol police jurisdiction.--
                    Section 9 of the Act entitled ``An Act to define the
                    area of the United States Capitol Grounds, to regulate
                    the use thereof, and for other purposes'', approved
                    July 31, 1946 (2 U.S.C. 1961) is amended by adding at
                    the end the following:
        ``(d) For purposes of this section, `United States Capitol
    Buildings and Grounds' shall include the Library of Congress buildings
    and grounds described under section 11 of the Act entitled `An Act
    relating to the policing of the buildings of the Library of Congress',
    approved August 4, 1950 (2 U.S.C. 167j), except that in a case of
    buildings or grounds not located in the District of Columbia, the
    authority granted to the Metropolitan Police Force of the District of
    Columbia shall be granted to any police force within whose jurisdiction
    the buildings or grounds are located.''.
                        (B) Repeal of library of congress police
                    jurisdiction.--The first section and sections 7 and 9
                    of the Act of August 4, 1950 (2 U.S.C. 167, 167f, 167h)
                    are repealed on October 1, 2009.
                (2) Unlawful activities and penalties.--
                        (A) Extension of united states capitol buildings
                    and grounds provisions to the library of congress
                    buildings and grounds.--
                                (i) Capitol buildings.--Section 5101 of
                            title 40, United States Code, is amended by
                            inserting ``all buildings on the real property
                            described under section 5102(d)'' after
                            ``(including the Administrative Building of the
                            United States Botanic Garden)''.
                                (ii) Capitol grounds.--Section 5102 of
                            title 40, United States Code, is amended by
                            adding at the end the following:
        ``(d) Library of Congress Buildings and Grounds.--
                ``(1) In general.--Except as provided under paragraph (2),
            the United States Capitol Grounds shall include the Library of
            Congress grounds described under section 11 of the Act entitled
            `An Act relating to the policing of the buildings of the
            Library of Congress', approved August 4, 1950 (2 U.S.C. 167j).
                ``(2) Authority of librarian of congress.--Notwithstanding
            subsections (a) and (b), the Librarian of Congress shall retain
            authority over the Library of Congress buildings and grounds in
            accordance with section 1 of the Act of June 29, 1922 (2 U.S.C.
            141; 42 Stat. 715).''.
                                (iii) Conforming amendment relating to
                            disorderly conduct.--Section 5104(e)(2) of
                            title 40, United States Code, is amended by
                            striking subparagraph (C) and inserting the
                            following:
                                ``(C) with the intent to disrupt the
                            orderly conduct of official business, enter or
                            remain in a room in any of the Capitol
                            Buildings set aside or designated for the use
                            of--
                                        ``(i) either House of Congress or a
                                    Member, committee, officer, or employee
                                    of Congress, or either House of
                                    Congress; or
                                        ``(ii) the Library of Congress;''.
                        (B) Repeal of offenses and penalties specific to
                    the library of congress.--Sections 2, 3, 4, 5, 6, and 8
                    of the Act of August 4, 1950 (2 U.S.C. 167a, 167b,
                    167c, 167d, 167e, and 167g) are repealed.
                        (C) Suspension of prohibitions against use of
                    library of congress buildings and grounds.--Section 10
                    of the Act of August 4, 1950 (2 U.S.C. 167i) is amended
                    by striking ``2 to 6, inclusive, of this Act'' and
                    inserting ``5103 and 5104 of title 40, United States
                    Code''.
                        (D) Conforming amendment to description of library
                    of congress grounds.--Section 11 of the Act of August
                    4, 1950 (2 U.S.C. 167j) is amended--
                                (i) in subsection (a), by striking ``For
                            the purposes of this Act the'' and inserting
                            ``The'';
                                (ii) in subsection (b), by striking ``For
                            the purposes of this Act the'' and inserting
                            ``The'';
                                (iii) in subsection (c), by striking ``For
                            the purposes of this Act the'' and inserting
                            ``The''; and
                                (iv) in subsection (d), by striking ``For
                            the purposes of this Act the'' and inserting
                            ``The''.
                (3) Conforming amendment relating to jurisdiction of
            inspector general of library of congress.--Section 1307(b)(1)
            of the Legislative Branch Appropriations Act, 2006 (2 U.S.C.
            185(b)), is amended by striking the semicolon at the end and
            inserting the following: ``, except that nothing in this
            paragraph may be construed to authorize the Inspector General
            to audit or investigate any operations or activities of the
            United States Capitol Police;''.
                (4) Effective date.--The amendments made by this section
            shall take effect October 1, 2009.
        (e) Collections, Physical Security, Control, and Preservation of
    Order and Decorum Within the Library.--
                (1) Establishment of regulations.--The Librarian of
            Congress shall establish standards and regulations for the
            physical security, control, and preservation of the Library of
            Congress collections and property, and for the maintenance of
            suitable order and decorum within Library of Congress.
                (2) Treatment of security systems.--
                        (A) Responsibility for security systems.--In
                    accordance with the authority of the Capitol Police and
                    the Librarian of Congress established under this
                    section, the amendments made by this section, and the
                    provisions of law referred to in subparagraph (C), the
                    Chief of the Capitol Police and the Librarian of
                    Congress shall be responsible for the operation of
                    security systems at the Library of Congress buildings
                    and grounds described under section 11 of the Act of
                    August 4, 1950, in consultation and coordination with
                    each other, subject to the following:
                                (i) The Librarian of Congress shall be
                            responsible for the design of security systems
                            for the control and preservation of Library
                            collections and property, subject to the review
                            and approval of the Chief of the Capitol
                            Police.
                                (ii) The Librarian of Congress shall be
                            responsible for the operation of security
                            systems at any building or facility of the
                            Library of Congress which is located outside of
                            the District of Columbia, subject to the review
                            and approval of the Chief of the Capitol
                            Police.
                        (B) Initial proposal for operation of systems.--Not
                    later than October 1, 2008, the Chief of the Capitol
                    Police, in coordination with the Librarian of Congress,
                    shall prepare and submit to the Committee on House
                    Administration of the House of Representatives, the
                    Committee on Rules and Administration of the Senate,
                    and the Committees on Appropriations of the House of
                    Representatives and the Senate an initial proposal for
                    carrying out this paragraph.
                        (C) Provisions of law.--The provisions of law
                    referred to in this subparagraph are as follows:
                                (i) Section 1 of the Act of June 29, 1922
                            (2 U.S.C. 141).
                                (ii) The undesignated provision under the
                            heading ``General Provision, This Chapter'' in
                            chapter 5 of title II of division B of the
                            Omnibus Consolidated and Emergency Supplemental
                            Appropriations Act, 1999 (2 U.S.C. 141a).
                                (iii) Section 308 of the Legislative Branch
                            Appropriations Act, 1996 (2 U.S.C. 1964).
                                (iv) Section 308 of the Legislative Branch
                            Appropriations Act, 1997 (2 U.S.C. 1965).
        (f) Payment of Capitol Police Services Provided in Connection With
    Relating to Library of Congress Special Events.--
                (1) Payments of amounts deposited in revolving fund.--
            Section 102(e) of the Library of Congress Fiscal Operations
            Improvement Act of 2000 (2 U.S.C. 182b(e)) is amended to read
            as follows:
        ``(e) Use of Amounts.--
                ``(1) In general.--Except as provided in paragraph (2),
            amounts in the accounts of the revolving fund under this
            section shall be available to the Librarian, in amounts
            specified in appropriations Acts and without fiscal year
            limitation, to carry out the programs and activities covered by
            such accounts.
                ``(2) Special rule for payments for certain capitol police
            services.--In the case of any amount in the revolving fund
            consisting of a payment received for services of the United
            States Capitol Police in connection with a special event or
            program described in subsection (a)(4), the Librarian shall
            transfer such amount upon receipt to the Capitol Police for
            deposit into the applicable appropriations accounts of the
            Capitol Police.''.
                (2) Use of other library funds to make payments.--In
            addition to amounts transferred pursuant to section 102(e)(2)
            of the Library of Congress Fiscal Operations Improvement Act of
            2000 (as added by paragraph (1)), the Librarian of Congress may
            transfer amounts made available for salaries and expenses of
            the Library of Congress during a fiscal year to the applicable
            appropriations accounts of the United States Capitol Police in
            order to reimburse the Capitol Police for services provided in
            connection with a special event or program described in section
            102(a)(4) of such Act.
                (3) Effective date.--The amendments made by this subsection
            shall apply with respect to services provided by the United
            States Capitol Police on or after the date of the enactment of
            this Act.
        (g) Other Conforming Amendments.--
                (1) In general.--Section 1015 of the Legislative Branch
            Appropriations Act, 2003 (2 U.S.C. 1901 note) and section 1006
            of the Legislative Branch Appropriations Act, 2004 (2 U.S.C.
            1901 note; Public Law 108-83; 117 Stat. 1023) are repealed.
                (2) Effective date.--The amendments made by paragraph (1)
            shall take effect October 1, 2009.
        (h) Definitions.--In this section--
                (1) the term ``Act of August 4, 1950'' means the Act
            entitled ``An Act relating to the policing of the buildings and
            grounds of the Library of Congress,'' (2 U.S.C. 167 et seq.);
                (2) the term ``Library of Congress Police employee'' means
            an employee of the Library of Congress designated as police
            under the first section of the Act of August 4, 1950 (2 U.S.C.
            167);
                (3) the term ``Library of Congress Police civilian
            employee'' means an employee of the Library of Congress Office
            of Security and Emergency Preparedness who provides direct
            administrative support to, and is supervised by, the Library of
            Congress Police, but shall not include an employee of the
            Library of Congress who performs emergency preparedness or
            collections control and preservation functions; and
                (4) the term ``transition period'' means the period the
            first day of which is the date of the enactment of this Act and
            the final day of which is September 30, 2009.

                              OFFICE OF COMPLIANCE

                             Salaries and Expenses

        For salaries and expenses of the Office of Compliance, as
    authorized by section 305 of the Congressional Accountability Act of
    1995 (2 U.S.C. 1385), $3,350,000, of which $700,000 shall remain
    available until September 30, 2009: Provided, That the Executive
    Director of the Office of Compliance may, within the limits of
    available appropriations, dispose of surplus or obsolete personal
    property by interagency transfer, donation, or discarding: Provided
    further, That not more than $500 may be expended on the certification
    of the Executive Director of the Office of Compliance in connection
    with official representation and reception expenses.

                            Administrative Provision

        Sec. 1101. Compensation of Board and Officers of the Office of
    Compliance. (a) Members of the Board of Directors.--Section 301(g) of
    the Congressional Accountability Act of 1995 (2 U.S.C. 1381(g)) is
    amended by striking paragraph (1) and inserting the following:
                ``(1) Per diem.--
                        ``(A) Rate of compensation for each day.--Each
                    member of the Board shall be compensated, for each day
                    (including travel time) during which such member is
                    engaged in the performance of the duties of the Board,
                    at a rate equal to the daily equivalent of the lesser
                    of--
                                ``(i) the highest annual rate of
                            compensation of any officer of the Senate; or
                                ``(ii) the highest annual rate of
                            compensation of any officer of the House of
                            Representatives.
                        ``(B) Authority to prorate.--The rate of pay of a
                    member may be prorated based on the portion of the day
                    during which the member is engaged in the performance
                    of Board duties.''.
        (b) Officers.--Section 302 of the Congressional Accountability Act
    of 1995 (2 U.S.C. 1382) is amended--
                (1) in subsection (a), by striking paragraph (2) and
            inserting the following:
                ``(2) Compensation.--
                        ``(A) Authority to fix compensation.--The Chair may
                    fix the compensation of the Executive Director.
                        ``(B) Limitation.--The rate of pay for the
                    Executive Director may not exceed the lesser of--
                                ``(i) the highest annual rate of
                            compensation of any officer of the Senate; or
                                ``(ii) the highest annual rate of
                            compensation of any officer of the House of
                            Representatives.'';
                (2) in subsection (b), by striking paragraph (3) and
            inserting the following:
                ``(3) Compensation.--
                        ``(A) Authority to fix compensation.--The Chair may
                    fix the compensation of the Deputy Executive Directors.
                        ``(B) Limitation.--The rate of pay for a Deputy
                    Executive Director may not exceed 96 percent of the
                    lesser of--
                                ``(i) the highest annual rate of
                            compensation of any officer of the Senate; or
                                ``(ii) the highest annual rate of
                            compensation of any officer of the House of
                            Representatives.'';
                (3) in subsection (c), by striking paragraph (2) and
            inserting the following:
                ``(2) Compensation.--
                        ``(A) Authority to fix compensation.--The Chair may
                    fix the compensation of the General Counsel.
                        ``(B) Limitation.--The rate of pay for the General
                    Counsel may not exceed the lesser of--
                                ``(i) the highest annual rate of
                            compensation of any officer of the Senate; or
                                ``(ii) the highest annual rate of
                            compensation of any officer of the House of
                            Representatives.''; and
                (4) in subsection (e), by striking ``General Accounting
            Office'' and inserting ``Government Accountability Office''.

                          CONGRESSIONAL BUDGET OFFICE

                             Salaries and Expenses

        For salaries and expenses necessary for operation of the
    Congressional Budget Office, including not more than $4,000 to be
    expended on the certification of the Director of the Congressional
    Budget Office in connection with official representation and reception
    expenses, $37,399,000.

                            Administrative Provision

        Sec. 1201. Executive Exchange Program for the Congressional Budget
    Office. (a) In General.--The Director of the Congressional Budget
    Office may establish and conduct an executive exchange program under
    which employees of the Office may be assigned to private sector
    organizations, and employees of private sector organizations may be
    assigned to the Office, for 1-year periods to further the institutional
    interests of the Office or Congress, including for the purpose of
    providing training to officers and employees of the Office.
        (b) Limitations and Conditions.--The Director of the Congressional
    Budget Office shall--
                (1) limit the number of officers and employees who are
            assigned to private sector organizations at any one time to not
            more than 3;
                (2) limit the number of employees from private sector
            organizations who are assigned to the Office at any one time to
            not more than 3;
                (3) require that an employee of a private sector
            organization assigned to the Office may not have access to any
            trade secrets or to any other nonpublic information which is of
            commercial value to the private sector organization from which
            such employee is assigned; and
                (4) approve employees to be detailed from the private
            sector without regard to political affiliation and solely on
            the basis of their fitness to perform their assigned duties.
        (c) Treatment of Private Employees.--An employee of a private
    sector organization assigned to the Office under the executive exchange
    program shall be considered to be an employee of the Office for
    purposes of--
                (1) chapter 73 of title 5, United States Code;
                (2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
            643, 654, 1905, and 1913 of title 18, United States Code;
                (3) sections 1343, 1344, and 1349(b) of title 31, United
            States Code;
                (4) chapter 171 of title 28, United States Code (commonly
            referred to as the ``Federal Tort Claims Act'') and any other
            Federal tort liability statute;
                (5) the Ethics in Government Act of 1978 (5 U.S.C. App.);
            and
                (6) section 1043 of the Internal Revenue Code of 1986.
        (d) Termination of Assignments.--No assignment under this section
    shall commence after the end of the 2-year period beginning on the date
    of enactment of this section.
        (e) Effective Date.--Subject to subsection (d), this section shall
    apply to fiscal year 2008 and each fiscal year thereafter.

                            ARCHITECT OF THE CAPITOL

                             General Administration

        For salaries for the Architect of the Capitol, and other personal
    services, at rates of pay provided by law; for surveys and studies in
    connection with activities under the care of the Architect of the
    Capitol; for all necessary expenses for the general and administrative
    support of the operations under the Architect of the Capitol including
    the Botanic Garden; electrical substations of the Capitol, Senate and
    House office buildings, and other facilities under the jurisdiction of
    the Architect of the Capitol; including furnishings and office
    equipment; including not more than $5,000 for official reception and
    representation expenses, to be expended as the Architect of the Capitol
    may approve; for purchase or exchange, maintenance, and operation of a
    passenger motor vehicle, $79,897,000, of which $400,000 shall remain
    available until September 30, 2012.

                                Capitol Building

        For all necessary expenses for the maintenance, care and operation
    of the Capitol, $24,090,000, of which $8,290,000 shall remain available
    until September 30, 2012.

                                Capitol Grounds

        For all necessary expenses for care and improvement of grounds
    surrounding the Capitol, the Senate and House office buildings, and the
    Capitol Power Plant, $10,090,000, of which $500,000 shall remain
    available until September 30, 2012.

                            Senate Office Buildings

        For all necessary expenses for the maintenance, care and operation
    of Senate office buildings; and furniture and furnishings to be
    expended under the control and supervision of the Architect of the
    Capitol, $70,283,000, of which $14,400,000 shall remain available until
    September 30, 2012.

                             House Office Buildings

        For all necessary expenses for the maintenance, care and operation
    of the House office buildings, $65,635,000, of which $25,400,000 shall
    remain available until September 30, 2012.

                              Capitol Power Plant

        For all necessary expenses for the maintenance, care and operation
    of the Capitol Power Plant; lighting, heating, power (including the
    purchase of electrical energy) and water and sewer services for the
    Capitol, Senate and House office buildings, Library of Congress
    buildings, and the grounds about the same, Botanic Garden, Senate
    garage, and air conditioning refrigeration not supplied from plants in
    any of such buildings; heating the Government Printing Office and
    Washington City Post Office, and heating and chilled water for air
    conditioning for the Supreme Court Building, the Union Station complex,
    the Thurgood Marshall Federal Judiciary Building and the Folger
    Shakespeare Library, expenses for which shall be advanced or reimbursed
    upon request of the Architect of the Capitol and amounts so received
    shall be deposited into the Treasury to the credit of this
    appropriation, $85,310,000, of which $3,155,000 shall remain available
    until September 30, 2012: Provided, That not more than $8,000,000 of
    the funds credited or to be reimbursed to this appropriation as herein
    provided shall be available for obligation during fiscal year 2008.

                         Library Buildings and Grounds

        For all necessary expenses for the mechanical and structural
    maintenance, care and operation of the Library buildings and grounds,
    $27,553,000, of which $4,890,000 shall remain available until September
    30, 2012.

                Capitol Police Buildings, Grounds, and Security

        For all necessary expenses for the maintenance, care and operation
    of buildings, grounds and security enhancements of the United States
    Capitol Police, wherever located, the Alternate Computer Facility, and
    AOC security operations, $14,966,000, of which $1,000,000 shall remain
    available until September 30, 2012.

                                 Botanic Garden

        For all necessary expenses for the maintenance, care and operation
    of the Botanic Garden and the nurseries, buildings, grounds, and
    collections; and purchase and exchange, maintenance, repair, and
    operation of a passenger motor vehicle; all under the direction of the
    Joint Committee on the Library, $8,808,000: Provided, That of the
    amount made available under this heading, the Architect may obligate
    and expend such sums as may be necessary for the maintenance, care and
    operation of the National Garden established under section 307E of the
    Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon
    vouchers approved by the Architect or a duly authorized designee.

                             Capitol Visitor Center

        For an additional amount for the Capitol Visitor Center project,
    $28,753,000, to remain available until expended, of which up to
    $8,500,000 may be used for Capitol Visitor Center operations: Provided,
    That the Architect of the Capitol may not obligate any of the funds
    which are made available for the Capitol Visitor Center project without
    an obligation plan approved by the Committees on Appropriations of the
    Senate and House of Representatives.

                           Administrative Provisions

        Sec. 1301. Inspector General of the Architect of the Capitol. (a)
    Short Title.--This section may be cited as the ``Architect of the
    Capitol Inspector General Act of 2007''.
        (b) Office of Inspector General.--There is an Office of Inspector
    General within the Office of the Architect of the Capitol which is an
    independent objective office to--
                (1) conduct and supervise audits and investigations
            relating to the Architect of the Capitol;
                (2) provide leadership and coordination and recommend
            policies to promote economy, efficiency, and effectiveness; and
                (3) provide a means of keeping the Architect of the Capitol
            and the Congress fully and currently informed about problems
            and deficiencies relating to the administration of programs and
            operations of the Architect of the Capitol.
        (c) Appointment of Inspector General; Supervision; Removal.--
                (1) Appointment and supervision.--
                        (A) In general.--There shall be at the head of the
                    Office of Inspector General, an Inspector General who
                    shall be appointed by the Architect of the Capitol, in
                    consultation with the Inspectors General of the Library
                    of Congress, Government Printing Office, Government
                    Accountability Office, and United States Capitol
                    Police. The appointment shall be made without regard to
                    political affiliation and solely on the basis of
                    integrity and demonstrated ability in accounting,
                    auditing, financial analysis, law, management analysis,
                    public administration, or investigations. The Inspector
                    General shall report to, and be under the general
                    supervision of, the Architect of the Capitol.
                        (B) Audits, investigations, reports, and other
                    duties and responsibilities.--The Architect of the
                    Capitol shall have no authority to prevent or prohibit
                    the Inspector General from--
                                (i) initiating, carrying out, or completing
                            any audit or investigation;
                                (ii) issuing any subpoena during the course
                            of any audit or investigation;
                                (iii) issuing any report; or
                                (iv) carrying out any other duty or
                            responsibility of the Inspector General under
                            this section.
                (2) Removal.--The Inspector General may be removed from
            office by the Architect of the Capitol. The Architect of the
            Capitol shall, promptly upon such removal, communicate in
            writing the reasons for any such removal to each House of
            Congress.
                (3) Compensation.--The Inspector General shall be paid at
            an annual rate of pay equal to $1,500 less than the annual rate
            of pay of the Architect of the Capitol.
        (d) Duties, Responsibilities, Authority, and Reports.--
                (1) In general.--Sections 4, 5 (other than subsections
            (a)(13) and (e)(1)(B) thereof), 6 (other than subsection (a)(7)
            and (8) thereof), and 7 of the Inspector General Act of 1978 (5
            U.S.C. App.) shall apply to the Inspector General of the
            Architect of the Capitol and the Office of such Inspector
            General and such sections shall be applied to the Office of the
            Architect of the Capitol and the Architect of the Capitol by
            substituting--
                        (A) ``Office of the Architect of the Capitol'' for
                    ``establishment''; and
                        (B) ``Architect of the Capitol'' for ``head of the
                    establishment''.
                (2) Employees.--The Inspector General, in carrying out this
            section, is authorized to select, appoint, and employ such
            officers and employees (including consultants) as may be
            necessary for carrying out the functions, powers, and duties of
            the Office of Inspector General subject to the provisions of
            law governing selections, appointments, and employment in the
            Office of the Architect of the Capitol.
        (e) Transfers.--All functions, personnel, and budget resources of
    the Office of the Inspector General of the Architect of the Capitol as
    in effect before the effective date of this section are transferred to
    the Office of Inspector General described under subsection (b).
        (f) References.--References in any other Federal law, Executive
    order, rule, regulation, or delegation of authority, or any document of
    or relating to the Inspector General of the Architect of the Capitol
    shall be deemed to refer to the Inspector General as set forth under
    this section.
        (g) First Appointment.--By the date occurring 180 days after the
    date of enactment of this Act, the Architect of the Capitol shall
    appoint an individual to the position of Inspector General of the
    Architect of the Capitol described under subparagraph (A) of subsection
    (c)(1) in accordance with that subparagraph.
        (h) Effective Date.--
                (1) In general.--Except as provided under paragraph (2),
            this section shall take effect 180 days after the date of
            enactment of this Act and apply with respect to fiscal year
            2008 and each fiscal year thereafter.
                (2) First appointment.--Subsection (g) shall take effect on
            the date of enactment of this Act and the Architect of the
            Capitol shall take such actions as necessary after such date of
            enactment to carry out that subsection.
        Sec. 1302. Flexible Work Schedules. Notwithstanding section 6101 of
    title 5, United States Code, the Architect of the Capitol may establish
    and conduct a pilot program to test flexible work schedules within the
    Architect of the Capitol and Botanic Garden. Such pilot program shall
    be in accordance with chapter 61 of title 5, United States Code. This
    authority shall terminate effective September 30, 2008.
        Sec. 1303. Travel and Transportation. (a) In General.--Section
    5721(1) of title 5, United States Code, is amended--
                (1) by redesignating subparagraphs (G) and (H) as
            subparagraphs (H) and (I), respectively; and
                (2) by inserting after subparagraph (F) the following:
                        ``(G) the Architect of the Capitol;''.
        (b) Demonstration Program.--Section 521(1)(B) of the National
    Energy Conservation Policy Act (42 U.S.C. 8241(1)(B)) is amended by
    striking ``paragraphs (B) through (H)'' and inserting ``subparagraphs
    (B) through (I)''.
        Sec. 1304. Advance Payments.--During fiscal year 2008 and each
    succeeding fiscal year, following notification of the Committees on
    Appropriations of the House of Representatives and the Senate, the
    Architect of the Capitol may make payments in advance for obligations
    of the Office of the Architect of the Capitol for subscription services
    if the Architect determines it to be more prompt, efficient, or
    economical to do so.
        Sec. 1305. CVC Maintenance.--For maintenance purposes, the Capitol
    Visitor Center (CVC) is considered an extension of the Capitol
    Building, and the maintenance functions for the CVC's infrastructure is
    the responsibility of the Architect of the Capitol. Starting in fiscal
    year 2008, and each fiscal year thereafter, the CVC's facilities
    maintenance budget and associated payroll will be included with the
    Capitol Building's appropriation budget, and integrated in such a way
    as to facilitate the reporting of expenses associated with the
    maintenance of the CVC facility.
        Sec. 1306. Leasing Authority.--(a) Section 1102(b) of the
    Legislative Branch Appropriations Act, 2004 (2 U.S.C. 1822(b)) is
    amended--
                (1) in paragraph (1), by striking ``Committee on Rules and
            Administration'' and inserting ``Committees on Appropriations
            and Rules and Administration'';
                (2) in paragraph (2), by striking ``the House Office
            Building Commission'' and inserting ``the Committee on
            Appropriations of the House of Representatives and the House
            Office Building Commission''; and
                (3) in paragraph (3), by striking the period at the end and
            inserting ``, for space to be leased for any other entity under
            subsection (a).''.
        (b) The amendments made by subsection (a) shall take effect as if
    included in the enactment of the Legislative Branch Appropriations Act,
    2004.
        Sec. 1307. Easements for Rights-of-Way. (a) In General.--The
    Architect of the Capitol may grant, upon such terms as the Architect of
    the Capitol considers advisable, including monetary consideration,
    easements for rights-of-way over, in, and upon the Capitol Grounds and
    any other public lands under the jurisdiction and control of the
    Architect of the Capitol.
        (b) Limitation.--No easement granted under this section may include
    more land than is necessary for the easement.
        (c) Easement Account.--There is established in the Treasury an
    easement account for the Architect of the Capitol. The Architect of the
    Capitol shall deposit in the account all proceeds received relating to
    the granting of easements under this section. The proceeds deposited in
    that account shall be available to the Architect, in such amounts and
    for such purposes provided in appropriations acts.
        (d) In-Kind Consideration.--Subject to subsection (f), the
    Architect may accept in-kind consideration instead of, or in addition
    to, any monetary consideration, for any easement granted under this
    section.
        (e) Termination of Easement.--The Architect of the Capitol may
    terminate all or part of any easement granted under this section for--
                (1) failure to comply with the terms of the grant;
                (2) nonuse for a 2-year period; or
                (3) abandonment.
        (f) Approval.--The Architect of the Capitol may grant an easement
    for rights-of-way under subsection (a) upon submission of written
    notice of intent to grant that easement and the amount or type of
    consideration to be received, and approval by--
                (1) the Committee on Rules and Administration of the Senate
            for easements granted on property under Senate jurisdiction;
                (2) the House Office Building Commission for property under
            House of Representatives jurisdiction; and
                (3) the Committee on Rules and Administration of the Senate
            and the House Office Building Commission for easements granted
            on any other property.
        (g) Effective Date.--This section shall apply to fiscal year 2008
    and each fiscal year thereafter.
        Sec. 1308. Design-Build Contracts.--(a) Notwithstanding any other
    provision of law, the Architect of the Capitol may use the two-phase
    selection procedures authorized in section 303M of the Federal Property
    and Administrative Services Act of 1949 (41 U.S.C. 253m) for entering
    into a contract for the design and construction of a public building,
    facility, or work in the same manner and under the same terms and
    conditions as the head of an executive agency under such section.
        (b) This section shall apply with respect to fiscal year 2008 and
    each succeeding fiscal year.
        Sec. 1309. Assistant to the Chief Executive Officer for Visitor
    Services. (a) Definition.--In this section the term ``Chief Executive
    Officer'' means the Chief Executive Officer for Visitor Services
    established under section 6701 of the U.S. Troop Readiness, Veterans'
    Care, Katrina Recovery, and Iraq Accountability Appropriations Act of
    2007 (2 U.S.C. 1806).
        (b) Assistant to the Chief Executive Officer.--The Architect of the
    Capitol shall--
                (1) after consultation with the Chief Executive Officer,
            appoint an assistant to perform the responsibilities of the
            Chief Executive Officer during the absence or disability of the
            Chief Executive Officer, or during a vacancy in the position of
            the Chief Executive Officer; and
                (2) fix the rate of basic pay for the position of the
            assistant appointed under paragraph (1) at a rate not to exceed
            the highest total rate of pay for the Senior Executive Service
            under subchapter VIII of chapter 53 of title 5, United States
            Code, for the locality involved.
        (c) Effective Date.--This section shall apply to fiscal year 2008
    and each fiscal year thereafter.

                              LIBRARY OF CONGRESS

                             Salaries and Expenses

        For necessary expenses of the Library of Congress not otherwise
    provided for, including development and maintenance of the Library's
    catalogs; custody and custodial care of the Library buildings; special
    clothing; cleaning, laundering and repair of uniforms; preservation of
    motion pictures in the custody of the Library; operation and
    maintenance of the American Folklife Center in the Library; preparation
    and distribution of catalog records and other publications of the
    Library; hire or purchase of one passenger motor vehicle; and expenses
    of the Library of Congress Trust Fund Board not properly chargeable to
    the income of any trust fund held by the Board, $395,784,000, of which
    not more than $6,000,000 shall be derived from collections credited to
    this appropriation during fiscal year 2008, and shall remain available
    until expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat.
    480; 2 U.S.C. 150) and not more than $350,000 shall be derived from
    collections during fiscal year 2008 and shall remain available until
    expended for the development and maintenance of an international legal
    information database and activities related thereto: Provided, That the
    Library of Congress may not obligate or expend any funds derived from
    collections under the Act of June 28, 1902, in excess of the amount
    authorized for obligation or expenditure in appropriations Acts:
    Provided further, That the total amount available for obligation shall
    be reduced by the amount by which collections are less than $6,350,000:
    Provided further, That of the total amount appropriated, $16,451,000
    shall remain available until September 30, 2010 for the partial
    acquisition of books, periodicals, newspapers, and all other materials
    including subscriptions for bibliographic services for the Library,
    including $40,000 to be available solely for the purchase, when
    specifically approved by the Librarian, of special and unique materials
    for additions to the collections: Provided further, That of the total
    amount appropriated, not more than $12,000 may be expended, on the
    certification of the Librarian of Congress, in connection with official
    representation and reception expenses for the Overseas Field Offices:
    Provided further, That of the total amount appropriated, $7,000,000
    shall remain available until expended for the digital collections and
    educational curricula program: Provided further, That of the total
    amount appropriated, $750,000 shall remain available until expended,
    and shall be transferred to the Abraham Lincoln Bicentennial Commission
    for carrying out the purposes of Public Law 106-173, of which $10,000
    may be used for official representation and reception expenses of the
    Abraham Lincoln Bicentennial Commission: Provided further, That of the
    total amount appropriated, $1,482,000 shall be used for the National
    Digital Information Infrastructure and Preservation Program: Provided
    further, That of the total amount appropriated, $75,000 shall be used
    to provide a grant to the Middle Eastern Text Initiative for
    translation and publishing of middle eastern text: Provided further,
    That $125,000 shall be used to provide a grant to the University of
    Mississippi for the American Music Archives.

                                Copyright Office

                             salaries and expenses

        For necessary expenses of the Copyright Office, $49,558,000, of
    which not more than $29,826,000, to remain available until expended,
    shall be derived from collections credited to this appropriation during
    fiscal year 2008 under section 708(d) of title 17, United States Code:
    Provided, That not more than $10,000,000 shall be derived from prior
    year unobligated balances: Provided further, That the Copyright Office
    may not obligate or expend any funds derived from collections under
    such section, in excess of the amount authorized for obligation or
    expenditure in appropriations Acts: Provided further, That not more
    than $4,398,000 shall be derived from collections during fiscal year
    2008 under sections 111(d)(2), 119(b)(2), 803(e), 1005, and 1316 of
    such title: Provided further, That the total amount available for
    obligation shall be reduced by the amount by which collections and
    unobligated balances are less than $44,224,000: Provided further, That
    not more than $100,000 of the amount appropriated is available for the
    maintenance of an ``International Copyright Institute'' in the
    Copyright Office of the Library of Congress for the purpose of training
    nationals of developing countries in intellectual property laws and
    policies: Provided further, That not more than $4,250 may be expended,
    on the certification of the Librarian of Congress, in connection with
    official representation and reception expenses for activities of the
    International Copyright Institute and for copyright delegations,
    visitors, and seminars: Provided further, That notwithstanding any
    provision of chapter 8 of title 17, United States Code, any amounts
    made available under this heading which are attributable to royalty
    fees and payments received by the Copyright Office pursuant to sections
    111, 119, and chapter 10 of such title may be used for the costs
    incurred in the administration of the Copyright Royalty Judges program,
    with the exception of the costs of salaries and benefits for the
    Copyright Royalty Judges and staff under section 802(e).

                         Congressional Research Service

                             salaries and expenses

        For necessary expenses to carry out the provisions of section 203
    of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
    revise and extend the Annotated Constitution of the United States of
    America, $102,601,000: Provided, That no part of such amount may be
    used to pay any salary or expense in connection with any publication,
    or preparation of material therefor (except the Digest of Public
    General Bills), to be issued by the Library of Congress unless such
    publication has obtained prior approval of either the Committee on
    House Administration of the House of Representatives or the Committee
    on Rules and Administration of the Senate.

                 Books for the Blind and Physically Handicapped

                             salaries and expenses

        For salaries and expenses to carry out the Act of March 3, 1931
    (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $67,091,000, of which
    $20,704,000 shall remain available until expended, of which $650,000
    shall be available to contract to provide newspapers to blind and
    physicially handicapped residents at no cost to the individual.

                           Administrative Provisions

        Sec. 1401. Incentive Awards Program. Of the amounts appropriated to
    the Library of Congress in this Act, not more than $5,000 may be
    expended, on the certification of the Librarian of Congress, in
    connection with official representation and reception expenses for the
    incentive awards program.
        Sec. 1402. Reimbursable and Revolving Fund Activities. (a) In
    General.--For fiscal year 2008, the obligational authority of the
    Library of Congress for the activities described in subsection (b) may
    not exceed $122,529,000.
        (b) Activities.--The activities referred to in subsection (a) are
    reimbursable and revolving fund activities that are funded from sources
    other than appropriations to the Library in appropriations Acts for the
    legislative branch.
        (c) Transfer of Funds.--During fiscal year 2008, the Librarian of
    Congress may temporarily transfer funds appropriated in this Act, under
    the heading ``Library of Congress'', under the subheading ``Salaries
    and Expenses'', to the revolving fund for the FEDLINK Program and the
    Federal Research Program established under section 103 of the Library
    of Congress Fiscal Operations Improvement Act of 2000 (Public Law 106-
    481; 2 U.S.C. 182c): Provided, That the total amount of such transfers
    may not exceed $1,900,000: Provided further, That the appropriate
    revolving fund account shall reimburse the Library for any amounts
    transferred to it before the period of availability of the Library
    appropriation expires.
        Sec. 1403. Audit Requirement. Section 207(e) of the Legislative
    Branch Appropriations Act, 1998 (2 U.S.C. 182(e)) is amended to read as
    follows:
        ``(e) Audit.--The revolving fund shall be subject to audit by the
    Comptroller General at the Comptroller General's discretion.''.
        Sec. 1404. Transfer Authority. (a) In General.--Amounts
    appropriated for fiscal year 2008 for the Library of Congress may be
    transferred during fiscal year 2008 between any of the headings under
    the heading ``LIBRARY OF CONGRESS'' upon the approval of the Committees
    on Appropriations of the Senate and the House of Representatives.
        (b) Limitation.--Not more than 10 percent of the total amount of
    funds appropriated to the account under any heading under the heading
    ``LIBRARY OF CONGRESS'' for fiscal year 2008 may be transferred from
    that account by all transfers made under subsection (a).

                           GOVERNMENT PRINTING OFFICE

                       Congressional Printing and Binding

                         (including transfer of funds)

        For authorized printing and binding for the Congress and the
    distribution of Congressional information in any format; printing and
    binding for the Architect of the Capitol; expenses necessary for
    preparing the semimonthly and session index to the Congressional
    Record, as authorized by law (section 902 of title 44, United States
    Code); printing and binding of Government publications authorized by
    law to be distributed to Members of Congress; and printing, binding,
    and distribution of Government publications authorized by law to be
    distributed without charge to the recipient, $90,000,000: Provided,
    That this appropriation shall not be available for paper copies of the
    permanent edition of the Congressional Record for individual
    Representatives, Resident Commissioners or Delegates authorized under
    section 906 of title 44, United States Code: Provided further, That
    this appropriation shall be available for the payment of obligations
    incurred under the appropriations for similar purposes for preceding
    fiscal years: Provided further, That notwithstanding the 2-year
    limitation under section 718 of title 44, United States Code, none of
    the funds appropriated or made available under this Act or any other
    Act for printing and binding and related services provided to Congress
    under chapter 7 of title 44, United States Code, may be expended to
    print a document, report, or publication after the 27-month period
    beginning on the date that such document, report, or publication is
    authorized by Congress to be printed, unless Congress reauthorizes such
    printing in accordance with section 718 of title 44, United States
    Code: Provided further, That any unobligated or unexpended balances in
    this account or accounts for similar purposes for preceding fiscal
    years may be transferred to the Government Printing Office revolving
    fund for carrying out the purposes of this heading, subject to the
    approval of the Committees on Appropriations of the House of
    Representatives and Senate.

                     Office of Superintendent of Documents

                             salaries and expenses

                         (including transfer of funds)

        For expenses of the Office of Superintendent of Documents necessary
    to provide for the cataloging and indexing of Government publications
    and their distribution to the public, Members of Congress, other
    Government agencies, and designated depository and international
    exchange libraries as authorized by law, $35,000,000: Provided, That
    amounts of not more than $2,000,000 from current year appropriations
    are authorized for producing and disseminating Congressional serial
    sets and other related publications for fiscal years 2006 and 2007 to
    depository and other designated libraries: Provided further, That any
    unobligated or unexpended balances in this account or accounts for
    similar purposes for preceding fiscal years may be transferred to the
    Government Printing Office revolving fund for carrying out the purposes
    of this heading, subject to the approval of the Committees on
    Appropriations of the House of Representatives and Senate.

                   Government Printing Office Revolving Fund

        The Government Printing Office is hereby authorized to make such
    expenditures, within the limits of funds available and in accordance
    with 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 programs and
    purposes set forth in the budget for the current fiscal year for the
    Government Printing Office revolving fund: Provided further, That not
    more than $5,000 may be expended on the certification of the Public
    Printer in connection with official representation and reception
    expenses: Provided further, That the revolving fund shall be available
    for the hire or purchase of not more than 12 passenger motor vehicles:
    Provided further, That expenditures in connection with travel expenses
    of the advisory councils to the Public Printer shall be deemed
    necessary to carry out the provisions of title 44, United States Code:
    Provided further, That the revolving fund shall be available for
    temporary or intermittent services under section 3109(b) of title 5,
    United States Code, but at rates for individuals not more than the
    daily equivalent of the annual rate of basic pay for level V of the
    Executive Schedule under section 5316 of such title: Provided further,
    That the revolving fund and the funds provided under the headings
    ``Office of Superintendent of Documents'' and ``Salaries and Expenses''
    together may not be available for the full-time equivalent employment
    of more than 2,621 work-years (or such other number of work-years as
    the Public Printer may request, subject to the approval of the
    Committees on Appropriations of the House of Representatives and
    Senate): Provided further, That activities financed through the
    revolving fund may provide information in any format: Provided further,
    That the revolving fund and the funds provided under the headings
    ``Office of Superintendent of Documents'' and ``salaries and expenses''
    may not be used for contracted security services at GPO's passport
    facility in the District of Columbia.

                        GOVERNMENT ACCOUNTABILITY OFFICE

                             Salaries and Expenses

        For necessary expenses of the Government Accountability Office,
    including not more than $12,500 to be expended on the certification of
    the Comptroller General of the United States in connection with
    official representation and reception expenses; temporary or
    intermittent services under section 3109(b) of title 5, United States
    Code, but at rates for individuals not more than the daily equivalent
    of the annual rate of basic pay for level IV of the Executive Schedule
    under section 5315 of such title; hire of one passenger motor vehicle;
    advance payments in foreign countries in accordance with section 3324
    of title 31, United States Code; benefits comparable to those payable
    under sections 901(5), (6), and (8) of the Foreign Service Act of 1980
    (22 U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by
    the Comptroller General of the United States, rental of living quarters
    in foreign countries, $501,000,000: Provided, That not more than
    $5,413,000 of payments received under section 782 of title 31, United
    States Code, shall be available for use in fiscal year 2008: Provided
    further, That not more than $2,097,000 of reimbursements received under
    section 9105 of title 31, United States Code, shall be available for
    use in fiscal year 2008: Provided further, That of the total amount
    provided, up to $2,500,000 is for technology assessment studies:
    Provided further, That this appropriation and appropriations for
    administrative expenses of any other department or agency which is a
    member of the National Intergovernmental Audit Forum or a Regional
    Intergovernmental Audit Forum shall be available to finance an
    appropriate share of either Forum's costs as determined by the
    respective Forum, including necessary travel expenses of non-Federal
    participants: Provided further, That payments hereunder to the Forum
    may be credited as reimbursements to any appropriation from which costs
    involved are initially financed.

                           Administrative Provisions

        Sec. 1501. Contract Appeals Board. (a) Definitions.--In this
    section--
                (1) the term ``Board'' means the Contract Appeals Board
            established under subsection (b); and
                (2) the term ``legislative branch agency'' means--
                        (A) the Architect of the Capitol;
                        (B) the United States Botanic Gardens;
                        (C) the Government Accountability Office;
                        (D) the Government Printing Office;
                        (E) the Library of Congress;
                        (F) the Congressional Budget Office;
                        (G) the United States Capitol Police; and
                        (H) any other agency, including any office, board,
                    or commission, established in the legislative branch;
                    and
        (b) Establishment.--There is established a Contract Appeals Board
    within the Government Accountability Office. The Board shall hear and
    decide appeals from decisions of a contracting officer with respect to
    any contract entered into by a legislative branch agency.
        (c) Members of the Board.--
                (1) Appointment.--The Comptroller General shall appoint at
            least 3 members to the Contract Appeals Board.
                (2) Qualifications.--Each member shall have not less than 5
            years experience in public contract law.
                (3) Pay.--Subject to any provision of law relating to pay
            applicable to the Office of General Counsel of the Government
            Accountability Office, the Comptroller General shall establish
            and adjust the annual rate of basic pay of members of the
            Board.
        (d) Provisions Applicable to Appeals.--The Contract Disputes Act of
    1978 (Public Law 95-563, 41 U.S.C. 601 et seq.), as amended, shall
    apply to appeals to the Board, except that section 4, subsections 8(a),
    (b), and (c), and subsection 10(a) shall not apply to such appeals and
    the amount of any claim referenced in subsection 6(c) shall be $50,000.
    The Comptroller General shall prescribe regulations for procedures for
    appeals to the Board that are consistent with procedures under the
    Contract Disputes Act of 1978.
         (e) Effective Date.--This section shall apply with respect to
    fiscal year 2008 and each fiscal year thereafter.
        Sec. 1502. Repeal and Modification of Certain Reporting
    Requirements. (a) Annual Report by GAO on Consistency of IMF Practices
    With Statutory Policies.--Section 504(e) of the Consolidated
    Appropriations Act, 2000 (Public Law 106-113; 113 Stat. 1501A-318) is
    repealed.
        (b) Review of Proposed Changes to Export Thresholds for
    Computers.--Section 314 of the Consolidated Appropriations Act, 2001
    (Public Law 106-554; 114 Stat. 2763A-123) is repealed.
        (c) Congressional Hunger Fellowship Program Audit.--Section
    4404(f)(4)(A) of the Congressional Hunger Fellows Act of 2002 (2 U.S.C.
    1161(f)(4)(A); Public Law 107-171) is amended--
                (1) by striking ``shall'' and inserting ``may''; and
                (2) by striking ``annual.''.
        (d) Haitian Refugee Immigration.--Section 902(k) of the Haitian
    Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note; Public
    Law 105-277) is repealed.
        (e) Audit of Financial Transactions.--Section 11 of the National
    Moment of Remembrance Act (36 U.S.C. 116 note; Public Law 106-579) is
    repealed.
        (f) Loss Ratios and Refund of Premiums.--Section 1882(r)(5) of the
    Social Security Act (42 U.S.C. 1395ss(r)(5)) is amended--
                (1) in subparagraph (A)--
                        (A) by striking ``(A) The Comptroller General shall
                    periodically, not less than once every 3 years,'' and
                    inserting ``The Secretary may''; and
                        (B) by striking ``and to the Secretary''; and
                (2) by striking subparagraph (B).
        (g) Radiation Exposure Compensation Reports.--Section 14 of the
    Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law
    101-426) is repealed.

                    OPEN WORLD LEADERSHIP CENTER TRUST FUND

        For a payment to the Open World Leadership Center Trust Fund for
    financing activities of the Open World Leadership Center under section
    313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
    $9,000,000: Provided, That not later than March 31, 2008, the Board of
    Trustees of the Open World Leadership Center shall prepare and submit a
    report to the Committees on Appropriations of the Senate and the House
    of Representatives for potential options for transfer of the Open World
    Leadership Center to a department or agency in the executive branch,
    establishment of the Center as an independent agency in the executive
    branch, or other appropriate options.

       JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

        For payment to the John C. Stennis Center for Public Service
    Development Trust Fund established under section 116 of the John C.
    Stennis Center for Public Service Training and Development Act (2
    U.S.C. 1105), $430,000.

                                    TITLE II

                               GENERAL PROVISIONS

        Sec. 201. Maintenance and Care of Private Vehicles. No part of the
    funds appropriated in this Act shall be used for the maintenance or
    care of private vehicles, except for emergency assistance and cleaning
    as may be provided under regulations relating to parking facilities for
    the House of Representatives issued by the Committee on House
    Administration and for the Senate issued by the Committee on Rules and
    Administration.
        Sec. 202. Fiscal Year Limitation. No part of the funds appropriated
    in this Act shall remain available for obligation beyond fiscal year
    2008 unless expressly so provided in this Act.
        Sec. 203. Rates of Compensation and Designation. Whenever in this
    Act any office or position not specifically established by the
    Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for
    or the rate of compensation or designation of any office or position
    appropriated for is different from that specifically established by
    such Act, the rate of compensation and the designation in this Act
    shall be the permanent law with respect thereto: Provided, That the
    provisions in this Act for the various items of official expenses of
    Members, officers, and committees of the Senate and House of
    Representatives, and clerk hire for Senators and Members of the House
    of Representatives shall be the permanent law with respect thereto.
        Sec. 204. Consulting Services. The expenditure of any appropriation
    under this Act for any consulting service through procurement contract,
    under section 3109 of title 5, United States Code, 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 under
    existing law.
        Sec. 205. Awards and Settlements. Such sums as may be necessary are
    appropriated to the account described in subsection (a) of section 415
    of the Congressional Accountability Act of 1995 (2 U.S.C. 1415(a)) to
    pay awards and settlements as authorized under such subsection.
        Sec. 206. Costs of LBFMC. Amounts available for administrative
    expenses of any legislative branch entity which participates in the
    Legislative Branch Financial Managers Council (LBFMC) established by
    charter on March 26, 1996, shall be available to finance an appropriate
    share of LBFMC costs as determined by the LBFMC, except that the total
    LBFMC costs to be shared among all participating legislative branch
    entities (in such allocations among the entities as the entities may
    determine) may not exceed $2,000.
        Sec. 207. Landscape Maintenance. The Architect of the Capitol, in
    consultation with the District of Columbia, is authorized to maintain
    and improve the landscape features, excluding streets and sidewalks, in
    the irregular shaped grassy areas bounded by Washington Avenue, SW on
    the northeast, Second Street SW on the west, Square 582 on the south,
    and the beginning of the I-395 tunnel on the southeast.
        Sec. 208. Limitation on Transfers. 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 appropriation Act.
        Sec. 209. Guided Tours of the Capitol.--(a) Except as provided in
    subsection (b), none of the funds made available to the Architect of
    the Capitol or the U.S. Capitol Guide Service and Congressional Special
    Services Office in this Act may be used to eliminate guided tours of
    the United States Capitol which are led by employees and interns of
    offices of Members of Congress and other offices of the House of
    Representatives and Senate.
        (b) At the direction of the Capitol Police Board, or at the
    direction of the Architect of the Capitol or Director of the U.S.
    Capitol Guide Service and Congressional Special Services Office with
    the approval of the Capitol Police Board, guided tours of the United
    States Capitol which are led by employees and interns described in
    subsection (a) may be suspended temporarily or otherwise subject to
    restriction for security or related reasons to the same extent as
    guided tours of the United States Capitol which are led by the
    Architect of the Capitol or the Capitol Guide Service.
        Sec. 210. (a) Rescissions.--There is hereby rescinded an amount
    equal to 0.25 percent of the budget authority provided for fiscal year
    2008 for any discretionary account in title I of this Act.
        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
                (1) to each discretionary account and each item of budget
            authority described in such subsection; and
                (2) within each such account and item, to each program,
            project, and activity (with programs, projects, and activities
            as delineated in the appropriation Act or accompanying reports
            for the relevant fiscal year covering such account or item, or
            for accounts and items not included in appropriation Acts, as
            delineated in the most recently submitted President's budget).
        (c) Exception.--This section shall not apply to section 1003 of
    title I of this Act.
        (d) Administration of Across-the-Board Reductions.--In the
    administration of subsection (a), with respect to the budget authority
    provided under the heading ``SENATE'' in title I of this Act--
                (1) the percentage rescissions under subsection (a) shall
            apply to the total amount of all funds appropriated under that
            heading; and
                (2) the rescissions may be applied without regard to
            subsection (b).
        This division may be cited as the ``Legislative Branch
    Appropriations Act, 2008''.

      DIVISION I--MILITARY CONSTRUCTION AND VETERANS AFFAIRS AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2008

                                    TITLE I

                             DEPARTMENT OF DEFENSE

                          Military Construction, Army

                        (including rescission of funds)

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations,
    facilities, and real property for the Army as currently authorized by
    law, including personnel in the Army Corps of Engineers and other
    personal services necessary for the purposes of this appropriation, and
    for construction and operation of facilities in support of the
    functions of the Commander in Chief, $3,936,583,000, to remain
    available until September 30, 2012: Provided, That of this amount, not
    to exceed $321,983,000 shall be available for study, planning, design,
    architect and engineer services, and host nation support, as authorized
    by law, unless the Secretary of Defense determines that additional
    obligations are necessary for such purposes and notifies the Committees
    on Appropriations of both Houses of Congress of the determination and
    the reasons therefor: Provided further, That of the funds appropriated
    for ``Military Construction, Army'' under Public Law 110-5, $8,690,000
    are hereby rescinded.

                  Military Construction, Navy and Marine Corps

                        (including rescissions of funds)

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, naval installations, facilities,
    and real property for the Navy and Marine Corps as currently authorized
    by law, including personnel in the Naval Facilities Engineering Command
    and other personal services necessary for the purposes of this
    appropriation, $2,198,394,000, to remain available until September 30,
    2012: Provided, That of this amount, not to exceed $113,017,000 shall
    be available for study, planning, design, and architect and engineer
    services, as authorized by law, unless the Secretary of Defense
    determines that additional obligations are necessary for such purposes
    and notifies the Committees on Appropriations of both Houses of
    Congress of the determination and the reasons therefor: Provided
    further, That of the funds appropriated for ``Military Construction,
    Navy and Marine Corps'' under Public Law 108-132, $5,862,000; under
    Public Law 108-324, $2,069,000; and under Public Law 110-5, $2,626,000
    are hereby rescinded.

                        Military Construction, Air Force

                        (including rescissions of funds)

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, military installations,
    facilities, and real property for the Air Force as currently authorized
    by law, $1,159,747,000, to remain available until September 30, 2012:
    Provided, That of this amount, not to exceed $43,721,000 shall be
    available for study, planning, design, and architect and engineer
    services, as authorized by law, unless the Secretary of Defense
    determines that additional obligations are necessary for such purposes
    and notifies the Committees on Appropriations of both Houses of
    Congress of the determination and the reasons therefor: Provided
    further, That of the funds appropriated for ``Military Construction,
    Air Force'' under Public Law 108-324, $5,319,000; and under Public Law
    110-5, $5,151,000 are hereby rescinded.

                      Military Construction, Defense-Wide

                  (including transfer and rescission of funds)

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, installations, facilities, and
    real property for activities and agencies of the Department of Defense
    (other than the military departments), as currently authorized by law,
    $1,609,596,000, to remain available until September 30, 2012: Provided,
    That such amounts of this appropriation as may be determined by the
    Secretary of Defense may be transferred to such appropriations of the
    Department of Defense available for military construction or family
    housing as the Secretary may designate, to be merged with and to be
    available for the same purposes, and for the same time period, as the
    appropriation or fund to which transferred: Provided further, That of
    the amount appropriated, not to exceed $155,569,000 shall be available
    for study, planning, design, and architect and engineer services, as
    authorized by law, unless the Secretary of Defense determines that
    additional obligations are necessary for such purposes and notifies the
    Committees on Appropriations of both Houses of Congress of the
    determination and the reasons therefor: Provided further, That of the
    funds appropriated for ``Military Construction, Defense-Wide'' under
    Public Law 110-5, $10,192,000 are hereby rescinded.

                   Military Construction, Army National Guard

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    Army National Guard, and contributions therefor, as authorized by
    chapter 1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $536,656,000, to remain available until September
    30, 2012.

                   Military Construction, Air National Guard

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    National Guard, and contributions therefor, as authorized by chapter
    1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $287,537,000, to remain available until September
    30, 2012.

                      Military Construction, Army Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    Army Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $148,133,000, to
    remain available until September 30, 2012.

                      Military Construction, Navy Reserve

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the
    reserve components of the Navy and Marine Corps as authorized by
    chapter 1803 of title 10, United States Code, and Military Construction
    Authorization Acts, $64,430,000, to remain available until September
    30, 2012.

                    Military Construction, Air Force Reserve

                        (including rescission of funds)

        For construction, acquisition, expansion, rehabilitation, and
    conversion of facilities for the training and administration of the Air
    Force Reserve as authorized by chapter 1803 of title 10, United States
    Code, and Military Construction Authorization Acts, $28,359,000, to
    remain available until September 30, 2012: Provided, That of the funds
    appropriated for ``Military Construction, Air Force Reserve'' under
    Public Law 109-114, $3,069,000 are hereby rescinded.

         North Atlantic Treaty Organization Security Investment Program

        For the United States share of the cost of the North Atlantic
    Treaty Organization Security Investment Program for the acquisition and
    construction of military facilities and installations (including
    international military headquarters) and for related expenses for the
    collective defense of the North Atlantic Treaty Area as authorized by
    section 2806 of title 10, United States Code, and Military Construction
    Authorization Acts, $201,400,000, to remain available until expended.

                       Family Housing Construction, Army

                        (including rescission of funds)

        For expenses of family housing for the Army for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $424,400,000, to remain available
    until September 30, 2012: Provided, That of the funds appropriated for
    ``Family Housing Construction, Army'' under Public Law 110-5,
    $4,559,000 are hereby rescinded.

                 Family Housing Operation and Maintenance, Army

        For expenses of family housing for the Army for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized
    by law, $731,920,000.

               Family Housing Construction, Navy and Marine Corps

        For expenses of family housing for the Navy and Marine Corps for
    construction, including acquisition, replacement, addition, expansion,
    extension, and alteration, as authorized by law, $293,129,000, to
    remain available until September 30, 2012.

        Family Housing Operation and Maintenance, Navy and Marine Corps

        For expenses of family housing for the Navy and Marine Corps for
    operation and maintenance, including debt payment, leasing, minor
    construction, principal and interest charges, and insurance premiums,
    as authorized by law, $371,404,000.

                     Family Housing Construction, Air Force

                        (including rescission of funds)

        For expenses of family housing for the Air Force for construction,
    including acquisition, replacement, addition, expansion, extension, and
    alteration, as authorized by law, $327,747,000, to remain available
    until September 30, 2012: Provided, That of the funds appropriated for
    ``Family Housing Construction, Air Force'' under Public Law 108-132,
    $15,000,000 are hereby rescinded.

              Family Housing Operation and Maintenance, Air Force

        For expenses of family housing for the Air Force for operation and
    maintenance, including debt payment, leasing, minor construction,
    principal and interest charges, and insurance premiums, as authorized
    by law, $688,335,000.

             Family Housing Operation and Maintenance, Defense-Wide

        For expenses of family housing for the activities and agencies of
    the Department of Defense (other than the military departments) for
    operation and maintenance, leasing, and minor construction, as
    authorized by law, $48,848,000.

             Department of Defense Family Housing Improvement Fund

        For the Department of Defense Family Housing Improvement Fund,
    $500,000, to remain available until expended, for family housing
    initiatives undertaken pursuant to section 2883 of title 10, United
    States Code, providing alternative means of acquiring and improving
    military family housing and supporting facilities.

              Chemical Demilitarization Construction, Defense-Wide

        For expenses of construction, not otherwise provided for, necessary
    for the destruction of the United States stockpile of lethal chemical
    agents and munitions in accordance with section 1412 of the Department
    of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the
    destruction of other chemical warfare materials that are not in the
    chemical weapon stockpile, as currently authorized by law,
    $104,176,000, to remain available until September 30, 2012, which shall
    be only for the Assembled Chemical Weapons Alternatives program.

                Department of Defense Base Closure Account 1990

        For deposit into the Department of Defense Base Closure Account
    1990, established by section 2906(a)(1) of the Defense Base Closure and
    Realignment Act of 1990 (10 U.S.C. 2687 note), $295,689,000, to remain
    available until expended.

                Department of Defense Base Closure Account 2005

        For deposit into the Department of Defense Base Closure Account
    2005, established by section 2906A(a)(1) of the Defense Base Closure
    and Realignment Act of 1990 (10 U.S.C. 2687 note), $7,235,591,000, to
    remain available until expended: Provided, That the Department of
    Defense shall notify the Committees on Appropriations of both Houses of
    Congress 14 days prior to obligating an amount for a construction
    project that exceeds or reduces the amount identified for that project
    in the most recently submitted budget request for this account by 20
    percent or $2,000,000, whichever is less: Provided further, That the
    previous proviso shall not apply to projects costing less than
    $5,000,000, except for those projects not previously identified in any
    budget submission for this account and exceeding the minor construction
    threshold under 10 U.S.C. 2805.

                           Administrative Provisions

        Sec. 101. None of the funds made available in this title shall be
    expended for payments under a cost-plus-a-fixed-fee contract for
    construction, where cost estimates exceed $25,000, to be performed
    within the United States, except Alaska, without the specific approval
    in writing of the Secretary of Defense setting forth the reasons
    therefor.
        Sec. 102. Funds made available in this title for construction shall
    be available for hire of passenger motor vehicles.
        Sec. 103. Funds made available in this title for construction may
    be used for advances to the Federal Highway Administration, Department
    of Transportation, for the construction of access roads as authorized
    by section 210 of title 23, United States Code, when projects
    authorized therein are certified as important to the national defense
    by the Secretary of Defense.
        Sec. 104. None of the funds made available in this title may be
    used to begin construction of new bases in the United States for which
    specific appropriations have not been made.
        Sec. 105. None of the funds made available in this title shall be
    used for purchase of land or land easements in excess of 100 percent of
    the value as determined by the Army Corps of Engineers or the Naval
    Facilities Engineering Command, except: (1) where there is a
    determination of value by a Federal court; (2) purchases negotiated by
    the Attorney General or the designee of the Attorney General; (3) where
    the estimated value is less than $25,000; or (4) as otherwise
    determined by the Secretary of Defense to be in the public interest.
        Sec. 106. None of the funds made available in this title shall be
    used to: (1) acquire land; (2) provide for site preparation; or (3)
    install utilities for any family housing, except housing for which
    funds have been made available in annual Acts making appropriations for
    military construction.
        Sec. 107. None of the funds made available in this title for minor
    construction may be used to transfer or relocate any activity from one
    base or installation to another, without prior notification to the
    Committees on Appropriations of both Houses of Congress.
        Sec. 108. None of the funds made available in this title may be
    used for the procurement of steel for any construction project or
    activity for which American steel producers, fabricators, and
    manufacturers have been denied the opportunity to compete for such
    steel procurement.
        Sec. 109. None of the funds available to the Department of Defense
    for military construction or family housing during the current fiscal
    year may be used to pay real property taxes in any foreign nation.
        Sec. 110. None of the funds made available in this title may be
    used to initiate a new installation overseas without prior notification
    to the Committees on Appropriations of both Houses of Congress.
        Sec. 111. None of the funds made available in this title may be
    obligated for architect and engineer contracts estimated by the
    Government to exceed $500,000 for projects to be accomplished in Japan,
    in any North Atlantic Treaty Organization member country, or in
    countries bordering the Arabian Sea, unless such contracts are awarded
    to United States firms or United States firms in joint venture with
    host nation firms.
        Sec. 112. None of the funds made available in this title for
    military construction in the United States territories and possessions
    in the Pacific and on Kwajalein Atoll, or in countries bordering the
    Arabian Sea, may be used to award any contract estimated by the
    Government to exceed $1,000,000 to a foreign contractor: Provided, That
    this section shall not be applicable to contract awards for which the
    lowest responsive and responsible bid of a United States contractor
    exceeds the lowest responsive and responsible bid of a foreign
    contractor by greater than 20 percent: Provided further, That this
    section shall not apply to contract awards for military construction on
    Kwajalein Atoll for which the lowest responsive and responsible bid is
    submitted by a Marshallese contractor.
        Sec. 113. The Secretary of Defense is to inform the appropriate
    committees of both Houses of Congress, including the Committees on
    Appropriations, of the plans and scope of any proposed military
    exercise involving United States personnel 30 days prior to its
    occurring, if amounts expended for construction, either temporary or
    permanent, are anticipated to exceed $100,000.
        Sec. 114. Not more than 20 percent of the funds made available in
    this title which are limited for obligation during the current fiscal
    year shall be obligated during the last two months of the fiscal year.

                         (including transfer of funds)

        Sec. 115. Funds appropriated to the Department of Defense for
    construction in prior years shall be available for construction
    authorized for each such military department by the authorizations
    enacted into law during the current session of Congress.
        Sec. 116. For military construction or family housing projects that
    are being completed with funds otherwise expired or lapsed for
    obligation, expired or lapsed funds may be used to pay the cost of
    associated supervision, inspection, overhead, engineering and design on
    those projects and on subsequent claims, if any.
        Sec. 117. Notwithstanding any other provision of law, any funds
    made available to a military department or defense agency for the
    construction of military projects may be obligated for a military
    construction project or contract, or for any portion of such a project
    or contract, at any time before the end of the fourth fiscal year after
    the fiscal year for which funds for such project were made available,
    if the funds obligated for such project: (1) are obligated from funds
    available for military construction projects; and (2) do not exceed the
    amount appropriated for such project, plus any amount by which the cost
    of such project is increased pursuant to law.
        Sec. 118. (a) The Secretary of Defense, in consultation with the
    Secretary of State, shall submit to the Committees on Appropriations of
    both Houses of Congress, by February 15 of each year, an annual report,
    in unclassified and, if necessary classified form, on actions taken by
    the Department of Defense and the Department of State during the
    previous fiscal year to encourage host countries to assume a greater
    share of the common defense burden of such countries and the United
    States.
        (b) The report under subsection (a) shall include a description
    of--
                (1) attempts to secure cash and in-kind contributions from
            host countries for military construction projects;
                (2) attempts to achieve economic incentives offered by host
            countries to encourage private investment for the benefit of
            the United States Armed Forces;
                (3) attempts to recover funds due to be paid to the United
            States by host countries for assets deeded or otherwise
            imparted to host countries upon the cessation of United States
            operations at military installations;
                (4) the amount spent by host countries on defense, in
            dollars and in terms of the percent of gross domestic product
            (GDP) of the host country; and
                (5) for host countries that are members of the North
            Atlantic Treaty Organization (NATO), the amount contributed to
            NATO by host countries, in dollars and in terms of the percent
            of the total NATO budget.
        (c) In this section, the term ``host country'' means other member
    countries of NATO, Japan, South Korea, and United States allies
    bordering the Arabian Sea.

                         (including transfer of funds)

        Sec. 119. In addition to any other transfer authority available to
    the Department of Defense, proceeds deposited to the Department of
    Defense Base Closure Account established by section 207(a)(1) of the
    Defense Authorization Amendments and Base Closure and Realignment Act
    (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
    be transferred to the account established by section 2906(a)(1) of the
    Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
    to be merged with, and to be available for the same purposes and the
    same time period as that account.

                         (including transfer of funds)

        Sec. 120. Subject to 30 days prior notification to the Committees
    on Appropriations of both Houses of Congress, such additional amounts
    as may be determined by the Secretary of Defense may be transferred to:
    (1) the Department of Defense Family Housing Improvement Fund from
    amounts appropriated for construction in ``Family Housing'' accounts,
    to be merged with and to be available for the same purposes and for the
    same period of time as amounts appropriated directly to the Fund; or
    (2) the Department of Defense Military Unaccompanied Housing
    Improvement Fund from amounts appropriated for construction of military
    unaccompanied housing in ``Military Construction'' accounts, to be
    merged with and to be available for the same purposes and for the same
    period of time as amounts appropriated directly to the Fund: Provided,
    That appropriations made available to the Funds shall be available to
    cover the costs, as defined in section 502(5) of the Congressional
    Budget Act of 1974, of direct loans or loan guarantees issued by the
    Department of Defense pursuant to the provisions of subchapter IV of
    chapter 169 of title 10, United States Code, pertaining to alternative
    means of acquiring and improving military family housing, military
    unaccompanied housing, and supporting facilities.
        Sec. 121. (a) Not later than 60 days before issuing any
    solicitation for a contract with the private sector for military family
    housing the Secretary of the military department concerned shall submit
    to the Committees on Appropriations of both Houses of Congress the
    notice described in subsection (b).
        (b)(1) A notice referred to in subsection (a) is a notice of any
    guarantee (including the making of mortgage or rental payments)
    proposed to be made by the Secretary to the private party under the
    contract involved in the event of--
                (A) the closure or realignment of the installation for
            which housing is provided under the contract;
                (B) a reduction in force of units stationed at such
            installation; or
                (C) the extended deployment overseas of units stationed at
            such installation.
        (2) Each notice under this subsection shall specify the nature of
    the guarantee involved and assess the extent and likelihood, if any, of
    the liability of the Federal Government with respect to the guarantee.

                         (including transfer of funds)

        Sec. 122. In addition to any other transfer authority available to
    the Department of Defense, amounts may be transferred from the accounts
    established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
    Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
    established by section 1013(d) of the Demonstration Cities and
    Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
    expenses associated with the Homeowners Assistance Program. Any amounts
    transferred shall be merged with and be available for the same purposes
    and for the same time period as the fund to which transferred.
        Sec. 123. Notwithstanding this or any other provision of law, funds
    made available in this title for operation and maintenance of family
    housing shall be the exclusive source of funds for repair and
    maintenance of all family housing units, including general or flag
    officer quarters: Provided, That not more than $35,000 per unit may be
    spent annually for the maintenance and repair of any general or flag
    officer quarters without 30 days prior notification to the Committees
    on Appropriations of both Houses of Congress, except that an after-the-
    fact notification shall be submitted if the limitation is exceeded
    solely due to costs associated with environmental remediation that
    could not be reasonably anticipated at the time of the budget
    submission: Provided further, That the Under Secretary of Defense
    (Comptroller) is to report annually to the Committees on Appropriations
    of both Houses of Congress all operation and maintenance expenditures
    for each individual general or flag officer quarters for the prior
    fiscal year.
        Sec. 124. Whenever the Secretary of Defense or any other official
    of the Department of Defense is requested by the subcommittee on
    Military Construction, Veterans Affairs, and Related Agencies of the
    Committee on Appropriations of the House of Representatives or the
    subcommittee on Military Construction, Veterans Affairs, and Related
    Agencies of the Committee on Appropriations of the Senate to respond to
    a question or inquiry submitted by the chairman or another member of
    that subcommittee pursuant to a subcommittee hearing or other activity,
    the Secretary (or other official) shall respond to the request, in
    writing, within 21 days of the date on which the request is transmitted
    to the Secretary (or other official).
        Sec. 125. Amounts contained in the Ford Island Improvement Account
    established by subsection (h) of section 2814 of title 10, United
    States Code, are appropriated and shall be available until expended for
    the purposes specified in subsection (i)(1) of such section or until
    transferred pursuant to subsection (i)(3) of such section.

                         (including transfer of funds)

        Sec. 126. None of the funds made available in this title, or in any
    Act making appropriations for military construction which remain
    available for obligation, may be obligated or expended to carry out a
    military construction, land acquisition, or family housing project at
    or for a military installation approved for closure, or at a military
    installation for the purposes of supporting a function that has been
    approved for realignment to another installation, in 2005 under the
    Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
    of Public Law 101-510; 10 U.S.C. 2687 note), unless such a project at a
    military installation approved for realignment will support a
    continuing mission or function at that installation or a new mission or
    function that is planned for that installation, or unless the Secretary
    of Defense certifies that the cost to the United States of carrying out
    such project would be less than the cost to the United States of
    cancelling such project, or if the project is at an active component
    base that shall be established as an enclave or in the case of projects
    having multi-agency use, that another Government agency has indicated
    it will assume ownership of the completed project. The Secretary of
    Defense may not transfer funds made available as a result of this
    limitation from any military construction project, land acquisition, or
    family housing project to another account or use such funds for another
    purpose or project without the prior approval of the Committees on
    Appropriations of both Houses of Congress. This section shall not apply
    to military construction projects, land acquisition, or family housing
    projects for which the project is vital to the national security or the
    protection of health, safety, or environmental quality: Provided, That
    the Secretary of Defense shall notify the congressional defense
    committees within seven days of a decision to carry out such a military
    construction project.

                         (including transfer of funds)

        Sec. 127. During the 5-year period after appropriations available
    in this Act to the Department of Defense for military construction and
    family housing operation and maintenance and construction have expired
    for obligation, upon a determination that such appropriations will not
    be necessary for the liquidation of obligations or for making
    authorized adjustments to such appropriations for obligations incurred
    during the period of availability of such appropriations, unobligated
    balances of such appropriations may be transferred into the
    appropriation ``Foreign Currency Fluctuations, Construction, Defense'',
    to be merged with and to be available for the same time period and for
    the same purposes as the appropriation to which transferred.
        Sec. 128. None of the funds in this title shall be used for any
    activity related to the construction of an Outlying Landing Field in
    Washington County, North Carolina.

                                    TITLE II

                         DEPARTMENT OF VETERANS AFFAIRS

                        Veterans Benefits Administration

                           compensation and pensions

                         (including transfer of funds)

        For the payment of compensation benefits to or on behalf of
    veterans and a pilot program for disability examinations as authorized
    by section 107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38,
    United States Code; pension benefits to or on behalf of veterans as
    authorized by chapters 15, 51, 53, 55, and 61 of title 38, United
    States Code; and burial benefits, the Reinstated Entitlement Program
    for Survivors, emergency and other officers' retirement pay, adjusted-
    service credits and certificates, payment of premiums due on commercial
    life insurance policies guaranteed under the provisions of title IV of
    the Servicemembers Civil Relief Act (50 U.S.C. App. 541 et seq.) and
    for other benefits as authorized by sections 107, 1312, 1977, and 2106,
    and chapters 23, 51, 53, 55, and 61 of title 38, United States Code,
    $41,236,322,000, to remain available until expended: Provided, That not
    to exceed $28,583,000 of the amount appropriated under this heading
    shall be reimbursed to ``General operating expenses'' and ``Medical
    administration'' for necessary expenses in implementing the provisions
    of chapters 51, 53, and 55 of title 38, United States Code, the funding
    source for which is specifically provided as the ``Compensation and
    pensions'' appropriation: Provided further, That such sums as may be
    earned on an actual qualifying patient basis, shall be reimbursed to
    ``Medical care collections fund'' to augment the funding of individual
    medical facilities for nursing home care provided to pensioners as
    authorized.

                             readjustment benefits

        For the payment of readjustment and rehabilitation benefits to or
    on behalf of veterans as authorized by chapters 21, 30, 31, 34, 35, 36,
    39, 51, 53, 55, and 61 of title 38, United States Code, $3,300,289,000,
    to remain available until expended: Provided, That expenses for
    rehabilitation program services and assistance which the Secretary is
    authorized to provide under subsection (a) of section 3104 of title 38,
    United States Code, other than under paragraphs (1), (2), (5), and (11)
    of that subsection, shall be charged to this account.

                       veterans insurance and indemnities

        For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by title 38, United
    States Code, chapters 19 and 21, $41,250,000, to remain available until
    expended.

             veterans housing benefit program fund program account

        For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the program, as authorized by subchapters I
    through III of chapter 37 of title 38, United States Code: Provided,
    That such costs, including the cost of modifying such loans, shall be
    as defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That during fiscal year 2008, within the resources
    available, not to exceed $500,000 in gross obligations for direct loans
    are authorized for specially adapted housing loans.
        In addition, for administrative expenses to carry out the direct
    and guaranteed loan programs, $154,562,000.

                vocational rehabilitation loans program account

                         (including transfer of funds)

        For the cost of direct loans, $71,000, as authorized by chapter 31
    of title 38, United States Code: Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974: Provided further, That funds made
    available under this heading are available to subsidize gross
    obligations for the principal amount of direct loans not to exceed
    $3,287,000.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $311,000, which may be transferred to and merged
    with the appropriation for ``General operating expenses''.

              native american veteran housing loan program account

        For administrative expenses to carry out the direct loan program
    authorized by subchapter V of chapter 37 of title 38, United States
    Code, $628,000.

      guaranteed transitional housing loans for homeless veterans program
                                    account

        For the administrative expenses to carry out the guaranteed
    transitional housing loan program authorized by subchapter VI of
    chapter 20 of title 38, United States Code, not to exceed $750,000 of
    the amounts appropriated by this Act for ``General operating expenses''
    and ``Medical administration'' may be expended.

                         Veterans Health Administration

                                medical services

                         (including transfer of funds)

        For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in section
    1705(a) of title 38, United States Code, including care and treatment
    in facilities not under the jurisdiction of the Department, and
    including medical supplies and equipment, food services, and salaries
    and expenses of health-care employees hired under title 38, United
    States Code, and aid to State homes as authorized by section 1741 of
    title 38, United States Code; $29,104,220,000, plus reimbursements, of
    which not less than $2,900,000,000 shall be expended for specialty
    mental health care and not less than $130,000,000 shall be expended for
    the homeless grants and per diem program: Provided, That of the funds
    made available under this heading, not to exceed $1,350,000,000 shall
    be available until September 30, 2009: Provided further, That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs shall establish a priority for the provision of medical
    treatment for veterans who have service-connected disabilities, lower
    income, or have special needs: Provided further, That, notwithstanding
    any other provision of law, the Secretary of Veterans Affairs shall
    give priority funding for the provision of basic medical benefits to
    veterans in enrollment priority groups 1 through 6: Provided further,
    That, notwithstanding any other provision of law, the Secretary of
    Veterans Affairs may authorize the dispensing of prescription drugs
    from Veterans Health Administration facilities to enrolled veterans
    with privately written prescriptions based on requirements established
    by the Secretary: Provided further, That the implementation of the
    program described in the previous proviso shall incur no additional
    cost to the Department of Veterans Affairs: Provided further, That for
    the Department of Defense/Department of Veterans Affairs Health Care
    Sharing Incentive Fund, as authorized by section 8111(d) of title 38,
    United States Code, a minimum of $15,000,000, to remain available until
    expended, for any purpose authorized by section 8111 of title 38,
    United States Code.

                             medical administration

        For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities; and administrative and legal expenses of the
    Department for collecting and recovering amounts owed the Department as
    authorized under chapter 17 of title 38, United States Code, and the
    Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.):
    $3,517,000,000, plus reimbursements, of which $250,000,000 shall be
    available until September 30, 2009.

                               medical facilities

        For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, and domiciliary facilities and other
    necessary facilities of the Veterans Health Administration; for
    administrative expenses in support of planning, design, project
    management, real property acquisition and disposition, construction,
    and renovation of any facility under the jurisdiction or for the use of
    the Department; for oversight, engineering, and architectural
    activities not charged to project costs; for repairing, altering,
    improving, or providing facilities in the several hospitals and homes
    under the jurisdiction of the Department, not otherwise provided for,
    either by contract or by the hire of temporary employees and purchase
    of materials; for leases of facilities; and for laundry services,
    $4,100,000,000, plus reimbursements, of which $350,000,000 shall be
    available until September 30, 2009: Provided, That $325,000,000 for
    non-recurring maintenance provided under this heading shall be
    allocated in a manner not subject to the Veterans Equitable Resource
    Allocation.

                        medical and prosthetic research

        For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by chapter 73 of
    title 38, United States Code, $480,000,000, plus reimbursements, to
    remain available until September 30, 2009.

                        National Cemetery Administration

        For necessary expenses of the National Cemetery Administration for
    operations and maintenance, not otherwise provided for, including
    uniforms or allowances therefor; cemeterial expenses as authorized by
    law; purchase of one passenger motor vehicle for use in cemeterial
    operations; and hire of passenger motor vehicles, $195,000,000, of
    which not to exceed $20,000,000 shall be available until September 30,
    2009.

                          Departmental Administration

                           general operating expenses

        For necessary operating expenses of the Department of Veterans
    Affairs, not otherwise provided for, including administrative expenses
    in support of Department-Wide capital planning, management and policy
    activities, uniforms, or allowances therefor; not to exceed $25,000 for
    official reception and representation expenses; hire of passenger motor
    vehicles; and reimbursement of the General Services Administration for
    security guard services, and the Department of Defense for the cost of
    overseas employee mail, $1,605,000,000: Provided, That expenses for
    services and assistance authorized under paragraphs (1), (2), (5), and
    (11) of section 3104(a) of title 38, United States Code, that the
    Secretary of Veterans Affairs determines are necessary to enable
    entitled veterans: (1) to the maximum extent feasible, to become
    employable and to obtain and maintain suitable employment; or (2) to
    achieve maximum independence in daily living, shall be charged to this
    account: Provided further, That the Veterans Benefits Administration
    shall be funded at not less than $1,327,001,000: Provided further, That
    of the funds made available under this heading, not to exceed
    $75,000,000 shall be available for obligation until September 30, 2009:
    Provided further, That from the funds made available under this
    heading, the Veterans Benefits Administration may purchase (on a one-
    for-one replacement basis only) up to two passenger motor vehicles for
    use in operations of that Administration in Manila, Philippines.

                         information technology systems

        For necessary expenses for information technology systems and
    telecommunications support, including developmental information systems
    and operational information systems; including pay and associated cost
    for operations and maintenance associated staff; for the capital asset
    acquisition of information technology systems, including management and
    related contractual costs of said acquisitions, including contractual
    costs associated with operations authorized by section 3109 of title 5,
    United States Code, $1,966,465,000, to be available until September 30,
    2009: Provided, That none of these funds may be obligated until the
    Department of Veterans Affairs submits to the Committees on
    Appropriations of both Houses of Congress, and such Committees approve,
    a plan for expenditure that: (1) meets the capital planning and
    investment control review requirements established by the Office of
    Management and Budget; (2) complies with the Department of Veterans
    Affairs enterprise architecture; (3) conforms with an established
    enterprise life cycle methodology; and (4) complies with the
    acquisition rules, requirements, guidelines, and systems acquisition
    management practices of the Federal Government: Provided further, That
    within 30 days of enactment of this Act, the Secretary of Veterans
    Affairs shall submit to the Committees on Appropriations of both Houses
    of Congress a reprogramming base letter which provides, by project, the
    costs included in this appropriation.

                          office of inspector general

        For necessary expenses of the Office of Inspector General, to
    include information technology, in carrying out the provisions of the
    Inspector General Act of 1978 (5 U.S.C. App.), $80,500,000, of which
    $5,000,000 shall be available until September 30, 2009.

                          construction, major projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, or for any of the
    purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
    8109, 8110, and 8122 of title 38, United States Code, including
    planning, architectural and engineering services, construction
    management services, maintenance or guarantee period services costs
    associated with equipment guarantees provided under the project,
    services of claims analysts, offsite utility and storm drainage system
    construction costs, and site acquisition, where the estimated cost of a
    project is more than the amount set forth in section 8104(a)(3)(A) of
    title 38, United States Code, or where funds for a project were made
    available in a previous major project appropriation, $1,069,100,000, to
    remain available until expended, of which $2,000,000 shall be to make
    reimbursements as provided in section 13 of the Contract Disputes Act
    of 1978 (41 U.S.C. 612) for claims paid for contract disputes:
    Provided, That except for advance planning activities, including needs
    assessments which may or may not lead to capital investments, and other
    capital asset management related activities, including portfolio
    development and management activities, and investment strategy studies
    funded through the advance planning fund and the planning and design
    activities funded through the design fund, including needs assessments
    which may or may not lead to capital investments, none of the funds
    appropriated under this heading shall be used for any project which has
    not been approved by the Congress in the budgetary process: Provided
    further, That funds provided in this appropriation for fiscal year
    2008, for each approved project shall be obligated: (1) by the awarding
    of a construction documents contract by September 30, 2008; and (2) by
    the awarding of a construction contract by September 30, 2009: Provided
    further, That the Secretary of Veterans Affairs shall promptly submit
    to the Committees on Appropriations of both Houses of Congress a
    written report on any approved major construction project for which
    obligations are not incurred within the time limitations established
    above: Provided further, That none of the funds appropriated in this or
    any other Act may be used to reduce the mission, services, or
    infrastructure, including land, of the 18 facilities on the Capital
    Asset Realignment for Enhanced Services (CARES) list requiring further
    study, as specified by the Secretary of Veterans Affairs, without prior
    approval of the Committees on Appropriations of both Houses of
    Congress.

                          construction, minor projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, including planning and
    assessments of needs which may lead to capital investments,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm
    drainage system construction costs, and site acquisition, or for any of
    the purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106,
    8108, 8109, 8110, 8122, and 8162 of title 38, United States Code, where
    the estimated cost of a project is equal to or less than the amount set
    forth in section 8104(a)(3)(A) of title 38, United States Code,
    $630,535,000, to remain available until expended, along with
    unobligated balances of previous ``Construction, minor projects''
    appropriations which are hereby made available for any project where
    the estimated cost is equal to or less than the amount set forth in
    such section: Provided, That funds in this account shall be available
    for: (1) repairs to any of the nonmedical facilities under the
    jurisdiction or for the use of the Department which are necessary
    because of loss or damage caused by any natural disaster or
    catastrophe; and (2) temporary measures necessary to prevent or to
    minimize further loss by such causes.

           grants for construction of state extended care facilities

        For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify, or alter
    existing hospital, nursing home, and domiciliary facilities in State
    homes, for furnishing care to veterans as authorized by sections 8131
    through 8137 of title 38, United States Code, $165,000,000, to remain
    available until expended.

              grants for construction of state veterans cemeteries

        For grants to assist States in establishing, expanding, or
    improving State veterans cemeteries as authorized by section 2408 of
    title 38, United States Code, $39,500,000, to remain available until
    expended.

                           Administrative Provisions

                         (including transfer of funds)

        Sec. 201. Any appropriation for fiscal year 2008 for ``Compensation
    and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
    indemnities'' may be transferred as necessary to any other of the
    mentioned appropriations: Provided, That before a transfer may take
    place, the Secretary of Veterans Affairs shall request from the
    Committees on Appropriations of both Houses of Congress the authority
    to make the transfer and such Committees issue an approval, or absent a
    response, a period of 30 days has elapsed.

                         (including transfer of funds)

        Sec. 202. Amounts made available for fiscal year 2008, in this Act
    or any other Act, under the ``Medical services'', ``Medical
    Administration'', and ``Medical facilities'' accounts may be
    transferred among the accounts to the extent necessary to implement the
    restructuring of the Veterans Health Administration accounts: Provided,
    That before a transfer may take place, the Secretary of Veterans
    Affairs shall request from the Committees on Appropriations of both
    Houses of Congress the authority to make the transfer and an approval
    is issued.
        Sec. 203. Appropriations available in this title for salaries and
    expenses shall be available for services authorized by section 3109 of
    title 5, United States Code, hire of passenger motor vehicles; lease of
    a facility or land or both; and uniforms or allowances therefore, as
    authorized by sections 5901 through 5902 of title 5, United States
    Code.
        Sec. 204. No appropriations in this title (except the
    appropriations for ``Construction, major projects'', and
    ``Construction, minor projects'') shall be available for the purchase
    of any site for or toward the construction of any new hospital or home.
        Sec. 205. No appropriations in this title shall be available for
    hospitalization or examination of any persons (except beneficiaries
    entitled to such hospitalization or examination under the laws
    providing such benefits to veterans, and persons receiving such
    treatment under sections 7901 through 7904 of title 5, United States
    Code, or the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act (42 U.S.C. 5121 et seq.)), unless reimbursement of the
    cost of such hospitalization or examination is made to the ``Medical
    services'' account at such rates as may be fixed by the Secretary of
    Veterans Affairs.
        Sec. 206. Appropriations available in this title for ``Compensation
    and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
    indemnities'' shall be available for payment of prior year accrued
    obligations required to be recorded by law against the corresponding
    prior year accounts within the last quarter of fiscal year 2007.
        Sec. 207. Appropriations available in this title shall be available
    to pay prior year obligations of corresponding prior year
    appropriations accounts resulting from sections 3328(a), 3334, and
    3712(a) of title 31, United States Code, except that if such
    obligations are from trust fund accounts they shall be payable only
    from ``Compensation and pensions''.

                         (including transfer of funds)

        Sec. 208. Notwithstanding any other provision of law, during fiscal
    year 2008, the Secretary of Veterans Affairs shall, from the National
    Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special
    Life Insurance Fund (38 U.S.C. 1923), and the United States Government
    Life Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
    expenses'' account for the cost of administration of the insurance
    programs financed through those accounts: Provided, That reimbursement
    shall be made only from the surplus earnings accumulated in such an
    insurance program during fiscal year 2008 that are available for
    dividends in that program after claims have been paid and actuarially
    determined reserves have been set aside: Provided further, That if the
    cost of administration of such an insurance program exceeds the amount
    of surplus earnings accumulated in that program, reimbursement shall be
    made only to the extent of such surplus earnings: Provided further,
    That the Secretary shall determine the cost of administration for
    fiscal year 2008 which is properly allocable to the provision of each
    such insurance program and to the provision of any total disability
    income insurance included in that insurance program.
        Sec. 209. Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.

                         (including transfer of funds)

        Sec. 210. Funds available in this title or funds for salaries and
    other administrative expenses shall also be available to reimburse the
    Office of Resolution Management of the Department of Veterans Affairs
    and the Office of Employment Discrimination Complaint Adjudication
    under section 319 of title 38, United States Code, for all services
    provided at rates which will recover actual costs but not exceed
    $32,067,000 for the Office of Resolution Management and $3,148,000 for
    the Office of Employment and Discrimination Complaint Adjudication:
    Provided, That payments may be made in advance for services to be
    furnished based on estimated costs: Provided further, That amounts
    received shall be credited to ``General operating expenses'' for use by
    the office that provided the service.
        Sec. 211. No appropriations in this title shall be available to
    enter into any new lease of real property if the estimated annual
    rental is more than $300,000 unless the Secretary submits a report
    which the Committees on Appropriations of both Houses of Congress
    approve within 30 days following the date on which the report is
    received.
        Sec. 212. No funds of the Department of Veterans Affairs shall be
    available for hospital care, nursing home care, or medical services
    provided to any person under chapter 17 of title 38, United States
    Code, for a non-service-connected disability described in section
    1729(a)(2) of such title, unless that person has disclosed to the
    Secretary of Veterans Affairs, in such form as the Secretary may
    require, current, accurate third-party reimbursement information for
    purposes of section 1729 of such title: Provided, That the Secretary
    may recover, in the same manner as any other debt due the United
    States, the reasonable charges for such care or services from any
    person who does not make such disclosure as required: Provided further,
    That any amounts so recovered for care or services provided in a prior
    fiscal year may be obligated by the Secretary during the fiscal year in
    which amounts are received.

                         (including transfer of funds)

        Sec. 213. Notwithstanding any other provision of law, at the
    discretion of the Secretary of Veterans Affairs, proceeds or revenues
    derived from enhanced-use leasing activities (including disposal) may
    be deposited into the ``Construction, major projects'' and
    ``Construction, minor projects'' accounts and be used for construction
    (including site acquisition and disposition), alterations, and
    improvements of any medical facility under the jurisdiction or for the
    use of the Department of Veterans Affairs. Such sums as realized are in
    addition to the amount provided for in ``Construction, major projects''
    and ``Construction, minor projects''.
        Sec. 214. Amounts made available under ``Medical services'' are
    available--
                (1) for furnishing recreational facilities, supplies, and
            equipment; and
                (2) for funeral expenses, burial expenses, and other
            expenses incidental to funerals and burials for beneficiaries
            receiving care in the Department.

                         (including transfer of funds)

        Sec. 215. Such sums as may be deposited to the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, may be transferred to ``Medical services'', to remain available
    until expended for the purposes of that account.
        Sec. 216. Notwithstanding any other provision of law, the Secretary
    of Veterans Affairs shall allow veterans who are eligible under
    existing Department of Veterans Affairs medical care requirements and
    who reside in Alaska to obtain medical care services from medical
    facilities supported by the Indian Health Service or tribal
    organizations. The Secretary shall: (1) limit the application of this
    provision to rural Alaskan veterans in areas where an existing
    Department of Veterans Affairs facility or Veterans Affairs-contracted
    service is unavailable; (2) require participating veterans and
    facilities to comply with all appropriate rules and regulations, as
    established by the Secretary; (3) require this provision to be
    consistent with Capital Asset Realignment for Enhanced Services
    activities; and (4) result in no additional cost to the Department of
    Veterans Affairs or the Indian Health Service.

                         (including transfer of funds)

        Sec. 217. Such sums as may be deposited to the Department of
    Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
    38, United States Code, may be transferred to the ``Construction, major
    projects'' and ``Construction, minor projects'' accounts, to remain
    available until expended for the purposes of these accounts.
        Sec. 218. None of the funds available to the Department of Veterans
    Affairs, in this Act, or any other Act, may be used to replace the
    current system by which the Veterans Integrated Services Networks
    select and contract for diabetes monitoring supplies and equipment.
        Sec. 219. None of the funds made available in this title may be
    used to implement any policy prohibiting the Directors of the Veterans
    Integrated Services Networks from conducting outreach or marketing to
    enroll new veterans within their respective Networks.
        Sec. 220. The Secretary of Veterans Affairs shall submit to the
    Committees on Appropriations of both Houses of Congress a quarterly
    report on the financial status of the Veterans Health Administration.

                         (including transfer of funds)

        Sec. 221. Amounts made available under the ``Medical services'',
    ``Medical Administration'', ``Medical facilities'', ``General operating
    expenses'', and ``National Cemetery Administration'' accounts for
    fiscal year 2008, may be transferred to or from the ``Information
    technology systems'' account: Provided, That before a transfer may take
    place, the Secretary of Veterans Affairs shall request from the
    Committees on Appropriations of both Houses of Congress the authority
    to make the transfer and an approval is issued.
        Sec. 222. Amounts made available for the ``Information technology
    systems'' account may be transferred between projects: Provided, That
    no project may be increased or decreased by more than $1,000,000 of
    cost prior to submitting a request to the Committees on Appropriations
    of both Houses of Congress to make the transfer and an approval is
    issued, or absent a response, a period of 30 days has elapsed.

                         (including transfer of funds)

        Sec. 223. Any balances in prior year accounts established for the
    payment of benefits under the Reinstated Entitlement Program for
    Survivors shall be transferred to and merged with amounts available
    under the ``Compensation and pensions'' account, and receipts that
    would otherwise be credited to the accounts established for the payment
    of benefits under the Reinstated Entitlement Program for Survivors
    program shall be credited to amounts available under the ``Compensation
    and pensions'' account.
        Sec. 224. Prohibition on Disposal of Department of Veterans Affairs
    Lands and Improvements at West Los Angeles Medical Center, California.
    (a) In General.--The Secretary of Veterans Affairs may not declare as
    excess to the needs of the Department of Veterans Affairs, or otherwise
    take any action to exchange, trade, auction, transfer, or otherwise
    dispose of, or reduce the acreage of, Federal land and improvements at
    the Department of Veterans Affairs West Los Angeles Medical Center,
    California, encompassing approximately 388 acres on the north and south
    sides of Wilshire Boulevard and west of the 405 Freeway.
        (b) Special Provision Regarding Lease With Representative of the
    Homeless.--Notwithstanding any provision of this Act, section 7 of the
    Homeless Veterans Comprehensive Services Act of 1992 (Public Law 102-
    590) shall remain in effect.
        (c) Conforming Amendment.--Section 8162(c)(1) of title 38, United
    States Code, is amended--
                (1) by inserting ``or section 224(a) of the Military
            Construction and Veterans Affairs and Related Agencies
            Appropriations Act, 2008'' after ``section 421(b)(2) of the
            Veterans' Benefits and Services Act of 1988 (Public Law 100-
            322; 102 Stat. 553)''; and
                (2) by striking ``that section'' and inserting ``such
            sections''.
        (d) Effective Date.--This section, including the amendment made by
    this section, shall apply with respect to fiscal year 2008 and each
    fiscal year thereafter.
        Sec. 225. The Department shall continue research into Gulf War
    Illness at levels not less than those made available in fiscal year
    2007, within available funds contained in this Act.
        Sec. 226. (a) Not later than 30 days after the date of the
    enactment of this Act, the Inspector General of the Department of
    Veterans Affairs shall establish and maintain on the homepage of the
    Internet website of the Office of Inspector General a mechanism by
    which individuals can anonymously report cases of waste, fraud, or
    abuse with respect to the Department of Veterans Affairs.
        (b) Not later than 30 days after the date of the enactment of this
    Act, the Secretary of Veterans Affairs shall establish and maintain on
    the homepage of the Internet website of the Department of Veterans
    Affairs a direct link to the Internet website of the Office of
    Inspector General of the Department of Veterans Affairs.
        Sec. 227. (a) Upon a determination by the Secretary of Veterans
    Affairs that such action is in the national interest, and will have a
    direct benefit for veterans through increased access to treatment, the
    Secretary of Veterans Affairs may transfer not more than $5,000,000 to
    the Secretary of Health and Human Services for the Graduate Psychology
    Education Program, which includes treatment of veterans, to support
    increased training of psychologists skilled in the treatment of post-
    traumatic stress disorder, traumatic brain injury, and related
    disorders.
        (b) The Secretary of Health and Human Services may only use funds
    transferred under this section for the purposes described in subsection
    (a).
        (c) The Secretary of Veterans Affairs shall notify Congress of any
    such transfer of funds under this section.
        Sec. 228. None of the funds appropriated or otherwise made
    available by this Act or any other Act for the Department of Veterans
    Affairs may be used in a manner that is inconsistent with--
                (1) section 842 of the Transportation, Treasury, Housing
            and Urban Development, the Judiciary, and Independent Agencies
            Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506);
            or
                (2) section 8110(a)(5) of title 38, United States Code.
        Sec. 229. The Secretary of Veterans Affairs may carry out a major
    medical facility lease in fiscal year 2008 in an amount not to exceed
    $12,000,000 to implement the recommendations outlined in the August,
    2007 Study of South Texas Veterans' Inpatient and Specialty Outpatient
    Health Care Needs.

                         (including recission of funds)

        Sec. 230. Of the amounts made available for ``Veterans Health
    Administration, Medical Services'' in Public Law 110-28, $66,000,000
    are rescinded. For an additional amount for ``Departmental
    Administration, Construction, Major Projects'', $66,000,000, to be
    available until expended: Provided, That the amount provided by this
    section is designated as described in section 5 (in the matter
    preceding division A of this consolidated Act).
        Sec. 231. Section 1710(f)(2)(B) of title 38, United States Code, is
    amended by striking ``September 30, 2007,'' and inserting ``September
    30, 2008,''.
        Sec. 232. Section 1729(a)(2)(E) of title 38, United States Code, is
    amended by striking ``October 1, 2007,'' and inserting ``October 1,
    2008,''.
        Sec. 233. The unobligated balance of funds appropriated under the
    heading ``Construction, Major Projects'' in Public Law 109-234 for
    environmental clean-up and removal of debris from the Department of
    Veterans Affairs property in Gulfport, Mississippi, shall be available
    to the Department to replace missing doors and windows, and to repair
    roofs, of the buildings identified by the City of Gulfport,
    Mississippi, that will convey with the property, to prevent further
    environmental damage to the interior infrastructure of these buildings:
    Provided, That the amount provided by this section is designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act).
        Sec. 234. Notwithstanding any other provision of law, increases
    necessary to carry out section 3674 of title 38, United States Code at
    a level equal to fiscal year 2007 shall be available from amounts
    provided in this title for ``Departmental Administration, General
    Operating Expenses''.
        Sec. 235. (a) Emergency Designation.--Notwithstanding any other
    provision of this title (except section 230), of the amounts otherwise
    provided by this title for the following accounts, the following
    amounts are designated as emergency requirements and necessary to meet
    emergency needs pursuant to subsections (a) and (b) of section 204 of
    S. Con. Res. 21 (110th Congress), the concurrent resolution on the
    budget for fiscal year 2008:
                Veterans Health Administration, Medical Services,
            $1,936,549,000.
                Veterans Health Administration, Medical Administration,
            $75,000,000.
                Veterans Health Administration, Medical Facilities,
            $508,000,000.
                Veterans Health Administration, Medical and Prosthetic
            Research, $69,000,000.
                National Cemetery Administration, $28,191,000.
                Departmental Administration, General Operating Expenses,
            $133,163,000.
                Departmental Administration, Information Technology
            Systems, $107,248,000.
                Departmental Administration, Office of the Inspector
            General, $7,901,000.
                Departmental Administration, Construction, Major Projects,
            $341,700,000.
                Departmental Administration, Construction, Minor Projects,
            $397,139,000.
                Departmental Administration, Grants for Construction of
            State Extended Care Facilities, $80,000,000.
                Departmental Administration, Grants for Construction of
            State Veterans Cemeteries, $7,500,000.
        (b) Contingent Appropriation.--Any amount appropriated in this
    title that is designated by the Congress as an emergency requirement
    pursuant to subsection (a) shall be made available only after
    submission to the Congress by January 18, 2008, a formal budget request
    by the President that includes designation of the entire amount of the
    request as an emergency requirement.
        (c) Requirement for Availability.--None of the funds described in
    subsection (a) shall become available for obligation unless all such
    funds are made available for obligation.

                                   TITLE III

                                RELATED AGENCIES

                      American Battle Monuments Commission

                             salaries and expenses

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one-for-one replacement
    basis only) and hire of passenger motor vehicles; not to exceed $7,500
    for official reception and representation expenses; and insurance of
    official motor vehicles in foreign countries, when required by law of
    such countries, $44,600,000, to remain available until expended.

                     foreign currency fluctuations account

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, $11,000,000, to remain available until
    expended, for purposes authorized by section 2109 of title 36, United
    States Code.

               United States Court of Appeals for Veterans Claims

                             salaries and expenses

        For necessary expenses for the operation of the United States Court
    of Appeals for Veterans Claims as authorized by sections 7251 through
    7298 of title 38, United States Code, $22,717,000, of which $1,210,000
    shall be available for the purpose of providing financial assistance as
    described, and in accordance with the process and reporting procedures
    set forth, under this heading in Public Law 102-229.

                          Department of Defense--Civil

                           Cemeterial Expenses, Army

                             salaries and expenses

        For necessary expenses, as authorized by law, for maintenance,
    operation, and improvement of Arlington National Cemetery and Soldiers'
    and Airmen's Home National Cemetery, including the purchase of two
    passenger motor vehicles for replacement only, and not to exceed $1,000
    for official reception and representation expenses, $31,230,000, to
    remain available until expended. In addition, such sums as may be
    necessary for parking maintenance, repairs and replacement, to be
    derived from the Lease of Department of Defense Real Property for
    Defense Agencies account.
        Funds appropriated under this Act may be provided to Arlington
    County, Virginia, for the relocation of the federally-owned water main
    at Arlington National Cemetery making additional land available for
    ground burials.

                          Armed Forces Retirement Home

                                   trust fund

        For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the Armed Forces Retirement Home--Washington,
    District of Columbia and the Armed Forces Retirement Home--Gulfport,
    Mississippi, to be paid from funds available in the Armed Forces
    Retirement Home Trust Fund, $55,724,000.

               General Fund Payment, Armed Forces Retirement Home

        For payment to the ``Armed Forces Retirement Home'', $800,000, to
    remain available until expended.

                                    TITLE IV

                               GENERAL PROVISIONS

        Sec. 401. 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. 402. Such sums as may be necessary for fiscal year 2008 for
    pay raises for programs funded by this Act shall be absorbed within the
    levels appropriated in this Act.
        Sec. 403. None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
        Sec. 404. No part of any funds appropriated in this Act shall be
    used by an agency of the executive branch, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, and for the preparation, distribution or use of
    any kit, pamphlet, booklet, publication, radio, television, or film
    presentation designed to support or defeat legislation pending before
    Congress, except in presentation to Congress itself.
        Sec. 405. All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public
    service activities.
        Sec. 406. 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 or any other appropriations Act.
        Sec. 407. Unless stated otherwise, all reports and notifications
    required by this Act shall be submitted to the Subcommittee on Military
    Construction, Veterans Affairs, and Related Agencies of the Committee
    on Appropriations of the House of Representatives and the Subcommittee
    on Military Construction, Veterans Affairs, and Related Agencies of the
    Committee on Appropriations of the Senate.
        Sec. 408. The Director of the Congressional Budget Office shall,
    not later than February 1, 2008, submit to the Committees on
    Appropriations of the House of Representatives and the Senate a report
    projecting annual appropriations necessary for the Department of
    Veterans Affairs to continue providing necessary health care to
    veterans for fiscal years 2009 through 2012.
        Sec. 409. None of the funds appropriated or otherwise made
    available in this Act may be used for any action that is related to or
    promotes the expansion of the boundaries or size of the Pinon Canyon
    Maneuver Site, Colorado.
        Sec. 410. (a) In this section:
                (1) The term ``City'' means the City of Aurora, Colorado.
                (2) The term ``deed'' means the quitclaim deed--
                        (A) conveyed by the Secretary to the City; and
                        (B) dated May 24, 1999.
                (3) The term ``non-Federal land'' means--
                        (A) parcel I of the Fitzsimons Army Medical Center,
                    Colorado; and
                        (B) the parcel of land described in the deed.
                (4) The term ``Secretary'' means the Secretary of the
            Interior.
        (b)(1) In accordance with paragraph (2), to allow the City to
    convey by donation to the United States the non-Federal land to be used
    by the Secretary of Veterans Affairs for the construction of a veterans
    medical facility.
        (2) In carrying out paragraph (1), with respect to the non-Federal
    land, the Secretary shall forego exercising any rights provided by
    the--
                (A) deed relating to a reversionary interest of the United
            States; and
                (B) any other reversionary interest of the United States.
        This division may be cited as the ``Military Construction and
    Veterans Affairs and Related Agencies Appropriations Act, 2008''.

       DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED
                       PROGRAMS APPROPRIATIONS ACT, 2008

                                    TITLE I

                    DEPARTMENT OF STATE AND RELATED AGENCIES

                              DEPARTMENT OF STATE

                       Administration of Foreign Affairs

                        diplomatic and consular programs

                         (including transfer of funds)

        For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, including employment, without
    regard to civil service and classification laws, of persons on a
    temporary basis (not to exceed $700,000 of this appropriation), as
    authorized by section 801 of the United States Information and
    Educational Exchange Act of 1948; representation to certain
    international organizations in which the United States participates
    pursuant to treaties ratified pursuant to the advice and consent of the
    Senate or specific Acts of Congress; arms control, nonproliferation and
    disarmament activities as authorized; acquisition by exchange or
    purchase of passenger motor vehicles as authorized by law; and for
    expenses of general administration, $4,385,042,000: Provided, That of
    the amount provided by this paragraph, $575,000,000 is designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act): Provided further, That of the amount made available
    under this heading, not to exceed $10,000,000 may be transferred to,
    and merged with, ``Emergencies in the Diplomatic and Consular
    Service'', to be available only for emergency evacuations and terrorism
    rewards: Provided further, That of the amount made available under this
    heading, not less than $360,905,000 shall be available only for public
    diplomacy international information programs: Provided further, That of
    the funds made available under this heading, $5,000,000 shall be made
    available for a demonstration program to expand access to consular
    services: Provided further, That of the amount appropriated under this
    heading, $2,000,000 shall be available for the Secretary to establish
    and operate a public/private interagency public diplomacy center which
    shall serve as a program integration and coordination entity for United
    States public diplomacy programs: Provided further, That of the amounts
    appropriated under this heading, $4,000,000, to remain available until
    expended, shall be for compensation to the families of members of the
    Foreign Service or other United States Government employees or their
    dependents, who were killed in terrorist attacks since 1979:  Provided
    further, That none of the funds made available for compensation in the
    previous proviso may be obligated without specific authorization in a
    subsequent Act of Congress: Provided further, That during fiscal year
    2008, foreign service annuitants may be employed, notwithstanding
    section 316.401 of title 5, Code of Federal Regulations, pursuant to
    waivers under section 824(g)(1)(C)(ii) of the Foreign Service Act of
    1980 (22 U.S.C. 4064(g)(1)(C)(ii)): Provided further, That of the funds
    appropriated under this heading, $5,000,000 shall be made available for
    the Ambassador's Fund for Cultural Preservation: Provided further, That
    of the funds appropriated under this heading, $500,000 may not be
    available for obligation until the Secretary of State submits a report
    to the Committees on Appropriations outlining a plan to increase the
    capacity of United States Embassy Moscow to monitor human rights and
    Russian laws relating to the press and civil society groups, and
    consults with the Committees on Appropriations concerning such plan:
    Provided further, That the Secretary may transfer to and merge with
    ``Emergencies in the Diplomatic and Consular Service'' for rewards
    payments unobligated balances of funds appropriated under ``Diplomatic
    and Consular Programs'' for this fiscal year and for each fiscal year
    hereafter, at no later than the end of the fifth fiscal year after the
    fiscal year for which any such funds were appropriated or otherwise
    made available: Provided further, That funds available under this
    heading may be available for a United States Government interagency
    task force to examine, coordinate and oversee United States
    participation in the United Nations headquarters renovation project:
    Provided further, That no funds may be obligated or expended for
    processing licenses for the export of satellites of United States
    origin (including commercial satellites and satellite components) to
    the People's Republic of China unless, at least 15 days in advance, the
    Committees on Appropriations are notified of such proposed action:
    Provided further, That funds appropriated under this heading are
    available, pursuant to 31 U.S.C. 1108(g), for the field examination of
    programs and activities in the United States funded from any account
    contained in this title.
        In addition, not to exceed $1,558,390 shall be derived from fees
    collected from other executive agencies for lease or use of facilities
    located at the International Center in accordance with section 4 of the
    International Center Act; in addition, as authorized by section 5 of
    such Act, $490,000, to be derived from the reserve authorized by that
    section, to be used for the purposes set out in that section; in
    addition, as authorized by section 810 of the United States Information
    and Educational Exchange Act, not to exceed $6,000,000, to remain
    available until expended, may be credited to this appropriation from
    fees or other payments received from English teaching, library, motion
    pictures, and publication programs and from fees from educational
    advising and counseling and exchange visitor programs; and, in
    addition, not to exceed $15,000, which shall be derived from
    reimbursements, surcharges, and fees for use of Blair House facilities.
        In addition, for the costs of worldwide security protection,
    $974,760,000, to remain available until expended: Provided, That of the
    amount provided by this paragraph, $206,632,000 is designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act).

                            capital investment fund

        For necessary expenses of the Capital Investment Fund, $60,062,000,
    to remain available until expended, as authorized: Provided, That
    section 135(e) of Public Law 103-236 shall not apply to funds available
    under this heading.

                          office of inspector general

        For necessary expenses of the Office of Inspector General,
    $34,008,000, notwithstanding section 209(a)(1) of the Foreign Service
    Act of 1980 (Public Law 96-465), as it relates to post inspections.

                   educational and cultural exchange programs

        For expenses of educational and cultural exchange programs, as
    authorized, $505,441,000, to remain available until expended: Provided,
    That not to exceed $5,000,000, to remain available until expended, may
    be credited to this appropriation from fees or other payments received
    from or in connection with English teaching, educational advising and
    counseling programs, and exchange visitor programs as authorized.

                           representation allowances

        For representation allowances as authorized, $8,175,000.

                  protection of foreign missions and officials

        For expenses, not otherwise provided, to enable the Secretary of
    State to provide for extraordinary protective services, as authorized,
    $23,000,000, to remain available until September 30, 2009.

                embassy security, construction, and maintenance

        For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
    repairing, and planning for buildings that are owned or directly leased
    by the Department of State, renovating, in addition to funds otherwise
    available, the Harry S Truman Building, and carrying out the Diplomatic
    Security Construction Program as authorized, $761,216,000, to remain
    available until expended as authorized, of which not to exceed $25,000
    may be used for domestic and overseas representation as authorized:
    Provided, That none of the funds appropriated in this paragraph shall
    be available for acquisition of furniture, furnishings, or generators
    for other departments and agencies.
        In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $676,000,000, to remain
    available until expended.

               emergencies in the diplomatic and consular service

                         (including transfer of funds)

        For expenses necessary to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    $9,000,000, to remain available until expended as authorized, of which
    not to exceed $1,000,000 may be transferred to and merged with the
    ``Repatriation Loans Program Account'', subject to the same terms and
    conditions.

                       repatriation loans program account

                         (including transfer of funds)

        For the cost of direct loans, $678,000, as authorized: Provided,
    That such costs, including the cost of modifying such loans, shall be
    as defined in section 502 of the Congressional Budget Act of 1974.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $607,000, which may be transferred to and merged
    with ``Diplomatic and Consular Programs''.

                  payment to the american institute in taiwan

        For necessary expenses to carry out the Taiwan Relations Act
    (Public Law 96-8), $16,351,000.

         payment to the foreign service retirement and disability fund

        For payment to the Foreign Service Retirement and Disability Fund,
    as authorized by law, $158,900,000.

                          International Organizations

                  contributions to international organizations

        For expenses, not otherwise provided for, necessary to meet annual
    obligations of membership in international multilateral organizations,
    pursuant to treaties ratified pursuant to the advice and consent of the
    Senate, conventions or specific Acts of Congress, $1,354,400,000:
    Provided, That the Secretary of State shall, at the time of the
    submission of the President's budget to Congress under section 1105(a)
    of title 31, United States Code, transmit to the Committees on
    Appropriations the most recent biennial budget prepared by the United
    Nations for the operations of the United Nations: Provided further,
    That the Secretary of State shall notify the Committees on
    Appropriations at least 15 days in advance (or in an emergency, as far
    in advance as is practicable) of any United Nations action to increase
    funding for any United Nations program without identifying an
    offsetting decrease elsewhere in the United Nations budget and cause
    the United Nations budget for the biennium 2008-2009 to exceed the
    revised United Nations budget level for the biennium 2006-2007 of
    $4,173,895,900: Provided further, That any payment of arrearages under
    this title shall be directed toward activities that are mutually agreed
    upon by the United States and the respective international
    organization: Provided further, That none of the funds appropriated in
    this paragraph shall be available for a United States contribution to
    an international organization for the United States share of interest
    costs made known to the United States Government by such organization
    for loans incurred on or after October 1, 1984, through external
    borrowings.

            contributions for international peacekeeping activities

        For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $1,700,500,000, of
    which 15 percent shall remain available until September 30, 2009:
    Provided, That none of the funds made available under this Act shall be
    obligated or expended for any new or expanded United Nations
    peacekeeping mission unless, at least 15 days in advance of voting for
    the new or expanded mission in the United Nations Security Council (or
    in an emergency as far in advance as is practicable): (1) the
    Committees on Appropriations and other appropriate committees of the
    Congress are notified of the estimated cost and length of the mission,
    the national interest that will be served, and the planned exit
    strategy; (2) the Committees on Appropriations and other appropriate
    committees of the Congress are notified that the United Nations has
    taken appropriate measures to prevent United Nations employees,
    contractor personnel, and peacekeeping forces serving in any United
    Nations peacekeeping mission from trafficking in persons, exploiting
    victims of trafficking, or committing acts of illegal sexual
    exploitation, and to hold accountable individuals who engage in such
    acts while participating in the peacekeeping mission, including the
    prosecution in their home countries of such individuals in connection
    with such acts; and (3) a reprogramming of funds pursuant to section
    615 of this Act is submitted, and the procedures therein followed,
    setting forth the source of funds that will be used to pay for the cost
    of the new or expanded mission: Provided further, That funds shall be
    available for peacekeeping expenses only upon a certification by the
    Secretary of State to the Committees on Appropriations that American
    manufacturers and suppliers are being given opportunities to provide
    equipment, services, and material for United Nations peacekeeping
    activities equal to those being given to foreign manufacturers and
    suppliers: Provided further, That of the amount provided by this
    paragraph, $468,000,000 is designated as described in section 5 (in the
    matter preceding division A of this consolidated Act).

                           International Commissions

        For necessary expenses, not otherwise provided for, to meet
    obligations of the United States arising under treaties, or specific
    Acts of Congress, as follows:

     international boundary and water commission, united states and mexico

        For necessary expenses for the United States Section of the
    International Boundary and Water Commission, United States and Mexico,
    and to comply with laws applicable to the United States Section,
    including not to exceed $6,000 for representation; as follows:

                             salaries and expenses

        For salaries and expenses, not otherwise provided for, $30,430,000.

                                  construction

        For detailed plan preparation and construction of authorized
    projects, $88,425,000, to remain available until expended, as
    authorized.

                  american sections, international commissions

        For necessary expenses, not otherwise provided, for the
    International Joint Commission and the International Boundary
    Commission, United States and Canada, as authorized by treaties between
    the United States and Canada or Great Britain, and for the Border
    Environment Cooperation Commission as authorized by Public Law 103-182,
    $10,940,000: Provided, That of the amount provided under this heading
    for the International Joint Commission, $9,000 may be made available
    for representation expenses 45 days after submission to the Committees
    on Appropriations of a report detailing obligations, expenditures and
    associated activities for fiscal years 2005, 2006 and 2007, including
    any unobligated funds which expired at the end of each fiscal year and
    the justification for why such funds were not obligated.
        Of the funds made available in the Science, State, Justice,
    Commerce, and Related Agencies Appropriations Act, 2006, Public Law
    109-108, as continued by the Continuing Appropriations Resolution, 2007
    (division B of Public Law 109-289, as amended by Public Law 110-5), for
    the International Joint Commission (119 Stat. 2323), $300,000 for the
    Lake Champlain Basin Program shall remain available for the purposes
    intended until September 30, 2009.

                      international fisheries commissions

        For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $26,527,000: Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to 31 U.S.C. 3324: Provided further,
    That funds appropriated under this heading shall be available for
    programs in the amounts contained in the table included in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act) accompanying this Act and no
    proposal for deviation from those amounts shall be considered.

                                     Other

                         payment to the asia foundation

        For a grant to the Asia Foundation, as authorized by the Asia
    Foundation Act (22 U.S.C. 4402), $15,500,000, to remain available until
    expended, as authorized.

             center for middle eastern-western dialogue trust fund

        For necessary expenses of the Center for Middle Eastern-Western
    Dialogue Trust Fund, the total amount of the interest and earnings
    accruing to such Fund on or before September 30, 2008, to remain
    available until expended.

                     eisenhower exchange fellowship program

        For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2008, to remain available until
    expended: Provided, That none of the funds appropriated herein shall be
    used to pay any salary or other compensation, or to enter into any
    contract providing for the payment thereof, in excess of the rate
    authorized by 5 U.S.C. 5376; or for purposes which are not in
    accordance with OMB Circulars A-110 (Uniform Administrative
    Requirements) and A-122 (Cost Principles for Non-profit Organizations),
    including the restrictions on compensation for personal services.

                        israeli arab scholarship program

        For necessary expenses of the Israeli Arab Scholarship Program as
    authorized by section 214 of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
    accruing to the Israeli Arab Scholarship Fund on or before September
    30, 2008, to remain available until expended.

                                east-west center

        To enable the Secretary of State to provide for carrying out the
    provisions of the Center for Cultural and Technical Interchange Between
    East and West Act of 1960, by grant to the Center for Cultural and
    Technical Interchange Between East and West in the State of Hawaii,
    $19,500,000: Provided, That none of the funds appropriated herein shall
    be used to pay any salary, or enter into any contract providing for the
    payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                                RELATED AGENCIES

                        Broadcasting Board of Governors

                     international broadcasting operations

        For expenses necessary to enable the Broadcasting Board of
    Governors, as authorized, to carry out international communication
    activities, including the purchase, rent, construction, and improvement
    of facilities for radio and television transmission and reception and
    purchase, lease, and installation of necessary equipment for radio and
    television transmission and reception to Cuba, and to make and
    supervise grants for radio and television broadcasting to the Middle
    East, $676,727,000: Provided, That of the total amount in this heading,
    not to exceed $16,000 may be used for official receptions within the
    United States as authorized, not to exceed $35,000 may be used for
    representation abroad as authorized, and not to exceed $39,000 may be
    used for official reception and representation expenses of Radio Free
    Europe/Radio Liberty; and in addition, notwithstanding any other
    provision of law, not to exceed $2,000,000 in receipts from advertising
    and revenue from business ventures, not to exceed $500,000 in receipts
    from cooperating international organizations, and not to exceed
    $1,000,000 in receipts from privatization efforts of the Voice of
    America and the International Broadcasting Bureau, to remain available
    until expended for carrying out authorized purposes: Provided further,
    That of the amount provided by this paragraph, $12,000,000 is
    designated as described in section 5 (in the matter preceding division
    A of this consolidated Act).

                       broadcasting capital improvements

        For the purchase, rent, construction, and improvement of facilities
    for radio and television transmission and reception, and purchase and
    installation of necessary equipment for radio and television
    transmission and reception as authorized, $10,748,000, to remain
    available until expended, as authorized.

          Commission for the Preservation of America's Heritage Abroad

                             salaries and expenses

        For necessary expenses for the Commission for the Preservation of
    America's Heritage Abroad, $499,000, as authorized by section 1303 of
    Public Law 99-83.

                 Commission on International Religious Freedom

                             salaries and expenses

        For necessary expenses for the United States Commission on
    International Religious Freedom, as authorized by title II of the
    International Religious Freedom Act of 1998 (Public Law 105-292),
    $3,300,000, to remain available until September 30, 2009.

                Commission on Security and Cooperation in Europe

                             salaries and expenses

        For necessary expenses of the Commission on Security and
    Cooperation in Europe, as authorized by Public Law 94-304, $2,370,000,
    to remain available until September 30, 2009.

      Congressional-Executive Commission on the People's Republic of China

                             salaries and expenses

        For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized, $2,000,000, including
    not more than $3,000 for the purpose of official representation, to
    remain available until September 30, 2009.

          United States-China Economic and Security Review Commission

                             salaries and expenses

        For necessary expenses of the United States-China Economic and
    Security Review Commission, $4,000,000, including not more than $4,000
    for the purpose of official representation, to remain available until
    September 30, 2009: Provided, That the Commission shall submit a
    spending plan to the Committees on Appropriations no later than March
    1, 2008 which effectively addresses the recommendations of the
    Government Accountability Office's audit of the Commission (GAO-07-
    1128): Provided further, That the Commission shall provide to the
    Committees on Appropriations a quarterly accounting of the cumulative
    balances of any unobligated funds that were received by the Commission
    during any previous fiscal year: Provided further, That for purposes of
    costs relating to printing and binding, the Commission shall be deemed,
    effective on the date of its establishment, to be a committee of
    Congress: Provided further, That compensation for the executive
    director of the Commission may not exceed the rate payable for level II
    of the Executive Schedule under section 5314 of title 5, United States
    Code: Provided further, That section 1238(c)(1) of the Floyd D. Spence
    National Defense Authorization Act for Fiscal Year 2001, is amended by
    striking ``June'' and inserting ``December'': Provided further, That
    travel by members of the Commission and its staff shall be arranged and
    conducted under the rules and procedures applying to travel by members
    of the House of Representatives and its staff.

              United States Senate-China Interparliamentary Group

                             salaries and expenses

        For necessary expenses of the United States Senate-China
    Interparliamentary Group, as authorized under section 153 of the
    Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
    99; 118 Stat. 448), $150,000, to remain available until September 30,
    2009.

                        United States Institute of Peace

                               operating expenses

        For necessary expenses of the United States Institute of Peace as
    authorized in the United States Institute of Peace Act, $25,000,000, to
    remain available until September 30, 2009.

                         GENERAL PROVISIONS--THIS TITLE

                          allowances and differentials

        Sec. 101. Funds appropriated under title I of this Act shall be
    available, except as otherwise provided, for allowances and
    differentials as authorized by subchapter 59 of title 5, United States
    Code; for services as authorized by 5 U.S.C. 3109; and for hire of
    passenger transportation pursuant to 31 U.S.C. 1343(b).

                          unobligated balances report

        Sec. 102. The Department of State and the Broadcasting Board of
    Governors shall provide to the Committees on Appropriations a quarterly
    accounting of the cumulative balances of any unobligated funds that
    were received by such agency during any previous fiscal year.

                              embassy construction

        Sec. 103. (a) Of funds provided under title I of this Act, except
    as provided in subsection (b), a project to construct a diplomatic
    facility of the United States may not include office space or other
    accommodations for an employee of a Federal agency or department if the
    Secretary of State determines that such department or agency has not
    provided to the Department of State the full amount of funding required
    by subsection (e) of section 604 of the Secure Embassy Construction and
    Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
    of Public Law 106-113 and contained in appendix G of that Act; 113
    Stat. 1501A-453), as amended by section 629 of the Departments of
    Commerce, Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 2005.
        (b) Notwithstanding the prohibition in subsection (a), a project to
    construct a diplomatic facility of the United States may include office
    space or other accommodations for members of the Marine Corps.

                             peacekeeping missions

        Sec. 104. None of the funds made available under title I of this
    Act may be used for any United Nations undertaking when it is made
    known to the Federal official having authority to obligate or expend
    such funds that: (1) the United Nations undertaking is a peacekeeping
    mission; (2) such undertaking will involve United States Armed Forces
    under the command or operational control of a foreign national; and (3)
    the President's military advisors have not submitted to the President a
    recommendation that such involvement is in the national security
    interests of the United States and the President has not submitted to
    the Congress such a recommendation.

                                denial of visas

        Sec. 105. (a) None of the funds appropriated or otherwise made
    available under title I of this Act shall be expended for any purpose
    for which appropriations are prohibited by section 616 of the
    Departments of Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act, 1999.
        (b) The requirements in subsections (b) and (c) of section 616 of
    that Act shall continue to apply during fiscal year 2008.

                         senior policy operating group

        Sec. 106. (a) The Senior Policy Operating Group on Trafficking in
    Persons, established under section 105(f) of the Victims of Trafficking
    and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate
    agency activities regarding policies (including grants and grant
    policies) involving the international trafficking in persons, shall
    coordinate all such policies related to the activities of traffickers
    and victims of severe forms of trafficking.
        (b) None of the funds provided under title I of this or any other
    Act making appropriations for Department of State and Related Agencies
    shall be expended to perform functions that duplicate coordinating
    responsibilities of the Operating Group.
        (c) The Operating Group shall continue to report only to the
    authorities that appointed them pursuant to section 105(f).

                    united states citizens born in jerusalem

        Sec. 107. For the purposes of registration of birth, certification
    of nationality, or issuance of a passport of a United States citizen
    born in the city of Jerusalem, the Secretary of State shall, upon
    request of the citizen, record the place of birth as Israel.

                              consulting services

        Sec. 108. The expenditure of any appropriation under title I of
    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.

                          compliance with section 609

        Sec. 109. (a) None of the funds appropriated or otherwise made
    available under title I of this Act shall be expended for any purpose
    for which appropriations are prohibited by section 609 of the
    Departments of Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act, 1999.
        (b) The requirements in subparagraphs (A) and (B) of section 609 of
    that Act shall continue to apply during fiscal year 2008.

                          state department authorities

        Sec. 110. Funds appropriated under title I of this Act for the
    Broadcasting Board of Governors and the Department of State may be
    obligated and expended notwithstanding section 15 of the State
    Department Basic Authorities Act of 1956, section 313 of the Foreign
    Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law
    103-236), and section 504(a)(1) of the National Security Act of 1947
    (50 U.S.C. 414(a)(1)).

                               personnel actions

        Sec. 111. 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 615 of title VI of this Act and shall not be
    available for obligation or expenditure except in compliance with the
    procedures set forth in that section.

                   restrictions on united nations delegations

        Sec. 112. None of the funds made available under title I of this
    Act may be used to pay expenses for any United States delegation to any
    specialized agency, body, or commission of the United Nations if such
    commission is chaired or presided over by a country, the government of
    which the Secretary of State has determined, for purposes of section
    6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
    2405(j)(1)), has provided support for acts of international terrorism.

                            peacekeeping assessment

        Sec. 113. Section 404(b)(2)(B) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995, (22 U.S.C. 287e note) is
    amended at the end by adding the following: ``(v) For assessments made
    during calendar year 2008, 27.1 percent.''.

                              alhurra broadcasting

        Sec. 114. Funds appropriated for the programs and activities of
    Alhurra in fiscal year 2008 may be made available only if the Secretary
    of State certifies and reports to the Committees on Appropriations that
    Alhurra does not advocate on behalf of any organization that the
    Secretary knows, or has reason to believe, engages in terrorist
    activities.

                     department of state inspector general

        Sec. 115. (a) Link to Office of Inspector General From Homepage of
    Department of State.--Not later than 30 days after the date of the
    enactment of this Act, the Secretary of State shall establish and
    maintain on the homepage of the Internet website of the Department of
    State a direct link to the Internet website of the Office of Inspector
    General of the Department of State.
        (b) Anonymous Reporting of Waste, Fraud, or Abuse.--Not later than
    30 days after the date of the enactment of this Act, the Inspector
    General of the Department of State shall establish and maintain on the
    homepage of the Internet website of the Office of Inspector General a
    mechanism by which individuals can anonymously report cases of waste,
    fraud, or abuse with respect to the Department of State.

                              consular operations

        Sec. 116. The Secretary of State shall establish limited consular
    operations in Iraq within 180 days of enactment of this Act in which
    designated categories of aliens may apply and interview for admission
    to the United States.

                  international boundary and water commission

        Sec. 117. Of the funds appropriated in this Act under the heading
    ``International Boundary and Water Commission, United States and
    Mexico, Construction'' (IBWC), up to $66,000,000 may be expended for
    construction of secondary wastewater treatment capability of at least
    25 million gallons per day (mgd) from the Tijuana River, subject to the
    following conditions: (1) IBWC shall resume negotiations in accordance
    with section 804 of Public Law 106-457; (2) IBWC shall prepare design
    and engineering plans to upgrade the South Bay International Wastewater
    Treatment Plant to treat 25 mgd to secondary treatment and update its
    conceptual designs for a scalable project capable of treating up to 100
    mgd to secondary at the facility; and (3) none of the funds made
    available by this section may be obligated for construction before the
    Government Accountability Office completes a report on the proposed
    projects.

                        commission financial management

        Sec. 118. (a) Requirement for Performance Reviews.--The United
    States-China Economic and Security Review Commission shall comply with
    chapter 43 of title 5, United States Code, regarding the establishment
    and regular review of employee performance appraisals.
        (b) Limitation on Cash Awards.--The United States-China Economic
    and Security Review Commission shall comply with section 4505a of title
    5, United States Code, with respect to limitations on payment of
    performance-based cash awards.

                                    TITLE II

                        EXPORT AND INVESTMENT ASSISTANCE

                    Export-Import Bank of the United States

                               inspector general

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $1,000,000, to remain available until September 30, 2009.

                                program account

        The Export-Import Bank of the United States is authorized to make
    such expenditures within the limits of funds and borrowing authority
    available to such corporation, and in accordance with law, and to make
    such contracts and commitments without regard to fiscal year
    limitations, as provided by section 104 of the Government Corporation
    Control Act, as may be necessary in carrying out the program for the
    current fiscal year for such corporation: Provided, That none of the
    funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this Act: Provided
    further, That notwithstanding section 1(c) of Public Law 103-428, as
    amended, sections 1(a) and (b) of Public Law 103-428 shall remain in
    effect through October 1, 2008: Provided further, That not less than 10
    percent of the aggregate loan, guarantee, and insurance authority
    available to the Export-Import Bank under this Act should be used for
    renewable energy and environmentally beneficial products and services.

                             subsidy appropriation

        For the cost of direct loans, loan guarantees, insurance, and tied-
    aid grants as authorized by section 10 of the Export-Import Bank Act of
    1945, as amended, $68,000,000, to remain available until September 30,
    2011: Provided, That such costs, including the cost of modifying such
    loans, shall be as defined in section 502 of the Congressional Budget
    Act of 1974: Provided further, That such sums shall remain available
    until September 30, 2026, for the disbursement of direct loans, loan
    guarantees, insurance and tied-aid grants obligated in fiscal years
    2008, 2009, 2010, and 2011: Provided further, That none of the funds
    appropriated by this Act or any prior Act appropriating funds for
    foreign operations, export financing, and related programs for tied-aid
    credits or grants may be used for any other purpose except through the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That funds appropriated by this paragraph are made
    available notwithstanding section 2(b)(2) of the Export-Import Bank Act
    of 1945, in connection with the purchase or lease of any product by any
    Eastern European country, any Baltic State or any agency or national
    thereof.

                            administrative expenses

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
    for official reception and representation expenses for members of the
    Board of Directors, $78,000,000: Provided, That the Export-Import Bank
    may accept, and use, payment or services provided by transaction
    participants for legal, financial, or technical services in connection
    with any transaction for which an application for a loan, guarantee or
    insurance commitment has been made: Provided further, That
    notwithstanding subsection (b) of section 117 of the Export Enhancement
    Act of 1992, subsection (a) thereof shall remain in effect until
    October 1, 2008.

                               receipts collected

        Receipts collected pursuant to the Export-Import Bank Act of 1945,
    as amended, and the Federal Credit Reform Act of 1990, as amended, in
    an amount not to exceed the amount appropriated herein, shall be
    credited as offsetting collections to this account: Provided, That the
    sums herein appropriated from the General Fund shall be reduced on a
    dollar-for-dollar basis by such offsetting collections so as to result
    in a final fiscal year appropriation from the General Fund estimated at
    $0: Provided further, That amounts collected in fiscal year 2008 in
    excess of obligations, up to $50,000,000, shall become available
    October 1, 2008 and shall remain available until September 30, 2011.

                    Overseas Private Investment Corporation

                               noncredit account

        The Overseas Private Investment Corporation is authorized to make,
    without regard to fiscal year limitations, as provided by 31 U.S.C.
    9104, such expenditures and commitments within the limits of funds
    available to it and in accordance with law as may be necessary:
    Provided, That the amount available for administrative expenses to
    carry out the credit and insurance programs (including an amount for
    official reception and representation expenses which shall not exceed
    $35,000) shall not exceed $47,500,000: Provided further, That project-
    specific transaction costs, including direct and indirect costs
    incurred in claims settlements, and other direct costs associated with
    services provided to specific investors or potential investors pursuant
    to section 234 of the Foreign Assistance Act of 1961, shall not be
    considered administrative expenses for the purposes of this heading.

                                program account

        For the cost of direct and guaranteed loans, $23,500,000, as
    authorized by section 234 of the Foreign Assistance Act of 1961, to be
    derived by transfer from the Overseas Private Investment Corporation
    Noncredit Account: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That such sums
    shall be available for direct loan obligations and loan guaranty
    commitments incurred or made during fiscal years 2008, 2009, and 2010:
    Provided further, That funds so obligated in fiscal year 2008 remain
    available for disbursement through 2016; funds obligated in fiscal year
    2009 remain available for disbursement through 2017; funds obligated in
    fiscal year 2010 remain available for disbursement through 2018:
    Provided further, That notwithstanding any other provision of law, the
    Overseas Private Investment Corporation is authorized to undertake any
    program authorized by title IV of the Foreign Assistance Act of 1961 in
    Iraq: Provided further, That funds made available pursuant to the
    authority of the previous proviso shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        In addition, such sums as may be necessary for administrative
    expenses to carry out the credit program may be derived from amounts
    available for administrative expenses to carry out the credit and
    insurance programs in the Overseas Private Investment Corporation
    Noncredit Account and merged with said account.

                      Funds Appropriated to the President

                          trade and development agency

        For necessary expenses to carry out the provisions of section 661
    of the Foreign Assistance Act of 1961, $50,400,000, to remain available
    until September 30, 2009.

                                   TITLE III

                         BILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

        For expenses necessary to enable the President to carry out the
    provisions of the Foreign Assistance Act of 1961, and for other
    purposes, to remain available until September 30, 2008, unless
    otherwise specified herein, as follows:

                        global health and child survival

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of chapters 1
    and 10 of part I of the Foreign Assistance Act of 1961, for global
    health activities, in addition to funds otherwise available for such
    purposes, $1,843,150,000, to remain available until September 30, 2009,
    and which shall be apportioned directly to the United States Agency for
    International Development: Provided, That this amount shall be made
    available for such activities as: (1) child survival and maternal
    health programs; (2) immunization and oral rehydration programs; (3)
    other health, nutrition, water and sanitation programs which directly
    address the needs of mothers and children, and related education
    programs; (4) assistance for children displaced or orphaned by causes
    other than AIDS; (5) programs for the prevention, treatment, control
    of, and research on HIV/AIDS, tuberculosis, polio, malaria, and other
    infectious diseases, and for assistance to communities severely
    affected by HIV/AIDS, including children infected or affected by AIDS;
    and (6) family planning/reproductive health: Provided further, That
    none of the funds appropriated under this paragraph may be made
    available for nonproject assistance, except that funds may be made
    available for such assistance for ongoing health activities: Provided
    further, That of the funds appropriated under this paragraph, not to
    exceed $350,000, in addition to funds otherwise available for such
    purposes, may be used to monitor and provide oversight of child
    survival, maternal and family planning/reproductive health, and
    infectious disease programs: Provided further, That of the funds
    appropriated under this paragraph the following amounts should be
    allocated as follows: $450,150,000 for child survival and maternal
    health; $15,000,000 for vulnerable children; $350,000,000 for HIV/AIDS;
    $633,000,000 for other infectious diseases, including $153,000,000 for
    tuberculosis control, of which $15,000,000 shall be used for the Global
    TB Drug Facility; and $395,000,000 for family planning/reproductive
    health, including in areas where population growth threatens
    biodiversity or endangered species: Provided further, That of the funds
    appropriated under this paragraph, $72,500,000 should be made available
    for a United States contribution to The GAVI Fund, and up to $6,000,000
    may be transferred to and merged with funds appropriated by this Act
    under the heading ``Operating Expenses of the United States Agency for
    International Development'' for costs directly related to global
    health, but funds made available for such costs may not be derived from
    amounts made available for contribution under this and preceding
    provisos: Provided further, That of the funds appropriated under this
    paragraph, $115,000,000 shall be made available to combat avian
    influenza, of which $15,000,000 shall be made available,
    notwithstanding any other provision of law except section 551 of Public
    Law 109-102, to enhance the preparedness of militaries in Asia and
    Africa to respond to an avian influenza pandemic, subject to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That none of the funds made available in this Act nor
    any unobligated balances from prior appropriations may be made
    available to any organization or program which, as determined by the
    President of the United States, supports or participates in the
    management of a program of coercive abortion or involuntary
    sterilization: Provided further, That any determination made under the
    previous proviso must be made no later than six months after the date
    of enactment of this Act, and must be accompanied by a comprehensive
    analysis as well as the complete evidence and criteria utilized to make
    the determination: Provided further, That none of the funds made
    available under this Act may be used to pay for the performance of
    abortion as a method of family planning or to motivate or coerce any
    person to practice abortions: Provided further, That nothing in this
    paragraph shall be construed to alter any existing statutory
    prohibitions against abortion under section 104 of the Foreign
    Assistance Act of 1961: Provided further, That none of the funds made
    available under this Act may be used to lobby for or against abortion:
    Provided further, That in order to reduce reliance on abortion in
    developing nations, funds shall be available only to voluntary family
    planning projects which offer, either directly or through referral to,
    or information about access to, a broad range of family planning
    methods and services, and that any such voluntary family planning
    project shall meet the following requirements: (1) service providers or
    referral agents in the project shall not implement or be subject to
    quotas, or other numerical targets, of total number of births, number
    of family planning acceptors, or acceptors of a particular method of
    family planning (this provision shall not be construed to include the
    use of quantitative estimates or indicators for budgeting and planning
    purposes); (2) the project shall not include payment of incentives,
    bribes, gratuities, or financial reward to: (A) an individual in
    exchange for becoming a family planning acceptor; or (B) program
    personnel for achieving a numerical target or quota of total number of
    births, number of family planning acceptors, or acceptors of a
    particular method of family planning; (3) the project shall not deny
    any right or benefit, including the right of access to participate in
    any program of general welfare or the right of access to health care,
    as a consequence of any individual's decision not to accept family
    planning services; (4) the project shall provide family planning
    acceptors comprehensible information on the health benefits and risks
    of the method chosen, including those conditions that might render the
    use of the method inadvisable and those adverse side effects known to
    be consequent to the use of the method; and (5) the project shall
    ensure that experimental contraceptive drugs and devices and medical
    procedures are provided only in the context of a scientific study in
    which participants are advised of potential risks and benefits; and,
    not less than 60 days after the date on which the Administrator of the
    United States Agency for International Development determines that
    there has been a violation of the requirements contained in paragraph
    (1), (2), (3), or (5) of this proviso, or a pattern or practice of
    violations of the requirements contained in paragraph (4) of this
    proviso, the Administrator shall submit to the Committees on
    Appropriations a report containing a description of such violation and
    the corrective action taken by the Agency: Provided further, That in
    awarding grants for natural family planning under section 104 of the
    Foreign Assistance Act of 1961 no applicant shall be discriminated
    against because of such applicant's religious or conscientious
    commitment to offer only natural family planning; and, additionally,
    all such applicants shall comply with the requirements of the previous
    proviso: Provided further, That for purposes of this or any other Act
    authorizing or appropriating funds for foreign operations, export
    financing, and related programs, the term ``motivate'', as it relates
    to family planning assistance, shall not be construed to prohibit the
    provision, consistent with local law, of information or counseling
    about all pregnancy options: Provided further, That to the maximum
    extent feasible, taking into consideration cost, timely availability,
    and best health practices, funds appropriated in this Act or prior
    appropriations Acts that are made available for condom procurement
    shall be made available only for the procurement of condoms
    manufactured in the United States: Provided further, That information
    provided about the use of condoms as part of projects or activities
    that are funded from amounts appropriated by this Act shall be
    medically accurate and shall include the public health benefits and
    failure rates of such use: Provided further, That of the amount
    provided by this paragraph, $115,000,000 is designated as described in
    section 5 (in the matter preceding division A of this consolidated
    Act).
        In addition, for necessary expenses to carry out the provisions of
    the Foreign Assistance Act of 1961 for the prevention, treatment, and
    control of, and research on, HIV/AIDS, $4,700,000,000, to remain
    available until expended, and which shall be apportioned directly to
    the Department of State: Provided, That of the funds appropriated under
    this paragraph, $550,000,000 shall be made available, notwithstanding
    any other provision of law, except for the United States Leadership
    Against HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-
    25) for a United States contribution to the Global Fund to Fight AIDS,
    Tuberculosis and Malaria, and shall be expended at the minimum rate
    necessary to make timely payment for projects and activities: Provided
    further, That up to 5 percent of the aggregate amount of funds made
    available to the Global Fund in fiscal year 2008 may be made available
    to the United States Agency for International Development for technical
    assistance related to the activities of the Global Fund: Provided
    further, That of the funds appropriated under this paragraph, up to
    $13,000,000 may be made available, in addition to amounts otherwise
    available for such purposes, for administrative expenses of the Office
    of the Global AIDS Coordinator: Provided further, That funds made
    available under this heading shall be made available notwithstanding
    the second sentence of section 403(a) of Public Law 108-25.

                             development assistance

        For necessary expenses to carry out the provisions of sections 103,
    105, 106, and sections 251 through 255, and chapter 10 of part I of the
    Foreign Assistance Act of 1961, $1,636,881,000, to remain available
    until September 30, 2009: Provided, That of the funds appropriated
    under this heading that are made available for assistance programs for
    displaced and orphaned children and victims of war, not to exceed
    $43,000, in addition to funds otherwise available for such purposes,
    may be used to monitor and provide oversight of such programs: Provided
    further, That $400,000,000 should be allocated for basic education:
    Provided further, That of the funds appropriated by this Act, not less
    than $245,000,000 shall be made available for microenterprise and
    microfinance development programs for the poor, especially women:
    Provided further, That of the funds appropriated under this heading,
    not less than $28,000,000 shall be made available for Collaborative
    Research Support Programs: Provided further, That of the funds
    appropriated under this heading, $750,000 shall be made available to
    implement 7 U.S.C. section 1736g-2(a)(2)(C) to improve food aid product
    quality and nutrient delivery: Provided further, That of the funds
    appropriated under this heading, not less than $22,500,000 shall be
    made available for the American Schools and Hospitals Abroad program:
    Provided further, That of the funds appropriated under this heading,
    $12,000,000 should be made available for cooperative development
    programs within the Office of Private and Voluntary Cooperation:
    Provided further, That funds appropriated under this heading should be
    made available for programs to address sexual and gender-based
    violence: Provided further, That of the funds appropriated in this Act,
    not less than $300,000,000 shall be made available for safe drinking
    water and sanitation supply projects, including water management
    related to safe drinking water and sanitation, only to implement the
    Senator Paul Simon Water for the Poor Act of 2005 (Public Law 109-121),
    of which not less than $125,000,000 should be made available for such
    projects in Africa: Provided further, That of the funds appropriated
    under this heading, not less than $15,000,000 shall be made available
    for programs to improve women's leadership capacity in recipient
    countries, and $10,000,000 may be made available to support a fund that
    enhances economic opportunities for very poor, poor, and low-income
    women in developing countries.

                       international disaster assistance

        For necessary expenses to carry out the provisions of section 491
    of the Foreign Assistance Act of 1961 for international disaster
    relief, rehabilitation, and reconstruction assistance, $432,350,000, to
    remain available until expended, of which $20,000,000 should be for
    famine prevention and relief: Provided further, That of the amount
    provided by this paragraph, $110,000,000 is designated as described in
    section 5 (in the matter preceding division A of this consolidated
    Act).

                             transition initiatives

        For necessary expenses for international disaster rehabilitation
    and reconstruction assistance pursuant to section 491 of the Foreign
    Assistance Act of 1961, $45,000,000, to remain available until
    expended, to support transition to democracy and to long-term
    development of countries in crisis: Provided, That such support may
    include assistance to develop, strengthen, or preserve democratic
    institutions and processes, revitalize basic infrastructure, and foster
    the peaceful resolution of conflict: Provided further, That the United
    States Agency for International Development shall submit a report to
    the Committees on Appropriations at least 5 days prior to beginning a
    new program of assistance: Provided further, That if the President
    determines that it is important to the national interests of the United
    States to provide transition assistance in excess of the amount
    appropriated under this heading, up to $15,000,000 of the funds
    appropriated by this Act to carry out the provisions of part I of the
    Foreign Assistance Act of 1961 may be used for purposes of this heading
    and under the authorities applicable to funds appropriated under this
    heading: Provided further, That funds made available pursuant to the
    previous proviso shall be made available subject to prior consultation
    with the Committees on Appropriations.

                          development credit authority

                         (including transfer of funds)

        For the cost of direct loans and loan guarantees provided by the
    United States Agency for International Development, as authorized by
    sections 256 and 635 of the Foreign Assistance Act of 1961, up to
    $21,000,000 may be derived by transfer from funds appropriated by this
    Act to carry out part I of such Act and under the heading ``Assistance
    for Eastern Europe and the Baltic States'': Provided, That such funds
    shall be made available only for micro and small enterprise programs,
    urban programs, and other programs which further the purposes of part I
    of the Act: Provided further, That such costs, including the cost of
    modifying such direct and guaranteed loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That funds made available by this paragraph may be
    used for the cost of modifying any such guaranteed loans under this Act
    or prior Acts, and funds used for such costs shall be subject to the
    regular notification procedures of the Committees on Appropriations:
    Provided further, That the provisions of section 107A(d) (relating to
    general provisions applicable to the Development Credit Authority) of
    the Foreign Assistance Act of 1961, as contained in section 306 of H.R.
    1486 as reported by the House Committee on International Relations on
    May 9, 1997, shall be applicable to direct loans and loan guarantees
    provided under this heading: Provided further, That these funds are
    available to subsidize total loan principal, any portion of which is to
    be guaranteed, of up to $700,000,000.
        In addition, for administrative expenses to carry out credit
    programs administered by the United States Agency for International
    Development, $8,160,000, which may be transferred to and merged with
    the appropriation for Operating Expenses of the United States Agency
    for International Development: Provided, That funds made available
    under this heading shall remain available until September 30, 2010.

       operating expenses of the united states agency for international
                                  development

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $655,800,000, of which up to
    $25,000,000 may remain available until September 30, 2009: Provided,
    That none of the funds appropriated under this heading and under the
    heading ``Capital Investment Fund'' may be made available to finance
    the construction (including architect and engineering services),
    purchase, or long-term lease of offices for use by the United States
    Agency for International Development, unless the Administrator has
    identified such proposed construction (including architect and
    engineering services), purchase, or long-term lease of offices in a
    report submitted to the Committees on Appropriations at least 15 days
    prior to the obligation of these funds for such purposes: Provided
    further, That the previous proviso shall not apply where the total cost
    of construction (including architect and engineering services),
    purchase, or long-term lease of offices does not exceed $1,000,000:
    Provided further, That contracts or agreements entered into with funds
    appropriated under this heading may entail commitments for the
    expenditure of such funds through fiscal year 2009: Provided further,
    That any decision to open a new overseas mission or office of the
    United States Agency for International Development or, except where
    there is a substantial security risk to mission personnel, to close or
    significantly reduce the number of personnel of any such mission or
    office, shall be subject to the regular notification procedures of the
    Committees on Appropriations: Provided further, That the authority of
    sections 610 and 109 of the Foreign Assistance Act of 1961 may be
    exercised by the Secretary of State to transfer funds appropriated to
    carry out chapter 1 of part I of such Act to ``Operating Expenses of
    the United States Agency for International Development'' in accordance
    with the provisions of those sections: Provided further, That of the
    amount provided by this paragraph, $20,800,000 is designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act).

     capital investment fund of the united states agency for international
                                  development

        For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section 667 of the Foreign
    Assistance Act of 1961, $88,000,000, to remain available until
    expended: Provided, That this amount is in addition to funds otherwise
    available for such purposes: Provided further, That funds appropriated
    under this heading shall be available for obligation only pursuant to
    the regular notification procedures of the Committees on
    Appropriations.

       operating expenses of the united states agency for international
                    development office of inspector general

        For necessary expenses to carry out the provisions of section 667
    of the Foreign Assistance Act of 1961, $38,000,000, to remain available
    until September 30, 2009, which sum shall be available for the Office
    of the Inspector General of the United States Agency for International
    Development.

                      Other Bilateral Economic Assistance

                             economic support fund

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $2,994,823,000, to
    remain available until September 30, 2009: Provided, That of the funds
    appropriated under this heading, not less than $415,000,000 shall be
    available only for Egypt, which sum shall be provided on a grant basis,
    and of which sum cash transfer assistance shall be provided with the
    understanding that Egypt will undertake significant economic and
    democratic reforms which are additional to those which were undertaken
    in previous fiscal years: Provided further, That with respect to the
    provision of assistance for Egypt for democracy, human rights and
    governance activities, the organizations implementing such assistance
    and the specific nature of that assistance shall not be subject to the
    prior approval by the Government of Egypt: Provided further, That of
    the funds appropriated under this heading for assistance for Egypt, not
    less than $135,000,000 shall be made available for project assistance,
    of which not less than $20,000,000 shall be made available for
    democracy, human rights and governance programs and not less than
    $50,000,000 shall be used for education programs, of which not less
    than $10,000,000 should be made available for scholarships for Egyptian
    students with high financial need to attend United States accredited
    institutions of higher education in Egypt: Provided further, That
    $11,000,000 of the funds appropriated under this heading should be made
    available for Cyprus to be used only for scholarships, administrative
    support of the scholarship program, bicommunal projects, and measures
    aimed at reunification of the island and designed to reduce tensions
    and promote peace and cooperation between the two communities on
    Cyprus: Provided further, That of the funds appropriated under this
    heading, not less than $363,547,000 shall be made available only for
    assistance for Jordan: Provided further, That of the funds appropriated
    under this heading that are made available for assistance for Jordan,
    up to $40,000,000 may be transferred to, and merged with, funds
    appropriated by this Act under the heading ``Debt Restructuring'' for
    the costs, as defined in section 502 of the Congressional Budget Act of
    1974, of reducing or cancelling amounts owed to the United States or
    any agency of the United States by the Hashemite Kingdom of Jordan:
    Provided further, That of the funds appropriated under this heading not
    more than $218,500,000 may be made available for assistance for the
    West Bank and Gaza, of which not to exceed $2,000,000 may be used for
    administrative expenses of the United States Agency for International
    Development, in addition to funds otherwise available for such
    purposes, to carry out programs in the West Bank and Gaza: Provided
    further, That if the President exercises the waiver authority under
    section 650 of this Act, of the funds made available under this heading
    for assistance to the Palestinian Authority, not more than $100,000,000
    of the funds made available under this heading for cash transfer
    assistance to the Palestinian Authority may be obligated for such
    assistance until the Secretary of State certifies and reports to the
    Committees on Appropriations that the Palestinian Authority has
    established a single treasury account for all Palestinian Authority
    financing and all financing mechanisms flow through this account, has
    eliminated all parallel financing mechanisms outside of the Palestinian
    Authority treasury account, and has established a single comprehensive
    civil service roster and payroll: Provided further, That none of the
    funds appropriated under this heading for cash transfer assistance to
    the Palestinian Authority may be obligated for salaries of personnel of
    the Palestinian Authority located in Gaza: Provided further, That none
    of the funds appropriated under this heading for cash transfer
    assistance to the Palestinian Authority may be obligated or expended
    for assistance to Hamas or any entity effectively controlled by Hamas
    or any power-sharing government with Hamas unless Hamas has accepted
    the principles contained in section 620K(b)(1)(A) and (B) of the
    Foreign Assistance Act of 1961, as amended: Provided further, That the
    Secretary of State shall ensure that Federal or non-Federal audits of
    all funds appropriated under this heading for cash transfer assistance
    to the Palestinian Authority are conducted on at least an annual basis
    to ensure compliance with this Act, and such audit shall include a
    detailed accounting of all programs, projects, and activities carried
    out using such funds, including both obligations and expenditures, and
    that the audit is compliant with generally accepted accounting
    standards: Provided further, That funds made available under this
    heading for cash transfer assistance to the Palestinian Authority shall
    be subject to the regular notification procedures of the Committees on
    Appropriations: Provided further, That $45,000,000 of the funds
    appropriated under this heading shall be made available for assistance
    for Lebanon, of which not less than $10,000,000 should be made
    available for scholarships and direct support of American educational
    institutions in Lebanon: Provided further, That not more than
    $300,000,000 of the funds made available for assistance for Afghanistan
    under this heading may be obligated for such assistance until the
    Secretary of State certifies to the Committees on Appropriations that
    the Government of Afghanistan at both the national and provincial level
    is cooperating fully with United States funded poppy eradication and
    interdiction efforts in Afghanistan: Provided further, That the
    President may waive the previous proviso if he determines and reports
    to the Committees on Appropriations that to do so is vital to the
    national security interests of the United States: Provided further,
    That such report shall include an analysis of the steps being taken by
    the Government of Afghanistan, at the national and provincial level, to
    cooperate fully with United States funded poppy eradication and
    interdiction efforts in Afghanistan: Provided further, That of the
    funds appropriated under this heading, $196,000,000 shall be
    apportioned directly to the United States Agency for International
    Development (USAID) for alternative development/institution building
    and sustainable development programs in Colombia and may be transferred
    to, and merged with, funds appropriated under the heading ``Development
    Assistance'' to continue programs administered by USAID: Provided
    further, That with respect to funds apportioned to USAID for programs
    in Colombia under this heading, the responsibility for policy decisions
    for the use of such funds, including which activities will be funded
    and the amount of funds that will be provided for each of those
    activities, shall be the responsibility of the Administrator of USAID
    in consultation with the Assistant Secretary of State for International
    Narcotics and Law Enforcement Affairs: Provided further, That of the
    funds appropriated under this heading that are available for assistance
    for the Democratic Republic of Timor-Leste, up to $1,000,000 may be
    available for administrative expenses of the United States Agency for
    International Development in addition to amounts otherwise made
    available for such purposes: Provided further, That notwithstanding any
    other provision of law, funds appropriated under this heading may be
    made available for programs and activities for the Central Highlands of
    Vietnam: Provided further, That notwithstanding any other provision of
    law, of the funds appropriated under this heading, up to $53,000,000
    may be made available for energy-related assistance for North Korea,
    subject to the regular notification procedures of the Committees on
    Appropriations: Provided further, That funds appropriated under this
    heading that are made available for a Middle East Financing Facility,
    Middle East Enterprise Fund, or any other similar entity in the Middle
    East shall be subject to the regular notification procedures of the
    Committees on Appropriations: Provided further, That of the amount
    provided by this paragraph, $542,568,000 is designated as described in
    section 5 (in the matter preceding division A of this consolidated
    Act).

                         international fund for ireland

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $15,000,000, which shall
    be available for the United States contribution to the International
    Fund for Ireland and shall be made available in accordance with the
    provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
    99-415): Provided, That such amount shall be expended at the minimum
    rate necessary to make timely payment for projects and activities:
    Provided further, That funds made available under this heading shall
    remain available until September 30, 2009.

              assistance for eastern europe and the baltic states

        (a) For necessary expenses to carry out the provisions of the
    Foreign Assistance Act of 1961 and the Support for East European
    Democracy (SEED) Act of 1989, $295,950,000, to remain available until
    September 30, 2009, which shall be available, notwithstanding any other
    provision of law, for assistance and for related programs for Eastern
    Europe and the Baltic States.
        (b) Funds appropriated under this heading shall be considered to be
    economic assistance under the Foreign Assistance Act of 1961 for
    purposes of making available the administrative authorities contained
    in that Act for the use of economic assistance.
        (c) The provisions of section 628 of this Act shall apply to funds
    appropriated under this heading: Provided, That notwithstanding any
    provision of this or any other Act, including provisions in this
    subsection regarding the application of section 628 of this Act, local
    currencies generated by, or converted from, funds appropriated by this
    Act and by previous appropriations Acts and made available for the
    economic revitalization program in Bosnia may be used in Eastern Europe
    and the Baltic States to carry out the provisions of the Foreign
    Assistance Act of 1961 and the Support for East European Democracy SEED
    Act of 1989.
        (d) The President is authorized to withhold funds appropriated
    under this heading made available for economic revitalization programs
    in Bosnia and Herzegovina, if he determines and certifies to the
    Committees on Appropriations that the Federation of Bosnia and
    Herzegovina has not complied with article III of annex 1-A of the
    General Framework Agreement for Peace in Bosnia and Herzegovina
    concerning the withdrawal of foreign forces, and that intelligence
    cooperation on training, investigations, and related activities between
    state sponsors of terrorism and terrorist organizations and Bosnian
    officials has not been terminated.

        assistance for the independent states of the former soviet union

        For necessary expenses to carry out the provisions of chapters 11
    and 12 of part I of the Foreign Assistance Act of 1961 and the FREEDOM
    Support Act, for assistance for the Independent States of the former
    Soviet Union and for related programs, $399,735,000, to remain
    available until September 30, 2009: Provided, That the provisions of
    such chapters shall apply to funds appropriated by this paragraph:
    Provided further, That funds made available for the Southern Caucasus
    region may be used, notwithstanding any other provision of law, for
    confidence-building measures and other activities in furtherance of the
    peaceful resolution of regional conflicts, especially those in the
    vicinity of Abkhazia and Nagorno-Karabagh: Provided further, That
    notwithstanding any other provision of law, funds appropriated under
    this heading in this Act or prior Acts making appropriations for
    foreign operations, export financing, and related programs, that are
    made available pursuant to the provisions of section 807 of Public Law
    102-511 shall be subject to a 6 percent ceiling on administrative
    expenses.

                              Independent Agencies

                           inter-american foundation

        For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $21,000,000, to remain available
    until September 30, 2009.

                         african development foundation

        For necessary expenses to carry out title V of the International
    Security and Development Cooperation Act of 1980, Public Law 96-533,
    $30,000,000, to remain available until September 30, 2009: Provided,
    That funds made available to grantees may be invested pending
    expenditure for project purposes when authorized by the Board of
    Directors of the Foundation: Provided further, That interest earned
    shall be used only for the purposes for which the grant was made:
    Provided further, That notwithstanding section 505(a)(2) of the African
    Development Foundation Act, (1) in exceptional circumstances the Board
    of Directors of the Foundation may waive the $250,000 limitation
    contained in that section with respect to a project and (2) a project
    may exceed the limitation by up to $10,000 if the increase is due
    solely to foreign currency fluctuation: Provided further, That the
    Foundation shall provide a report to the Committees on Appropriations
    after each time such waiver authority is exercised.

                                  peace corps

                         (including transfer of funds)

        For necessary expenses to carry out the provisions of the Peace
    Corps Act (75 Stat. 612), including the purchase of not to exceed five
    passenger motor vehicles for administrative purposes for use outside of
    the United States, $333,500,000, to remain available until September
    30, 2009: Provided, That none of the funds appropriated under this
    heading shall be used to pay for abortions: Provided further, That the
    Director may transfer to the Foreign Currency Fluctuations Account, as
    authorized by 22 U.S.C. 2515, an amount not to exceed $2,000,000:
    Provided further, That funds transferred pursuant to the previous
    proviso may not be derived from amounts made available for Peace Corps
    overseas operations.

                        millennium challenge corporation

        For necessary expenses to carry out the provisions of the
    Millennium Challenge Act of 2003, $1,557,000,000, to remain available
    until expended: Provided, That of the funds appropriated under this
    heading, up to $88,000,000 may be available for administrative expenses
    of the Millennium Challenge Corporation: Provided further, That up to
    10 percent of the funds appropriated under this heading may be made
    available to carry out the purposes of section 616 of the Millennium
    Challenge Act of 2003 for candidate countries for fiscal year 2008:
    Provided further, That none of the funds available to carry out section
    616 of such Act may be made available until the Chief Executive Officer
    of the Millennium Challenge Corporation provides a report to the
    Committees on Appropriations listing the candidate countries that will
    be receiving assistance under section 616 of such Act, the level of
    assistance proposed for each such country, a description of the
    proposed programs, projects and activities, and the implementing agency
    or agencies of the United States Government: Provided further, That
    section 605(e)(4) of the Millennium Challenge Act of 2003 shall apply
    to funds appropriated under this heading: Provided further, That funds
    appropriated under this heading may be made available for a Millennium
    Challenge Compact entered into pursuant to section 609 of the
    Millennium Challenge Act of 2003 only if such Compact obligates, or
    contains a commitment to obligate subject to the availability of funds
    and the mutual agreement of the parties to the Compact to proceed, the
    entire amount of the United States Government funding anticipated for
    the duration of the Compact.

                              Department of State

                                 democracy fund

        (a) For necessary expenses to carry out the provisions of the
    Foreign Assistance Act of 1961 for the promotion of democracy globally,
    $164,000,000, of which the following amounts shall be made available,
    subject to the regular notification procedures of the Committees on
    Appropriations, until September 30, 2010--
                (1) $64,000,000 for the Human Rights and Democracy Fund of
            the Bureau of Democracy, Human Rights and Labor, Department of
            State, of which $15,000,000 shall be for democracy and rule of
            law programs in the People's Republic of China, Hong Kong, and
            Taiwan: Provided, That assistance for Taiwan should be matched
            from sources other than the United States Government: Provided
            further, That $5,000,000 shall be made available for programs
            and activities for the promotion of democracy in countries
            located outside the Middle East region with a significant
            Muslim population, and where such programs and activities would
            be important to United States efforts to respond to, deter, or
            prevent acts of international terrorism: Provided further, That
            funds used for such purposes should support new initiatives and
            activities in those countries: Provided further, That
            $15,000,000 shall be made available for an internet freedom
            initiative to expand access and information in closed
            societies, including in the Middle East and Asia: Provided
            further, That the Department of State shall consult with the
            Committees on Appropriations prior to the initial obligation of
            funds made available pursuant to the previous proviso; and
                (2) $100,000,000 for the National Endowment for Democracy:
            Provided, That of the funds appropriated by this Act under the
            headings ``Development Assistance'', ``Economic Support Fund'',
            ``Assistance for Eastern Europe and the Baltic States'', and
            ``Assistance for the Independent States of the Former Soviet
            Union'', an additional $11,000,000 should be made available to
            support the ongoing programs and activities of the National
            Endowment for Democracy.
        (b) Funds appropriated by this Act that are made available for the
    promotion of democracy may be made available notwithstanding any other
    provision of law and, with regard to the National Endowment for
    Democracy, any regulation. Funds appropriated under this heading are in
    addition to funds otherwise available for such purposes.
        (c) For the purposes of funds appropriated by this Act, the term
    ``promotion of democracy'' means programs that support good governance,
    human rights, independent media, and the rule of law, and otherwise
    strengthen the capacity of democratic political parties, governments,
    nongovernmental organizations and institutions, and citizens to support
    the development of democratic states, institutions, and practices that
    are responsive and accountable to citizens.
        (d) Any contract, grant or cooperative agreement (or any amendment
    to any contract, grant, or cooperative agreement) in excess of
    $2,500,000 for the promotion of democracy under this Act shall be
    subject to the regular notification procedures of the Committees on
    Appropriations.

              international narcotics control and law enforcement

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $558,449,000, to remain available until
    September 30, 2010: Provided, That during fiscal year 2008, the
    Department of State may also use the authority of section 608 of the
    Foreign Assistance Act of 1961, without regard to its restrictions, to
    receive excess property from an agency of the United States Government
    for the purpose of providing it to a foreign country under chapter 8 of
    part I of that Act subject to the regular notification procedures of
    the Committees on Appropriations: Provided further, That the Secretary
    of State shall provide to the Committees on Appropriations not later
    than 45 days after the date of the enactment of this Act and prior to
    the initial obligation of funds appropriated under this heading, a
    report on the proposed uses of all funds under this heading on a
    country-by-country basis for each proposed program, project, or
    activity: Provided further, That none of the funds provided under this
    heading for counter narcotics activities in Afghanistan shall be made
    available for eradication programs through the aerial spraying of
    herbicides: Provided further, That of the funds appropriated under this
    heading, not less than $39,750,000 shall be made available for
    judicial, human rights, rule of law and related activities for
    Colombia, of which not less than $20,000,000 shall be made available
    for the Office of the Attorney General, of which $5,000,000 shall be
    for the Human Rights Unit, $5,000,000 shall be for the Justice and
    Peace Unit, $7,000,000 shall be used to support a witness protection
    program for victims of armed groups, and $3,000,000 shall be for
    investigations of mass graves and identification of remains: Provided
    further, That of the funds appropriated under this heading that are
    available for assistance for Colombia, $8,000,000 shall be available
    for human rights activities, $5,500,000 shall be available for judicial
    reform, $3,000,000 shall be for the Office of the Procuraduria General
    de la Nacion, $2,000,000 shall be for the Office of the Defensoria del
    Pueblo, and $750,000 should be made available for a United States
    contribution to the Office of the United Nations High Commissioner for
    Human Rights in Colombia to support monitoring and public reporting of
    human rights conditions in the field: Provided further, That of the
    funds appropriated under this heading, not more than $38,000,000 may be
    available for administrative expenses.

                          andean counterdrug programs

                         (including transfer of funds)

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961 to support counterdrug activities in the Andean
    region of South America, $327,460,000, to remain available until
    September 30, 2010: Provided, That the Secretary of State, in
    consultation with the Administrator of the United States Agency for
    International Development, shall provide to the Committees on
    Appropriations not later than 45 days after the date of the enactment
    of this Act and prior to the initial obligation of funds appropriated
    under this heading, a report on the proposed uses of all funds under
    this heading on a country-by-country basis for each proposed program,
    project, or activity: Provided further, That section 482(b) of the
    Foreign Assistance Act of 1961 shall not apply to funds appropriated
    under this heading: Provided further, That assistance provided with
    funds appropriated under this heading that is made available
    notwithstanding section 482(b) of the Foreign Assistance Act of 1961
    shall be made available subject to the regular notification procedures
    of the Committees on Appropriations: Provided further, That funds made
    available to the Department of State for assistance to the Government
    of Colombia in this Act may be used to support a unified campaign
    against narcotics trafficking and organizations designated as Foreign
    Terrorist Organizations, and to take actions to protect human health
    and welfare in emergency circumstances, including undertaking rescue
    operations: Provided further, That this authority shall cease to be
    effective if the Secretary of State has credible evidence that the
    Colombian Armed Forces are not conducting vigorous operations to
    restore government authority and respect for human rights in areas
    under the effective control of paramilitary organizations, illegal
    self-defense groups, illegal security cooperatives, or other criminal,
    guerrilla or successor armed groups or organizations: Provided further,
    That the President shall ensure that if any helicopter procured with
    funds in this Act or prior Acts making appropriations for foreign
    operations, export financing, and related programs, is used to aid or
    abet the operations of any illegal self-defense group, paramilitary
    organization, illegal security cooperative or successor organizations
    in Colombia, such helicopter shall be immediately returned to the
    United States: Provided further, That no United States Armed Forces
    personnel or United States civilian contractor employed by the United
    States will participate in any combat operation in connection with
    assistance made available by this Act for Colombia: Provided further,
    That rotary and fixed wing aircraft supported with funds appropriated
    under this heading for assistance for Colombia may be used for aerial
    or manual drug eradication and interdiction including to transport
    personnel and supplies and to provide security for such operations, and
    to provide transport in support of alternative development programs and
    investigations of cases under the jurisdiction of the Attorney General,
    the Procuraduria General de la Nacion, and the Defensoria del Pueblo:
    Provided further, That of the funds appropriated under this heading
    that are available for Colombia, up to $2,500,000 shall be transferred
    to, and merged with, funds appropriated under the heading ``Foreign
    Military Financing Program'' and shall be made available only for
    assistance for the Colombian Armed Forces to provide security for
    manual eradication programs and up to $2,500,000 shall be transferred
    to, and merged with, funds appropriated under the heading
    ``International Narcotics Control and Law Enforcement'' and shall be
    made available only for assistance for the Colombian National Police to
    provide security for manual eradication programs: Provided further,
    That of the funds available for the Colombian national police for the
    procurement of chemicals for aerial coca and poppy eradication
    programs, not more than 20 percent of such funds may be made available
    for such eradication programs unless the Secretary of State certifies
    to the Committees on Appropriations that: (1) the herbicide is being
    used in accordance with EPA label requirements for comparable use in
    the United States and with Colombian laws; and (2) the herbicide, in
    the manner it is being used, does not pose unreasonable risks or
    adverse effects to humans or the environment including endemic species:
    Provided further, That such funds may not be made available unless the
    Secretary of State certifies to the Committees on Appropriations that
    complaints of harm to health or licit crops caused by such aerial
    eradication are thoroughly evaluated and fair compensation is being
    paid in a timely manner for meritorious claims: Provided further, That
    the Secretary shall submit a report to the Committees on Appropriations
    detailing all claims, evaluations, and compensation paid during the
    twelve month period prior to the date of enactment of this Act:
    Provided further, That such funds may not be made available for such
    purposes unless programs are being implemented by United States Agency
    for International Development, the Government of Colombia, or other
    organizations, in consultation and coordination with local communities,
    to provide alternative sources of income in areas where security
    permits for small-acreage growers and communities whose illicit crops
    are targeted for aerial eradication: Provided further, That none of the
    funds appropriated by this Act shall be made available for the
    cultivation or processing of African oil palm, if doing so would
    contribute to significant loss of native species, disrupt or
    contaminate natural water sources, reduce local food security, or cause
    the forced displacement of local people: Provided further, That funds
    appropriated by this Act may be used for aerial eradication in
    Colombia's national parks or reserves only if the Secretary of State
    certifies to the Committees on Appropriations on a case-by-case basis
    that there are no effective alternatives and the eradication is
    conducted in accordance with Colombian laws: Provided further, That
    funds appropriated under this heading that are made available for
    assistance for the Bolivian military and police may be made available
    for such purposes only if the Secretary of State certifies to the
    Committees on Appropriations that the Bolivian military and police are
    respecting human rights and cooperating fully with investigations and
    prosecutions by civilian judicial authorities of military and police
    personnel who have been implicated in gross violations of human rights:
    Provided further, That of the funds appropriated under this heading,
    not more than $17,000,000 may be available for administrative expenses
    of the Department of State, and not more than $7,800,000 may be
    available, in addition to amounts otherwise available for such
    purposes, for administrative expenses of the United States Agency for
    International Development.

                        migration and refugee assistance

        For expenses, not otherwise provided for, necessary to enable the
    Secretary of State to provide, as authorized by law, a contribution to
    the International Committee of the Red Cross, assistance to refugees,
    including contributions to the International Organization for Migration
    and the United Nations High Commissioner for Refugees, and other
    activities to meet refugee and migration needs; salaries and expenses
    of personnel and dependents as authorized by the Foreign Service Act of
    1980; allowances as authorized by sections 5921 through 5925 of title
    5, United States Code; purchase and hire of passenger motor vehicles;
    and services as authorized by section 3109 of title 5, United States
    Code, $1,029,900,000, to remain available until expended: Provided,
    That not more than $23,000,000 may be available for administrative
    expenses: Provided further, That not less than $40,000,000 of the funds
    made available under this heading shall be made available for refugees
    resettling in Israel: Provided further, That funds made available under
    this heading shall be made available for assistance for refugees from
    North Korea: Provided further, That of the amount provided by this
    paragraph, $200,000,000 is designated as described in section 5 (in the
    matter preceding division A of this consolidated Act).

         united states emergency refugee and migration assistance fund

        For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962, as amended (22
    U.S.C. 2601(c)), $45,000,000, to remain available until expended.

        nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $487,000,000, to carry
    out the provisions of chapter 8 of part II of the Foreign Assistance
    Act of 1961 for anti-terrorism assistance, chapter 9 of part II of the
    Foreign Assistance Act of 1961, section 504 of the FREEDOM Support Act,
    section 23 of the Arms Export Control Act or the Foreign Assistance Act
    of 1961 for demining activities, the clearance of unexploded ordnance,
    the destruction of small arms, and related activities, notwithstanding
    any other provision of law, including activities implemented through
    nongovernmental and international organizations, and section 301 of the
    Foreign Assistance Act of 1961 for a voluntary contribution to the
    International Atomic Energy Agency (IAEA), and for a United States
    contribution to the Comprehensive Nuclear Test Ban Treaty Preparatory
    Commission: Provided, That of this amount not to exceed $34,000,000, to
    remain available until expended, may be made available for the
    Nonproliferation and Disarmament Fund, notwithstanding any other
    provision of law, to promote bilateral and multilateral activities
    relating to nonproliferation and disarmament: Provided further, That
    such funds may also be used for such countries other than the
    Independent States of the former Soviet Union and international
    organizations when it is in the national security interest of the
    United States to do so: Provided further, That of the funds
    appropriated under this heading, not less than $26,000,000 shall be
    made available for the Biosecurity Engagement Program: Provided
    further, That funds appropriated under this heading may be made
    available for the International Atomic Energy Agency only if the
    Secretary of State determines (and so reports to the Congress) that
    Israel is not being denied its right to participate in the activities
    of that Agency: Provided further, That of the funds made available for
    demining and related activities, not to exceed $700,000, in addition to
    funds otherwise available for such purposes, may be used for
    administrative expenses related to the operation and management of the
    demining program: Provided further, That funds appropriated under this
    heading that are available for ``Anti-terrorism Assistance'' and
    ``Export Control and Border Security'' shall remain available until
    September 30, 2009.

                           Department of the Treasury

                   international affairs technical assistance

        For necessary expenses to carry out the provisions of section 129
    of the Foreign Assistance Act of 1961, $20,400,000, to remain available
    until September 30, 2010, which shall be available notwithstanding any
    other provision of law.

                               debt restructuring

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of modifying loans and loan guarantees, as the President
    may determine, for which funds have been appropriated or otherwise made
    available for programs within the International Affairs Budget Function
    150, including the cost of selling, reducing, or canceling amounts owed
    to the United States as a result of concessional loans made to eligible
    countries, pursuant to parts IV and V of the Foreign Assistance Act of
    1961, of modifying concessional credit agreements with least developed
    countries, as authorized under section 411 of the Agricultural Trade
    Development and Assistance Act of 1954, as amended, of concessional
    loans, guarantees and credit agreements, as authorized under section
    572 of the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
    owed, as a result of loans or guarantees made pursuant to the Export-
    Import Bank Act of 1945, by countries that are eligible for debt
    reduction pursuant to title V of H.R. 3425 as enacted into law by
    section 1000(a)(5) of Public Law 106-113, $30,300,000, to remain
    available until September 30, 2010: Provided, That not less than
    $20,000,000 of the funds appropriated under this heading shall be made
    available to carry out the provisions of part V of the Foreign
    Assistance Act of 1961: Provided further, That amounts paid to the HIPC
    Trust Fund may be used only to fund debt reduction under the enhanced
    HIPC initiative by--
                (1) the Inter-American Development Bank;
                (2) the African Development Fund;
                (3) the African Development Bank; and
                (4) the Central American Bank for Economic Integration:
    Provided further, That funds may not be paid to the HIPC Trust Fund for
    the benefit of any country if the Secretary of State has credible
    evidence that the government of such country is engaged in a consistent
    pattern of gross violations of internationally recognized human rights
    or in military or civil conflict that undermines its ability to develop
    and implement measures to alleviate poverty and to devote adequate
    human and financial resources to that end: Provided further, That on
    the basis of final appropriations, the Secretary of the Treasury shall
    consult with the Committees on Appropriations concerning which
    countries and international financial institutions are expected to
    benefit from a United States contribution to the HIPC Trust Fund during
    the fiscal year: Provided further, That the Secretary of the Treasury
    shall inform the Committees on Appropriations not less than 15 days in
    advance of the signature of an agreement by the United States to make
    payments to the HIPC Trust Fund of amounts for such countries and
    institutions: Provided further, That the Secretary of the Treasury may
    disburse funds designated for debt reduction through the HIPC Trust
    Fund only for the benefit of countries that--
                (1) have committed, for a period of 24 months, not to
            accept new market-rate loans from the international financial
            institution receiving debt repayment as a result of such
            disbursement, other than loans made by such institutions to
            export-oriented commercial projects that generate foreign
            exchange which are generally referred to as ``enclave'' loans;
            and
                (2) have documented and demonstrated their commitment to
            redirect their budgetary resources from international debt
            repayments to programs to alleviate poverty and promote
            economic growth that are additional to or expand upon those
            previously available for such purposes:
    Provided further, That any limitation of subsection (e) of section 411
    of the Agricultural Trade Development and Assistance Act of 1954 shall
    not apply to funds appropriated under this heading: Provided further,
    That none of the funds made available under this heading in this or any
    other appropriations Act shall be made available for Sudan or Burma
    unless the Secretary of the Treasury determines and notifies the
    Committees on Appropriations that a democratically elected government
    has taken office.

                                    TITLE IV

                              MILITARY ASSISTANCE

                      Funds Appropriated to the President

                 international military education and training

        For necessary expenses to carry out the provisions of section 541
    of the Foreign Assistance Act of 1961, $85,877,000, of which up to
    $3,000,000 may remain available until expended: Provided, That funds
    appropriated under this heading shall not be available for Equatorial
    Guinea: Provided further, That the civilian personnel for whom military
    education and training may be provided under this heading may include
    civilians who are not members of a government whose participation would
    contribute to improved civil-military relations, civilian control of
    the military, or respect for human rights: Provided further, That funds
    appropriated under this heading that are made available for assistance
    for Angola, Cameroon, Central African Republic, Chad, Cote d'Ivoire,
    Guinea, Libya, and Nepal may be made available only for expanded
    international military education and training: Provided further, That
    funds made available under this heading in the second proviso and for
    assistance for Haiti, Guatemala, the Democratic Republic of the Congo,
    Sri Lanka, Ethiopia, Bangladesh, Libya, Angola, and Nigeria may only be
    provided through the regular notification procedures of the Committees
    on Appropriations and any such notification shall include a detailed
    description of proposed activities.

                       foreign military financing program

                         (including transfer of funds)

        For expenses necessary for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act,
    $4,588,325,000: Provided, That of the funds appropriated under this
    heading, not less than $2,400,000,000 shall be available for grants
    only for Israel, and not less than $1,300,000,000 shall be made
    available for grants only for Egypt: Provided further, That the funds
    appropriated by this paragraph for Israel shall be disbursed within 30
    days of the enactment of this Act: Provided further, That to the extent
    that the Government of Israel requests that funds be used for such
    purposes, grants made available for Israel by this paragraph shall, as
    agreed by Israel and the United States, be available for advanced
    weapons systems, of which not less than $631,200,000 shall be available
    for the procurement in Israel of defense articles and defense services,
    including research and development: Provided further, That of the funds
    appropriated by this paragraph, $300,000,000 shall be made available
    for assistance for Jordan: Provided further, That of the funds
    appropriated under this heading, not more than $53,000,000 shall be
    available for Colombia, of which $5,000,000 should be made available
    for medical and rehabilitation assistance, removal of landmines, and to
    enhance communications capabilities: Provided further, That of the
    funds appropriated under this heading, $3,655,000 may be made available
    for assistance for Morocco, and an additional $1,000,000 may be made
    available if the Secretary of State certifies to the Committees on
    Appropriations that the Government of Morocco is continuing to make
    progress on human rights, and is allowing all persons to advocate
    freely their views regarding the status and future of the Western
    Sahara through the exercise of their rights to peaceful expression,
    association and assembly and to document violations of human rights in
    that territory without harassment: Provided further, That funds
    appropriated or otherwise made available by this paragraph shall be
    nonrepayable notwithstanding any requirement in section 23 of the Arms
    Export Control Act: Provided further, That funds made available under
    this paragraph shall be obligated upon apportionment in accordance with
    paragraph (5)(C) of title 31, United States Code, section 1501(a):
    Provided further, That $4,000,000 of the funds appropriated under this
    heading shall be transferred to and merged with funds appropriated
    under the heading ``Diplomatic and Consular Programs'' to be made
    available to the Bureau of Democracy, Human Rights and Labor,
    Department of State, to ensure adequate monitoring of the uses of
    assistance made available under this heading in countries where such
    monitoring is most needed, in addition to amounts otherwise available
    for such purposes.
        None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such funds:
    Provided, That all country and funding level increases in allocations
    shall be submitted through the regular notification procedures of
    section 615 of this Act: Provided further, That none of the funds
    appropriated under this heading shall be available for assistance for
    Sudan: Provided further, That none of the funds appropriated under this
    heading may be made available for assistance for Haiti, Guatemala,
    Nepal, Sri Lanka, Pakistan, Bangladesh, Philippines, Indonesia, Bosnia
    and Herzegovina, Ethiopia, and Democratic Republic of the Congo except
    pursuant to the regular notification procedures of the Committees on
    Appropriations: Provided further, That funds made available under this
    heading may be used, notwithstanding any other provision of law, for
    demining, the clearance of unexploded ordnance, and related activities,
    and may include activities implemented through nongovernmental and
    international organizations: Provided further, That only those
    countries for which assistance was justified for the ``Foreign Military
    Sales Financing Program'' in the fiscal year 1989 congressional
    presentation for security assistance programs may utilize funds made
    available under this heading for procurement of defense articles,
    defense services or design and construction services that are not sold
    by the United States Government under the Arms Export Control Act:
    Provided further, That funds appropriated under this heading shall be
    expended at the minimum rate necessary to make timely payment for
    defense articles and services: Provided further, That not more than
    $41,900,000 of the funds appropriated under this heading may be
    obligated for necessary expenses, including the purchase of passenger
    motor vehicles for replacement only for use outside of the United
    States, for the general costs of administering military assistance and
    sales: Provided further, That not more than $395,000,000 of funds
    realized pursuant to section 21(e)(1)(A) of the Arms Export Control Act
    may be obligated for expenses incurred by the Department of Defense
    during fiscal year 2008 pursuant to section 43(b) of the Arms Export
    Control Act, except that this limitation may be exceeded only through
    the regular notification procedures of the Committees on
    Appropriations: Provided further, That foreign military financing
    program funds estimated to be outlayed for Egypt during fiscal year
    2008 shall be transferred to an interest bearing account for Egypt in
    the Federal Reserve Bank of New York within 30 days of enactment of
    this Act: Provided further, That of the amount provided by this
    paragraph, $100,000,000 is designated as described in section 5 (in the
    matter preceding division A of this consolidated Act).

                            peacekeeping operations

        For necessary expenses to carry out the provisions of section 551
    of the Foreign Assistance Act of 1961, $263,230,000: Provided, That of
    the funds made available under this heading, not less than $25,000,000
    shall be made available for a United States contribution to the
    Multinational Force and Observers mission in the Sinai: Provided
    further, That none of the funds appropriated under this heading shall
    be obligated or expended except as provided through the regular
    notification procedures of the Committees on Appropriations: Provided
    further, That of the amount provided by this paragraph, $35,000,000 is
    designated as described in section 5 (in the matter preceding division
    A of this consolidated Act).

                                    TITLE V

                        MULTILATERAL ECONOMIC ASSISTANCE

                      Funds Appropriated to the President

                      international financial institutions

                          global environment facility

        For the United States contribution for the Global Environment
    Facility, $81,763,000 to the International Bank for Reconstruction and
    Development as trustee for the Global Environment Facility, by the
    Secretary of the Treasury, to remain available until expended.

           contribution to the international development association

        For payment to the International Development Association by the
    Secretary of the Treasury, $950,000,000, to remain available until
    expended.

    contribution to the enterprise for the americas multilateral investment
                                      fund

        For payment to the Enterprise for the Americas Multilateral
    Investment Fund by the Secretary of the Treasury, for the United States
    contribution to the fund, $25,000,000, to remain available until
    expended.

                   contribution to the asian development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the Asian Development Fund, as
    authorized by the Asian Development Bank Act, as amended, $75,153,000,
    to remain available until expended.

                  contribution to the african development bank

        For payment to the African Development Bank by the Secretary of the
    Treasury, $2,037,000, for the United States paid-in share of the
    increase in capital stock, to remain available until expended.

                  limitation on callable capital subscriptions

        The United States Governor of the African Development Bank may
    subscribe without fiscal year limitation for the callable capital
    portion of the United States share of such capital stock in an amount
    not to exceed $31,918,770.

                  contribution to the african development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the African Development Fund,
    $135,684,000, to remain available until expended.

      contribution to the european bank for reconstruction and development

        For payment to the European Bank for Reconstruction and Development
    by the Secretary of the Treasury, $10,159 for the United States share
    of the paid-in portion of the increase in capital stock, to remain
    available until expended.

      contribution to the international fund for agricultural development

        For the United States contribution by the Secretary of the Treasury
    to increase the resources of the International Fund for Agricultural
    Development, $18,072,000, to remain available until expended.

                    international organizations and programs

        For necessary expenses to carry out the provisions of section 301
    of the Foreign Assistance Act of 1961, and of section 2 of the United
    Nations Environment Program Participation Act of 1973, $319,485,000.

                                    TITLE VI

                               GENERAL PROVISIONS

      compensation for united states executive directors to international
                             financial institutions

        Sec. 601. (a) No funds appropriated in titles II through V of this
    Act may be made as payment to any international financial institution
    while the United States Executive Director to such institution is
    compensated by the institution at a rate which, together with whatever
    compensation such Director receives from the United States, is in
    excess of the rate provided for an individual occupying a position at
    level IV of the Executive Schedule under section 5315 of title 5,
    United States Code, or while any alternate United States Director to
    such institution is compensated by the institution at a rate in excess
    of the rate provided for an individual occupying a position at level V
    of the Executive Schedule under section 5316 of title 5, United States
    Code.
        (b) For purposes of this section ``international financial
    institutions'' are: the International Bank for Reconstruction and
    Development, the Inter-American Development Bank, the Asian Development
    Bank, the Asian Development Fund, the African Development Bank, the
    African Development Fund, the International Monetary Fund, the North
    American Development Bank, and the European Bank for Reconstruction and
    Development.

               restriction on contributions to the united nations

        Sec. 602. None of the funds appropriated or otherwise made
    available under any title of this Act may be made available to make any
    assessed contribution or voluntary payment of the United States to the
    United Nations if the United Nations implements or imposes any taxation
    on any United States persons.

                        limitation on residence expenses

        Sec. 603. Of the funds appropriated or made available pursuant to
    title III of this Act, not to exceed $100,500 shall be for official
    residence expenses of the United States Agency for International
    Development during the current fiscal year: Provided, That appropriate
    steps shall be taken to assure that, to the maximum extent possible,
    United States-owned foreign currencies are utilized in lieu of dollars.

                          unobligated balances report

        Sec. 604. Any Department or Agency to which funds are appropriated
    or otherwise made available by this Act shall provide to the Committees
    on Appropriations a quarterly accounting of cumulative balances by
    program, project, and activity of the funds received by such Department
    or Agency in this fiscal year or any previous fiscal year that remain
    unobligated and unexpended.

                   limitation on representational allowances

        Sec. 605. Of the funds appropriated or made available pursuant to
    titles II through V of this Act, not to exceed $250,000 shall be
    available for representation and entertainment allowances, of which not
    to exceed $4,000 shall be available for entertainment allowances, for
    the United States Agency for International Development during the
    current fiscal year: Provided, That no such entertainment funds may be
    used for the purposes listed in section 648 of this Act: Provided
    further, That appropriate steps shall be taken to assure that, to the
    maximum extent possible, United States-owned foreign currencies are
    utilized in lieu of dollars: Provided further, That of the funds made
    available by this Act for general costs of administering military
    assistance and sales under the heading ``Foreign Military Financing
    Program'', not to exceed $4,000 shall be available for entertainment
    expenses and not to exceed $130,000 shall be available for
    representation allowances: Provided further, That of the funds made
    available by this Act under the heading ``International Military
    Education and Training'', not to exceed $55,000 shall be available for
    entertainment allowances: Provided further, That of the funds made
    available by this Act for the Inter-American Foundation, not to exceed
    $3,000 shall be available for entertainment and representation
    allowances: Provided further, That of the funds made available by this
    Act for the Peace Corps, not to exceed a total of $4,000 shall be
    available for entertainment expenses: Provided further, That of the
    funds made available by this Act under the heading ``Trade and
    Development Agency'', not to exceed $4,000 shall be available for
    representation and entertainment allowances: Provided further, That of
    the funds made available by this Act under the heading ``Millennium
    Challenge Corporation'', not to exceed $115,000 shall be available for
    representation and entertainment allowances.

              prohibition on taxation of united states assistance

        Sec. 606. (a) Prohibition on Taxation.--None of the funds
    appropriated under titles II through V of this Act may be made
    available to provide assistance for a foreign country under a new
    bilateral agreement governing the terms and conditions under which such
    assistance is to be provided unless such agreement includes a provision
    stating that assistance provided by the United States shall be exempt
    from taxation, or reimbursed, by the foreign government, and the
    Secretary of State shall expeditiously seek to negotiate amendments to
    existing bilateral agreements, as necessary, to conform with this
    requirement.
        (b) Reimbursement of Foreign Taxes.--An amount equivalent to 200
    percent of the total taxes assessed during fiscal year 2008 on funds
    appropriated by this Act by a foreign government or entity against
    commodities financed under United States assistance programs for which
    funds are appropriated by this Act, either directly or through
    grantees, contractors and subcontractors shall be withheld from
    obligation from funds appropriated for assistance for fiscal year 2009
    and allocated for the central government of such country and for the
    West Bank and Gaza Program to the extent that the Secretary of State
    certifies and reports in writing to the Committees on Appropriations
    that such taxes have not been reimbursed to the Government of the
    United States.
        (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
        (d) Reprogramming of Funds.--Funds withheld from obligation for
    each country or entity pursuant to subsection (b) shall be reprogrammed
    for assistance to countries which do not assess taxes on United States
    assistance or which have an effective arrangement that is providing
    substantial reimbursement of such taxes.
        (e) Determinations.--
                (1) The provisions of this section shall not apply to any
            country or entity the Secretary of State determines--
                        (A) does not assess taxes on United States
                    assistance or which has an effective arrangement that
                    is providing substantial reimbursement of such taxes;
                    or
                        (B) the foreign policy interests of the United
                    States outweigh the policy of this section to ensure
                    that United States assistance is not subject to
                    taxation.
                (2) The Secretary of State shall consult with the
            Committees on Appropriations at least 15 days prior to
            exercising the authority of this subsection with regard to any
            country or entity.
        (f) Implementation.--The Secretary of State shall issue rules,
    regulations, or policy guidance, as appropriate, to implement the
    prohibition against the taxation of assistance contained in this
    section.
        (g) Definitions.--As used in this section--
                (1) the terms ``taxes'' and ``taxation'' refer to value
            added taxes and customs duties imposed on commodities financed
            with United States assistance for programs for which funds are
            appropriated by this Act; and
                (2) the term ``bilateral agreement'' refers to a framework
            bilateral agreement between the Government of the United States
            and the government of the country receiving assistance that
            describes the privileges and immunities applicable to United
            States foreign assistance for such country generally, or an
            individual agreement between the Government of the United
            States and such government that describes, among other things,
            the treatment for tax purposes that will be accorded the United
            States assistance provided under that agreement.

            prohibition against direct funding for certain countries

        Sec. 607. None of the funds appropriated or otherwise made
    available pursuant to this Act shall be obligated or expended to
    finance directly any assistance or reparations to Cuba, North Korea,
    Iran, or Syria: Provided, That for purposes of this section, the
    prohibition on obligations or expenditures shall include direct loans,
    credits, insurance and guarantees of the Export-Import Bank or its
    agents.

                                 military coups

        Sec. 608. None of the funds appropriated or otherwise made
    available pursuant to titles II through V of this Act shall be
    obligated or expended to finance directly any assistance to the
    government of any country whose duly elected head of government is
    deposed by military coup or decree: Provided, That assistance may be
    resumed to such government if the President determines and certifies to
    the Committees on Appropriations that subsequent to the termination of
    assistance a democratically elected government has taken office:
    Provided further, That the provisions of this section shall not apply
    to assistance to promote democratic elections or public participation
    in democratic processes: Provided further, That funds made available
    pursuant to the previous provisos shall be subject to the regular
    notification procedures of the Committees on Appropriations.

                               transfer authority

        Sec. 609. (a) Department of State and Broadcasting Board of
    Governors.--Not to exceed 5 percent of any appropriation made available
    for the current fiscal year for the Department of State under title I
    of 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
    not to exceed 5 percent of any appropriation made available for the
    current fiscal year for the Broadcasting Board of Governors under title
    I of 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
    further, That any transfer pursuant to this section shall be treated as
    a reprogramming of funds under section 615 (a) and (b) of this Act and
    shall not be available for obligation or expenditure except in
    compliance with the procedures set forth in that section.
        (b) Export Financing Transfer Authorities.--Not to exceed 5 percent
    of any appropriation other than for administrative expenses made
    available for fiscal year 2008, for programs under title II of this Act
    may be transferred between such appropriations for use for any of the
    purposes, programs, and activities for which the funds in such
    receiving account may be used, but no such appropriation, except as
    otherwise specifically provided, shall be increased by more than 25
    percent by any such transfer: Provided, That the exercise of such
    authority shall be subject to the regular notification procedures of
    the Committees on Appropriations.
        (c)(1) Limitation on Transfers Between Agencies.--None of the funds
    made available under titles II through V of 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 appropriation Act.
        (2) Notwithstanding paragraph (1), in addition to transfers made
    by, or authorized elsewhere in, this Act, funds appropriated by this
    Act to carry out the purposes of the Foreign Assistance Act of 1961 may
    be allocated or transferred to agencies of the United States Government
    pursuant to the provisions of sections 109, 610, and 632 of the Foreign
    Assistance Act of 1961.
        (d) Transfers Between Accounts.--None of the funds made available
    under titles II through V of this Act may be obligated under an
    appropriation account to which they were not appropriated, except for
    transfers specifically provided for in this Act, unless the President
    provides notification in accordance with the regular notification
    procedures of the Committees on Appropriations.
        (e) Audit of Inter-Agency Transfers.--Any agreement for the
    transfer or allocation of funds appropriated by this Act, or prior
    Acts, entered into between the United States Agency for International
    Development and another agency of the United States Government under
    the authority of section 632(a) of the Foreign Assistance Act of 1961
    or any comparable provision of law, shall expressly provide that the
    Office of the Inspector General for the agency receiving the transfer
    or allocation of such funds shall perform periodic program and
    financial audits of the use of such funds: Provided, That funds
    transferred under such authority may be made available for the cost of
    such audits.

                     commercial leasing of defense articles

        Sec. 610. Notwithstanding any other provision of law, and subject
    to the regular notification procedures of the Committees on
    Appropriations, the authority of section 23(a) of the Arms Export
    Control Act may be used to provide financing to Israel, Egypt and NATO
    and major non-NATO allies for the procurement by leasing (including
    leasing with an option to purchase) of defense articles from United
    States commercial suppliers, not including Major Defense Equipment
    (other than helicopters and other types of aircraft having possible
    civilian application), if the President determines that there are
    compelling foreign policy or national security reasons for those
    defense articles being provided by commercial lease rather than by
    government-to-government sale under such Act.

                             availability of funds

        Sec. 611. No part of any appropriation contained in this Act shall
    remain available for obligation after the expiration of the current
    fiscal year unless expressly so provided in this Act: Provided, That
    funds appropriated for the purposes of chapters 1, 8, 11, and 12 of
    part I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II
    of the Foreign Assistance Act of 1961, section 23 of the Arms Export
    Control Act, and funds provided under the headings ``Assistance for
    Eastern Europe and the Baltic States'' and ``Development Credit
    Authority'', shall remain available for an additional 4 years from the
    date on which the availability of such funds would otherwise have
    expired, if such funds are initially obligated before the expiration of
    their respective periods of availability contained in this Act:
    Provided further, That, notwithstanding any other provision of this
    Act, any funds made available for the purposes of chapter 1 of part I
    and chapter 4 of part II of the Foreign Assistance Act of 1961 which
    are allocated or obligated for cash disbursements in order to address
    balance of payments or economic policy reform objectives, shall remain
    available until expended.

                limitation on assistance to countries in default

        Sec. 612. No part of any appropriation provided under titles II
    through V in this Act shall be used to furnish assistance to the
    government of any country which is in default during a period in excess
    of one calendar year in payment to the United States of principal or
    interest on any loan made to the government of such country by the
    United States pursuant to a program for which funds are appropriated
    under this Act unless the President determines, following consultations
    with the Committees on Appropriations, that assistance to such country
    is in the national interest of the United States.

                               commerce and trade

        Sec. 613. (a) None of the funds appropriated or made available
    pursuant to titles II through V of this Act for direct assistance and
    none of the funds otherwise made available to the Export-Import Bank
    and the Overseas Private Investment Corporation shall be obligated or
    expended to finance any loan, any assistance or any other financial
    commitments for establishing or expanding production of any commodity
    for export by any country other than the United States, if the
    commodity is likely to be in surplus on world markets at the time the
    resulting productive capacity is expected to become operative and if
    the assistance will cause substantial injury to United States producers
    of the same, similar, or competing commodity: Provided, That such
    prohibition shall not apply to the Export-Import Bank if in the
    judgment of its Board of Directors the benefits to industry and
    employment in the United States are likely to outweigh the injury to
    United States producers of the same, similar, or competing commodity,
    and the Chairman of the Board so notifies the Committees on
    Appropriations.
        (b) None of the funds appropriated by this or any other Act to
    carry out chapter 1 of part I of the Foreign Assistance Act of 1961
    shall be available for any testing or breeding feasibility study,
    variety improvement or introduction, consultancy, publication,
    conference, or training in connection with the growth or production in
    a foreign country of an agricultural commodity for export which would
    compete with a similar commodity grown or produced in the United
    States: Provided, That this subsection shall not prohibit--
                (1) activities designed to increase food security in
            developing countries where such activities will not have a
            significant impact on the export of agricultural commodities of
            the United States; or
                (2) research activities intended primarily to benefit
            American producers.

                              surplus commodities

        Sec. 614. The Secretary of the Treasury shall instruct the United
    States Executive Directors of the International Bank for Reconstruction
    and Development, the International Development Association, the
    International Finance Corporation, the Inter-American Development Bank,
    the International Monetary Fund, the Asian Development Bank, the Inter-
    American Investment Corporation, the North American Development Bank,
    the European Bank for Reconstruction and Development, the African
    Development Bank, and the African Development Fund to use the voice and
    vote of the United States to oppose any assistance by these
    institutions, using funds appropriated or made available pursuant to
    titles II through V of this Act, for the production or extraction of
    any commodity or mineral for export, if it is in surplus on world
    markets and if the assistance will cause substantial injury to United
    States producers of the same, similar, or competing commodity.

                    reprogramming notification requirements

        Sec. 615. (a) None of the funds made available in title I of this
    Act, or in prior appropriations Acts to the agencies and departments
    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 or of currency
    reflows or other offsetting collections, or made available by transfer,
    to the agencies and departments 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) closes or opens a mission or
    post; (6) reorganizes or renames offices; (7) reorganizes programs or
    activities; or (8) contracts out or privatizes any functions or
    activities presently performed by Federal employees; unless the
    Committees on Appropriations are notified 15 days in advance of such
    reprogramming of funds.
        (b) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds provided under
    title I of this Act, or provided under previous appropriations Acts to
    the agencies or department funded under title I of 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 or department
    funded by title I of this Act, shall be available for obligation or
    expenditure for activities, programs, or projects through a
    reprogramming of funds in excess of $750,000 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 Committees on Appropriations are notified 15 days in advance
    of such reprogramming of funds.
        (c) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds made available
    under titles II through V of this Act for ``Global Health and Child
    Survival'', ``Development Assistance'', ``International Organizations
    and Programs'', ``Trade and Development Agency'', ``International
    Narcotics Control and Law Enforcement'', ``Andean Counterdrug
    Programs'', ``Assistance for Eastern Europe and the Baltic States'',
    ``Assistance for the Independent States of the Former Soviet Union'',
    ``Economic Support Fund'', ``Democracy Fund'', ``Peacekeeping
    Operations'', ``Capital Investment Fund'', ``Operating Expenses of the
    United States Agency for International Development'', ``Operating
    Expenses of the United States Agency for International Development
    Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
    Demining and Related Programs'', ``Millennium Challenge Corporation''
    (by country only), ``Foreign Military Financing Program'',
    ``International Military Education and Training'', ``Peace Corps'', and
    ``Migration and Refugee Assistance'', shall be available for obligation
    for activities, programs, projects, type of materiel assistance,
    countries, or other operations not justified or in excess of the amount
    justified to the Committees on Appropriations for obligation under any
    of these specific headings unless the Committees on Appropriations of
    both Houses of Congress are previously notified 15 days in advance:
    Provided, That the President shall not enter into any commitment of
    funds appropriated for the purposes of section 23 of the Arms Export
    Control Act for the provision of major defense equipment, other than
    conventional ammunition, or other major defense items defined to be
    aircraft, ships, missiles, or combat vehicles, not previously justified
    to Congress or 20 percent in excess of the quantities justified to
    Congress unless the Committees on Appropriations are notified 15 days
    in advance of such commitment: Provided further, That this subsection
    shall not apply to any reprogramming for an activity, program, or
    project for which funds are appropriated under titles III or IV of this
    Act of less than 10 percent of the amount previously justified to the
    Congress for obligation for such activity, program, or project for the
    current fiscal year.
        (d) The requirements of this section or any similar provision of
    this Act or any other Act, including any prior Act requiring
    notification in accordance with the regular notification procedures of
    the Committees on Appropriations, may be waived if failure to do so
    would pose a substantial risk to human health or welfare: Provided,
    That in case of any such waiver, notification to the Congress, or the
    appropriate congressional committees, shall be provided as early as
    practicable, but in no event later than 3 days after taking the action
    to which such notification requirement was applicable, in the context
    of the circumstances necessitating such waiver: Provided further, That
    any notification provided pursuant to such a waiver shall contain an
    explanation of the emergency circumstances.

    limitation on availability of funds for international organizations and
                                    programs

        Sec. 616. Subject to the regular notification procedures of the
    Committees on Appropriations, funds appropriated under titles II
    through V of this Act or any previously enacted Act making
    appropriations for foreign operations, export financing, and related
    programs, which are returned or not made available for organizations
    and programs because of the implementation of section 307(a) of the
    Foreign Assistance Act of 1961, shall remain available for obligation
    until September 30, 2009: Provided, That section 307(a) of the Foreign
    Assistance Act of 1961 is amended by striking ``Libya,''.

                 independent states of the former soviet union

        Sec. 617. (a) None of the funds appropriated under the heading
    ``Assistance for the Independent States of the Former Soviet Union''
    shall be made available for assistance for a government of an
    Independent State of the former Soviet Union if that government directs
    any action in violation of the territorial integrity or national
    sovereignty of any other Independent State of the former Soviet Union,
    such as those violations included in the Helsinki Final Act: Provided,
    That such funds may be made available without regard to the restriction
    in this subsection if the President determines that to do so is in the
    national security interest of the United States.
        (b) None of the funds appropriated under the heading ``Assistance
    for the Independent States of the Former Soviet Union'' shall be made
    available for any state to enhance its military capability: Provided,
    That this restriction does not apply to demilitarization, demining or
    nonproliferation programs.
        (c) Funds appropriated under the heading ``Assistance for the
    Independent States of the Former Soviet Union'' for the Russian
    Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
    regular notification procedures of the Committees on Appropriations.
        (d) Funds made available in this Act for assistance for the
    Independent States of the former Soviet Union shall be subject to the
    provisions of section 117 (relating to environment and natural
    resources) of the Foreign Assistance Act of 1961.
        (e)(1) Of the funds appropriated under the heading ``Assistance for
    the Independent States of the Former Soviet Union'' that are allocated
    for assistance for the Government of the Russian Federation, 60 percent
    shall be withheld from obligation until the President determines and
    certifies in writing to the Committees on Appropriations that the
    Government of the Russian Federation--
                (A) has terminated implementation of arrangements to
            provide Iran with technical expertise, training, technology, or
            equipment necessary to develop a nuclear reactor, related
            nuclear research facilities or programs, or ballistic missile
            capability; and
                (B) is providing full access to international non-
            government organizations providing humanitarian relief to
            refugees and internally displaced persons in Chechnya.
        (2) Paragraph (1) shall not apply to--
                (A) assistance to combat infectious diseases, child
            survival activities, or assistance for victims of trafficking
            in persons; and
                (B) activities authorized under title V (Nonproliferation
            and Disarmament Programs and Activities) of the FREEDOM Support
            Act.
        (f) Section 907 of the FREEDOM Support Act shall not apply to--
                (1) activities to support democracy or assistance under
            title V of the FREEDOM Support Act and section 1424 of Public
            Law 104-201 or non-proliferation assistance;
                (2) any assistance provided by the Trade and Development
            Agency under section 661 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2421);
                (3) any activity carried out by a member of the United
            States and Foreign Commercial Service while acting within his
            or her official capacity;
                (4) any insurance, reinsurance, guarantee or other
            assistance provided by the Overseas Private Investment
            Corporation under title IV of chapter 2 of part I of the
            Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
                (5) any financing provided under the Export-Import Bank Act
            of 1945; or
                (6) humanitarian assistance.

       prohibition on funding for abortions and involuntary sterilization

        Sec. 618. None of the funds made available to carry out part I of
    the Foreign Assistance Act of 1961, as amended, may be used to pay for
    the performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions. None of the funds
    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for the performance of involuntary
    sterilization as a method of family planning or to coerce or provide
    any financial incentive to any person to undergo sterilizations. None
    of the funds made available to carry out part I of the Foreign
    Assistance Act of 1961, as amended, may be used to pay for any
    biomedical research which relates in whole or in part, to methods of,
    or the performance of, abortions or involuntary sterilization as a
    means of family planning. None of the funds made available to carry out
    part I of the Foreign Assistance Act of 1961, as amended, may be
    obligated or expended for any country or organization if the President
    certifies that the use of these funds by any such country or
    organization would violate any of the above provisions related to
    abortions and involuntary sterilizations.

                                  allocations

        Sec. 619. (a) Funds provided in this Act for the following accounts
    shall be made available for programs and countries in the amounts
    contained in the respective tables included in the explanatory
    statement described in section 4 (in the matter preceding division A of
    this consolidated Act) accompanying this Act:
                ``Educational and Cultural Exchange Programs''.
                ``American Sections, International Commissions''.
                ``International Broadcasting Operations''.
                ``Global Health and Child Survival''.
                ``Economic Support Fund''.
                ``Assistance for Eastern Europe and the Baltic States''.
                ``Assistance for the Independent States of the Former
            Soviet Union''.
                ``Democracy Fund''.
                ``International Narcotics Control and Law Enforcement''.
                ``Andean Counterdrug Programs''.
                ``Nonproliferation, Anti-Terrorism, Demining and Related
            Programs''.
                ``Foreign Military Financing Program''.
                ``Peacekeeping Operations''.
                ``International Organizations and Programs''.
        (b) Any proposed increases or decreases to the amounts contained in
    such tables in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act) shall be subject
    to the regular notification procedures of the Committees on
    Appropriations and section 634A of the Foreign Assistance Act of 1961.

                       special notification requirements

        Sec. 620. None of the funds appropriated under titles II through V
    of this Act shall be obligated or expended for assistance for Serbia,
    Sudan, Zimbabwe, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico,
    Nepal, or Cambodia except as provided through the regular notification
    procedures of the Committees on Appropriations.

                  definition of program, project, and activity

        Sec. 621. For the purpose of titles II through V of this Act
    ``program, project, and activity'' shall be defined at the
    appropriations Act account level and shall include all appropriations
    and authorizations Acts funding directives, ceilings, and limitations
    with the exception that for the following accounts: ``Economic Support
    Fund'' and ``Foreign Military Financing Program'', ``program, project,
    and activity'' shall also be considered to include country, regional,
    and central program level funding within each such account; for the
    development assistance accounts of the United States Agency for
    International Development ``program, project, and activity'' shall also
    be considered to include central, country, regional, and program level
    funding, either as: (1) justified to the Congress; or (2) allocated by
    the executive branch in accordance with a report, to be provided to the
    Committees on Appropriations within 30 days of the enactment of this
    Act, as required by section 653(a) of the Foreign Assistance Act of
    1961.

                  global health and child survival activities

        Sec. 622. Up to $13,500,000 of the funds made available by this Act
    in title III for assistance under the heading ``Global Health and Child
    Survival'', may be used to reimburse United States Government agencies,
    agencies of State governments, institutions of higher learning, and
    private and voluntary organizations for the full cost of individuals
    (including for the personal services of such individuals) detailed or
    assigned to, or contracted by, as the case may be, the United States
    Agency for International Development for the purpose of carrying out
    activities under that heading: Provided, That up to $3,500,000 of the
    funds made available by this Act for assistance under the heading
    ``Development Assistance'' may be used to reimburse such agencies,
    institutions, and organizations for such costs of such individuals
    carrying out other development assistance activities: Provided further,
    That funds appropriated by titles III and IV of this Act that are made
    available for bilateral assistance for child survival activities or
    disease programs including activities relating to research on, and the
    prevention, treatment and control of, HIV/AIDS may be made available
    notwithstanding any other provision of law except for the provisions
    under the heading ``Global Health and Child Survival'' and the United
    States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
    2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided
    further, That of the funds appropriated under title III of this Act,
    not less than $461,000,000 shall be made available for family planning/
    reproductive health.

                                  afghanistan

        Sec. 623. Of the funds appropriated under titles III and IV of this
    Act, not less than $1,057,050,000 should be made available for
    assistance for Afghanistan: Provided, That of the funds made available
    pursuant to this section, $3,000,000 should be made available for
    reforestation activities: Provided further, That funds made available
    pursuant to the previous proviso should be matched, to the maximum
    extent possible, with contributions from American and Afghan
    businesses: Provided further, That of the funds allocated for
    assistance for Afghanistan from this Act not less than $75,000,000
    shall be made available to support programs that directly address the
    needs of Afghan women and girls, including for the Afghan Independent
    Human Rights Commission, the Afghan Ministry of Women's Affairs, and
    for women-led nonprofit organizations in Afghanistan: Provided further,
    That of the funds appropriated by this Act that are available for
    Afghanistan, $20,000,000 should be made available through United States
    universities to develop agriculture extension services for Afghan
    farmers, $2,000,000 should be made available for a United States
    contribution to the North Atlantic Treaty Organization/International
    Security Assistance Force Post-Operations Humanitarian Relief Fund, and
    not less than $10,000,000 should be made available for continued
    support of the United States Agency for International Development's
    Afghan Civilian Assistance Program.

                    notification on excess defense equipment

        Sec. 624. Prior to providing excess Department of Defense articles
    in accordance with section 516(a) of the Foreign Assistance Act of
    1961, the Department of Defense shall notify the Committees on
    Appropriations to the same extent and under the same conditions as are
    other committees pursuant to subsection (f) of that section: Provided,
    That before issuing a letter of offer to sell excess defense articles
    under the Arms Export Control Act, the Department of Defense shall
    notify the Committees on Appropriations in accordance with the regular
    notification procedures of such Committees if such defense articles are
    significant military equipment (as defined in section 47(9) of the Arms
    Export Control Act) or are valued (in terms of original acquisition
    cost) at $7,000,000 or more, or if notification is required elsewhere
    in this Act for the use of appropriated funds for specific countries
    that would receive such excess defense articles: Provided further, That
    such Committees shall also be informed of the original acquisition cost
    of such defense articles.

                             global fund management

        Sec. 625. (a) Notwithstanding any other provision of this Act, 20
    percent of the funds that are appropriated by this Act for a
    contribution to support the Global Fund to Fight AIDS, Tuberculosis and
    Malaria (the ``Global Fund'') shall be withheld from obligation to the
    Global Fund until the Secretary of State certifies to the Committees on
    Appropriations that the Global Fund--
                (1) is releasing incremental disbursements only if grantees
            demonstrate progress against clearly defined performance
            indicators;
                (2) is providing support and oversight to country-level
            entities, such as country coordinating mechanisms, principal
            recipients, and Local Fund Agents (LFAs), to enable them to
            fulfill their mandates;
                (3) has a full-time, professional, independent Office of
            Inspector General that is fully operational;
                (4) requires LFAs to assess whether a principal recipient
            has the capacity to oversee the activities of sub-recipients;
                (5) is making progress toward implementing a reporting
            system that breaks down grantee budget allocations by
            programmatic activity;
                (6) has adopted and is implementing a policy to publish on
            a publicly available website the reports of the Global Fund's
            Inspector General in a manner that is consistent with the
            Policy for Disclosure of Reports of the Inspector General as
            approved at the 16th Meeting of the Board of the Global Fund to
            Fight AIDS, Tuberculosis and Malaria; and
                (7) is tracking and encouraging the involvement of civil
            society, including faith-based organizations, in country
            coordinating mechanisms and program implementation.
        (b) The Secretary of State shall submit a report to the Committees
    on Appropriations not later than 120 days after enactment of this Act
    on the involvement of faith-based organizations in Global Fund
    programs. The report shall include--
                (1) on a country-by-country basis--
                        (A) a description of the amount of grants and sub-
                    grants provided to faith-based organizations; and
                        (B) a detailed description of the involvement of
                    faith-based organizations in the Country Coordinating
                    Mechanism (CCM) process of the Global Fund; and
                (2) a description of actions the Global Fund is taking to
            enhance the involvement of faith-based organizations in the CCM
            process, particularly in countries in which the involvement of
            faith-based organizations has been underrepresented.

           prohibition on bilateral assistance to terrorist countries

        Sec. 626. (a) Funds appropriated for bilateral assistance under any
    heading of this Act and funds appropriated under any such heading in a
    provision of law enacted prior to the enactment of this Act, shall not
    be made available to any country which the President determines--
                (1) grants sanctuary from prosecution to any individual or
            group which has committed an act of international terrorism; or
                (2) otherwise supports international terrorism.
        (b) The President may waive the application of subsection (a) to a
    country if the President determines that national security or
    humanitarian reasons justify such waiver. The President shall publish
    each waiver in the Federal Register and, at least 15 days before the
    waiver takes effect, shall notify the Committees on Appropriations of
    the waiver (including the justification for the waiver) in accordance
    with the regular notification procedures of the Committees on
    Appropriations.

                              debt-for-development

        Sec. 627. In order to enhance the continued participation of
    nongovernmental organizations in debt-for-development and debt-for-
    nature exchanges, a nongovernmental organization which is a grantee or
    contractor of the United States Agency for International Development
    may place in interest bearing accounts local currencies which accrue to
    that organization as a result of economic assistance provided under
    title III of this Act and, subject to the regular notification
    procedures of the Committees on Appropriations, any interest earned on
    such investment shall be used for the purpose for which the assistance
    was provided to that organization.

                               separate accounts

        Sec. 628. (a) Separate Accounts for Local Currencies.--
                (1) If assistance is furnished to the government of a
            foreign country under chapters 1 and 10 of part I or chapter 4
            of part II of the Foreign Assistance Act of 1961 under
            agreements which result in the generation of local currencies
            of that country, the Administrator of the United States Agency
            for International Development shall--
                        (A) require that local currencies be deposited in a
                    separate account established by that government;
                        (B) enter into an agreement with that government
                    which sets forth--
                                (i) the amount of the local currencies to
                            be generated; and
                                (ii) the terms and conditions under which
                            the currencies so deposited may be utilized,
                            consistent with this section; and
                        (C) establish by agreement with that government the
                    responsibilities of the United States Agency for
                    International Development and that government to
                    monitor and account for deposits into and disbursements
                    from the separate account.
                (2) Uses of local currencies.--As may be agreed upon with
            the foreign government, local currencies deposited in a
            separate account pursuant to subsection (a), or an equivalent
            amount of local currencies, shall be used only--
                        (A) to carry out chapter 1 or 10 of part I or
                    chapter 4 of part II (as the case may be), for such
                    purposes as--
                                (i) project and sector assistance
                            activities; or
                                (ii) debt and deficit financing; or
                        (B) for the administrative requirements of the
                    United States Government.
                (3) Programming accountability.--The United States Agency
            for International Development shall take all necessary steps to
            ensure that the equivalent of the local currencies disbursed
            pursuant to subsection (a)(2)(A) from the separate account
            established pursuant to subsection (a)(1) are used for the
            purposes agreed upon pursuant to subsection (a)(2).
                (4) Termination of assistance programs.--Upon termination
            of assistance to a country under chapter 1 or 10 of part I or
            chapter 4 of part II (as the case may be), any unencumbered
            balances of funds which remain in a separate account
            established pursuant to subsection (a) shall be disposed of for
            such purposes as may be agreed to by the government of that
            country and the United States Government.
                (5) Reporting requirement.--The Administrator of the United
            States Agency for International Development shall report on an
            annual basis as part of the justification documents submitted
            to the Committees on Appropriations on the use of local
            currencies for the administrative requirements of the United
            States Government as authorized in subsection (a)(2)(B), and
            such report shall include the amount of local currency (and
            United States dollar equivalent) used and/or to be used for
            such purpose in each applicable country.
        (b) Separate Accounts for Cash Transfers.--
                (1) If assistance is made available to the government of a
            foreign country, under chapter 1 or 10 of part I or chapter 4
            of part II of the Foreign Assistance Act of 1961, as cash
            transfer assistance or as nonproject sector assistance, that
            country shall be required to maintain such funds in a separate
            account and not commingle them with any other funds.
                (2) Applicability of other provisions of law.--Such funds
            may be obligated and expended notwithstanding provisions of law
            which are inconsistent with the nature of this assistance
            including provisions which are referenced in the Joint
            Explanatory Statement of the Committee of Conference
            accompanying House Joint Resolution 648 (House Report No. 98-
            1159).
                (3) Notification.--At least 15 days prior to obligating any
            such cash transfer or nonproject sector assistance, the
            President shall submit a notification through the regular
            notification procedures of the Committees on Appropriations,
            which shall include a detailed description of how the funds
            proposed to be made available will be used, with a discussion
            of the United States interests that will be served by the
            assistance (including, as appropriate, a description of the
            economic policy reforms that will be promoted by such
            assistance).
                (4) Exemption.--Nonproject sector assistance funds may be
            exempt from the requirements of subsection (b)(1) only through
            the notification procedures of the Committees on
            Appropriations.

                          enterprise fund restrictions

        Sec. 629. (a) Prior to the distribution of any assets resulting
    from any liquidation, dissolution, or winding up of an Enterprise Fund,
    in whole or in part, the President shall submit to the Committees on
    Appropriations, in accordance with the regular notification procedures
    of the Committees on Appropriations, a plan for the distribution of the
    assets of the Enterprise Fund.
        (b) Funds made available under titles II through V of this Act for
    Enterprise Funds shall be expended at the minimum rate necessary to
    make timely payment for projects and activities.

                          financial market assistance

        Sec. 630. Of the funds appropriated by this Act under the headings
    ``Trade and Development Agency'', ``Development Assistance'',
    ``Transition Initiatives'', ``Economic Support Fund'', ``International
    Affairs Technical Assistance'', ``Assistance for the Independent States
    of the Former Soviet Union'', ``Nonproliferation, Anti-Terrorism,
    Demining and Related Programs'', and ``Assistance for Eastern Europe
    and Baltic States'', not less than $40,000,000 should be made available
    for building capital markets and financial systems in countries
    eligible to receive United States assistance.

    authorities for the peace corps, inter-american foundation and african
                             development foundation

        Sec. 631. Unless expressly provided to the contrary, provisions of
    this or any other Act, including provisions contained in prior Acts
    authorizing or making appropriations for foreign operations, export
    financing, and related programs, shall not be construed to prohibit
    activities authorized by or conducted under the Peace Corps Act, the
    Inter-American Foundation Act or the African Development Foundation
    Act. The agency shall promptly report to the Committees on
    Appropriations whenever it is conducting activities or is proposing to
    conduct activities in a country for which assistance is prohibited.

                      impact on jobs in the united states

        Sec. 632. None of the funds appropriated under titles II through V
    of this Act may be obligated or expended to provide--
                (1) any financial incentive to a business enterprise
            currently located in the United States for the purpose of
            inducing such an enterprise to relocate outside the United
            States if such incentive or inducement is likely to reduce the
            number of employees of such business enterprise in the United
            States because United States production is being replaced by
            such enterprise outside the United States; or
                (2) assistance for any program, project, or activity that
            contributes to the violation of internationally recognized
            workers rights, as defined in section 507(4) of the Trade Act
            of 1974, of workers in the recipient country, including any
            designated zone or area in that country: Provided, That the
            application of section 507(4)(D) and (E) of such Act should be
            commensurate with the level of development of the recipient
            country and sector, and shall not preclude assistance for the
            informal sector in such country, micro and small-scale
            enterprise, and smallholder agriculture.

                       comprehensive expenditures report

        Sec. 633. Not later than 180 days after the date of enactment of
    this Act, the Secretary of State shall submit a report to the
    Committees on Appropriations detailing the total amount of United
    States Government expenditures in fiscal years 2005 and 2006, by
    Federal agency, for programs and activities in each foreign country,
    identifying the line item as presented in the President's Budget
    Appendix and the purpose for which the funds were provided: Provided,
    That if required, information may be submitted in classified form.

                              special authorities

        Sec. 634. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro,
    Victims of War, Displaced Children, and Displaced Burmese.--Funds
    appropriated under titles II through V of this Act that are made
    available for assistance for Afghanistan may be made available
    notwithstanding section 612 of this Act or any similar provision of law
    and section 660 of the Foreign Assistance Act of 1961, and funds
    appropriated in titles II and III of this Act that are made available
    for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war,
    displaced children, and displaced Burmese, and to assist victims of
    trafficking in persons and, subject to the regular notification
    procedures of the Committees on Appropriations, to combat such
    trafficking, may be made available notwithstanding any other provision
    of law.
        (b) Tropical Forestry and Biodiversity Conservation Activities.--
    Funds appropriated by this Act to carry out the provisions of sections
    103 through 106, and chapter 4 of part II, of the Foreign Assistance
    Act of 1961 may be used, notwithstanding any other provision of law,
    for the purpose of supporting tropical forestry and biodiversity
    conservation activities and energy programs aimed at reducing
    greenhouse gas emissions: Provided, That such assistance shall be
    subject to sections 116, 502B, and 620A of the Foreign Assistance Act
    of 1961.
        (c) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Agricultural
    Trade Development and Assistance Act of 1954, may be used by the United
    States Agency for International Development to employ up to 25 personal
    services contractors in the United States, notwithstanding any other
    provision of law, for the purpose of providing direct, interim support
    for new or expanded overseas programs and activities managed by the
    agency until permanent direct hire personnel are hired and trained:
    Provided, That not more than 10 of such contractors shall be assigned
    to any bureau or office: Provided further, That such funds appropriated
    to carry out title II of the Agricultural Trade Development and
    Assistance Act of 1954, may be made available only for personal
    services contractors assigned to the Office of Food for Peace.
        (d)(1) Waiver.--The President may waive the provisions of section
    1003 of Public Law 100-204 if the President determines and certifies in
    writing to the Speaker of the House of Representatives and the
    President pro tempore of the Senate that it is important to the
    national security interests of the United States.
        (2) Period of Application of Waiver.--Any waiver pursuant to
    paragraph (1) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (e) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, the United
    States Agency for International Development may provide an exception to
    the fair opportunity process for placing task orders under such
    contracts when the order is placed with any category of small or small
    disadvantaged business.
        (f) Vietnamese Refugees.--Section 594(a) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2005
    (enacted as division D of Public Law 108-447; 118 Stat. 3038) is
    amended by striking ``2007'' and inserting ``2009''.
        (g) Reconstituting Civilian Police Authority.--In providing
    assistance with funds appropriated by this Act under section 660(b)(6)
    of the Foreign Assistance Act of 1961, support for a nation emerging
    from instability may be deemed to mean support for regional, district,
    municipal, or other sub-national entity emerging from instability, as
    well as a nation emerging from instability.
        (h) China Programs.--Notwithstanding any other provision of law, of
    the funds appropriated under the heading ``Development Assistance'' in
    this Act, not less than $10,000,000 shall be made available to United
    States educational institutions and nongovernmental organizations for
    programs and activities in the People's Republic of China relating to
    the environment, democracy, and the rule of law: Provided, That funds
    made available pursuant to this authority shall be subject to the
    regular notification procedures of the Committees on Appropriations.
        (i) Middle East Foundation.--Funds appropriated by this Act and
    prior Acts for a Middle East Foundation shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (j) Extension of Authority.--Section 1365(c) of the National
    Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 22
    U.S.C. 2778 note) is amended by striking ``During the 16 year period
    beginning on October 23, 1992'' and inserting ``During the 22 year
    period beginning on October 23, 1992'' before the period at the end.
        (k) Extension of Authority.--The Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public Law
    101-167) is amended--
                (1) in section 599D (8 U.S.C. 1157 note)--
                        (A) in subsection (b)(3), by striking ``and 2007''
                    and inserting ``2007, and 2008''; and
                        (B) in subsection (e), by striking ``2007'' each
                    place it appears and inserting ``2008''; and
                (2) in section 599E (8 U.S.C. 1255 note) in subsection
            (b)(2), by striking ``2007'' and inserting ``2008''.
        (l) World Food Program.--Of the funds managed by the Bureau for
    Democracy, Conflict, and Humanitarian Assistance of the United States
    Agency for International Development, from this or any other Act, not
    less than $10,000,000 shall be made available as a general contribution
    to the World Food Program, notwithstanding any other provision of law.
        (m) Capital Security Cost-Sharing.--Notwithstanding any other
    provision of law, of the funds appropriated under the heading ``Embassy
    Security, Construction, and Maintenance'', not less than $2,000,000
    shall be made available for the Capital Security Cost-Sharing fees of
    the Library of Congress.
        (n) Disarmament, Demobilization and Reintegration.--Notwithstanding
    any other provision of law, regulation or Executive Order, funds
    appropriated by this Act and prior Acts making appropriations for
    foreign operations, export financing, and related programs under the
    headings ``Economic Support Fund'', ``Peacekeeping Operations'',
    ``International Disaster Assistance'', and ``Transition Initiatives''
    should be made available to support programs to disarm, demobilize, and
    reintegrate into civilian society former members of foreign terrorist
    organizations: Provided, That the Secretary of State shall consult with
    the Committees on Appropriations prior to the obligation of funds
    pursuant to this subsection: Provided further, That for the purposes of
    this subsection, ``International Disaster Assistance'' may also mean
    ``International Disaster and Famine Assistance'': Provided further,
    That for the purposes of this subsection the term ``foreign terrorist
    organization'' means an organization designated as a terrorist
    organization under section 219 of the Immigration and Nationality Act.
        (o) Nongovernmental Organizations.--With respect to the provision
    of assistance for democracy, human rights and governance activities,
    the organizations implementing such assistance and the specific nature
    of that assistance shall not be subject to the prior approval by the
    government of any foreign country.
        (p) Prison Conditions.--Funds appropriated by this Act to carry out
    the provisions of chapters 1 and 11 of part I and chapter 4 of part II
    of the Foreign Assistance Act of 1961, and the Support for East
    European Democracy (SEED) Act of 1989, may be used to provide
    assistance to improve conditions in prison facilities administered by
    foreign governments, including among other things, activities to
    improve prison sanitation and ensure the availability of adequate food,
    drinking water and medical care for prisoners: Provided, That
    assistance made available under this subsection may be made available
    notwithstanding section 660 of the Foreign Assistance Act of 1961, and
    subject to the regular notification procedures of the Committees on
    Appropriations.
        (q) Program for Research and Training on Eastern Europe and the
    Independent States of the Former Soviet Union.--Of the funds
    appropriated by this Act under the heading, ``Economic Support Fund'',
    not less than $5,000,000 shall be made available to carry out the
    Program for Research and Training on Eastern Europe and the Independent
    States of the Former Soviet Union (title VIII) as authorized by the
    Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
    4501-4508, as amended).
        (r) Broadcasting Board of Governors Authority.--Section 504(c) of
    the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law
    107-228; 22 U.S.C. 6206 note) is amended by striking ``December 31,
    2007'' and inserting ``December 31, 2008''.
        (s) Transatlantic Legislators' Dialogue Authority.--Section 109(c)
    of Public Law 98-164 is amended by striking ``$50,000'' and inserting
    ``$100,000''.
        (t) OPIC Authority.--Notwithstanding section 235(a)(2) of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2195(a)(2)), the authority of
    subsections (a) through (c) of section 234 of such Act shall remain in
    effect through April 1, 2008.

                         arab league boycott of israel

        Sec. 635. It is the sense of the Congress that--
                (1) the Arab League boycott of Israel, and the secondary
            boycott of American firms that have commercial ties with
            Israel, is an impediment to peace in the region and to United
            States investment and trade in the Middle East and North
            Africa;
                (2) the Arab League boycott, which was regrettably
            reinstated in 1997, should be immediately and publicly
            terminated, and the Central Office for the Boycott of Israel
            immediately disbanded;
                (3) all Arab League states should normalize relations with
            their neighbor Israel;
                (4) the President and the Secretary of State should
            continue to vigorously oppose the Arab League boycott of Israel
            and find concrete steps to demonstrate that opposition by, for
            example, taking into consideration the participation of any
            recipient country in the boycott when determining to sell
            weapons to said country; and
                (5) the President should report to Congress annually on
            specific steps being taken by the United States to encourage
            Arab League states to normalize their relations with Israel to
            bring about the termination of the Arab League boycott of
            Israel, including those to encourage allies and trading
            partners of the United States to enact laws prohibiting
            businesses from complying with the boycott and penalizing
            businesses that do comply.

                           eligibility for assistance

        Sec. 636. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained under titles II through V of this or any other
    Act with respect to assistance for a country shall not be construed to
    restrict assistance in support of programs of nongovernmental
    organizations from funds appropriated by this Act to carry out the
    provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of
    part II of the Foreign Assistance Act of 1961, and from funds
    appropriated under the heading ``Assistance for Eastern Europe and the
    Baltic States'': Provided, That before using the authority of this
    subsection to furnish assistance in support of programs of
    nongovernmental organizations, the President shall notify the
    Committees on Appropriations under the regular notification procedures
    of those committees, including a description of the program to be
    assisted, the assistance to be provided, and the reasons for furnishing
    such assistance: Provided further, That nothing in this subsection
    shall be construed to alter any existing statutory prohibitions against
    abortion or involuntary sterilizations contained in this or any other
    Act.
        (b) Public Law 480.--During fiscal year 2008, restrictions
    contained in this or any other Act with respect to assistance for a
    country shall not be construed to restrict assistance under the
    Agricultural Trade Development and Assistance Act of 1954: Provided,
    That none of the funds appropriated to carry out title I of such Act
    and made available pursuant to this subsection may be obligated or
    expended except as provided through the regular notification procedures
    of the Committees on Appropriations.
        (c) Exception.--This section shall not apply--
                (1) with respect to section 620A of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to countries that support international terrorism;
            or
                (2) with respect to section 116 of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to the government of a country that violates
            internationally recognized human rights.

                             reservations of funds

        Sec. 637. (a) Funds appropriated under titles II through V of this
    Act which are specifically designated may be reprogrammed for other
    programs within the same account notwithstanding the designation if
    compliance with the designation is made impossible by operation of any
    provision of this or any other Act: Provided, That any such
    reprogramming shall be subject to the regular notification procedures
    of the Committees on Appropriations: Provided further, That assistance
    that is reprogrammed pursuant to this subsection shall be made
    available under the same terms and conditions as originally provided.
        (b) In addition to the authority contained in subsection (a), the
    original period of availability of funds appropriated by this Act and
    administered by the United States Agency for International Development
    that are specifically designated for particular programs or activities
    by this or any other Act shall be extended for an additional fiscal
    year if the Administrator of such agency determines and reports
    promptly to the Committees on Appropriations that the termination of
    assistance to a country or a significant change in circumstances makes
    it unlikely that such designated funds can be obligated during the
    original period of availability: Provided, That such designated funds
    that are continued available for an additional fiscal year shall be
    obligated only for the purpose of such designation.
        (c) Ceilings and specifically designated funding levels contained
    in this Act shall not be applicable to funds or authorities
    appropriated or otherwise made available by any subsequent Act unless
    such Act specifically so directs. Specifically designated funding
    levels or minimum funding requirements contained in any other Act shall
    not be applicable to funds appropriated by this Act.

                                      asia

        Sec. 638. (a) Funding Levels.--Of the funds appropriated by this
    Act under the headings ``Global Health and Child Survival'' and
    ``Development Assistance'', not less than the amount of funds initially
    allocated for each such account pursuant to subsection 653(a) of the
    Foreign Assistance Act of 1961 for fiscal year 2007 shall be made
    available for Cambodia, Philippines, Vietnam, Asia and Near East
    Regional, and Regional Development Mission/Asia: Provided, That for the
    purposes of this subsection, ``Global Health and Child Survival'' shall
    mean ``Child Survival and Health Programs Fund''.
        (b) Burma.--
                (1) The Secretary of the Treasury shall instruct the United
            States executive director to each appropriate international
            financial institution in which the United States participates,
            to oppose and vote against the extension by such institution
            any loan or financial or technical assistance or any other
            utilization of funds of the respective bank to and for Burma.
                (2) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'', not less than $13,000,000 shall be
            made available to support democracy activities in Burma, along
            the Burma-Thailand border, for activities of Burmese student
            groups and other organizations located outside Burma, and for
            the purpose of supporting the provision of humanitarian
            assistance to displaced Burmese along Burma's borders:
            Provided, That such funds may be made available notwithstanding
            any other provision of law: Provided further, That in addition
            to assistance for Burmese refugees provided under the heading
            ``Migration and Refugee Assistance'' in this Act, not less than
            $3,000,000 shall be made available for community-based
            organizations operating in Thailand to provide food, medical
            and other humanitarian assistance to internally displaced
            persons in eastern Burma: Provided further, That funds made
            available under this paragraph shall be subject to the regular
            notification procedures of the Committees on Appropriations.
        (c) Tibet.--
                (1) The Secretary of the Treasury should instruct the
            United States executive director to each international
            financial institution to use the voice and vote of the United
            States to support projects in Tibet if such projects do not
            provide incentives for the migration and settlement of non-
            Tibetans into Tibet or facilitate the transfer of ownership of
            Tibetan land and natural resources to non-Tibetans; are based
            on a thorough needs-assessment; foster self-sufficiency of the
            Tibetan people and respect Tibetan culture and traditions; and
            are subject to effective monitoring.
                (2) Notwithstanding any other provision of law, not less
            than $5,000,000 of the funds appropriated by this Act under the
            heading ``Economic Support Fund'' should be made available to
            nongovernmental organizations to support activities which
            preserve cultural traditions and promote sustainable
            development and environmental conservation in Tibetan
            communities in the Tibetan Autonomous Region and in other
            Tibetan communities in China, and not less than $250,000 should
            be made available to the National Endowment for Democracy for
            human rights and democracy programs relating to Tibet.

                     prohibition on publicity or propaganda

        Sec. 639. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes within the United States
    not authorized before the date of the enactment of this Act by the
    Congress: Provided, That not to exceed $25,000 may be made available to
    carry out the provisions of section 316 of Public Law 96-533.

               prohibition of payments to united nations members

        Sec. 640. None of the funds appropriated or made available pursuant
    to titles II through V of this Act for carrying out the Foreign
    Assistance Act of 1961, may be used to pay in whole or in part any
    assessments, arrearages, or dues of any member of the United Nations
    or, from funds appropriated by this Act to carry out chapter 1 of part
    I of the Foreign Assistance Act of 1961, the costs for participation of
    another country's delegation at international conferences held under
    the auspices of multilateral or international organizations.

                             requests for documents

        Sec. 641. None of the funds appropriated or made available pursuant
    to titles II through V of this Act shall be available to a
    nongovernmental organization, including any contractor, which fails to
    provide upon timely request any document, file, or record necessary to
    the auditing requirements of the United States Agency for International
    Development.

      prohibition on assistance to foreign governments that export lethal
       military equipment to countries supporting international terrorism

        Sec. 642. (a) None of the funds appropriated or otherwise made
    available by titles II through V of this Act may be available to any
    foreign government which provides lethal military equipment to a
    country the government of which the Secretary of State has determined
    is a terrorist government for purposes of section 6(j) of the Export
    Administration Act of 1979. The prohibition under this section with
    respect to a foreign government shall terminate 12 months after that
    government ceases to provide such military equipment. This section
    applies with respect to lethal military equipment provided under a
    contract entered into after October 1, 1997.
        (b) Assistance restricted by subsection (a) or any other similar
    provision of law, may be furnished if the President determines that
    furnishing such assistance is important to the national interests of
    the United States.
        (c) Whenever the President makes a determination pursuant to
    subsection (b), the President shall submit to the appropriate
    congressional committees a report with respect to the furnishing of
    such assistance. Any such report shall include a detailed explanation
    of the assistance to be provided, including the estimated dollar amount
    of such assistance, and an explanation of how the assistance furthers
    United States national interests.

      withholding of assistance for parking fines and real property taxes
                           owed by foreign countries

        Sec. 643. (a) Subject to subsection (c), of the funds appropriated
    under titles II through V by this Act that are made available for
    assistance for a foreign country, an amount equal to 110 percent of the
    total amount of the unpaid fully adjudicated parking fines and
    penalties and unpaid property taxes owed by the central government of
    such country shall be withheld from obligation for assistance for the
    central government of such country until the Secretary of State submits
    a certification to the Committees on Appropriations stating that such
    parking fines and penalties and unpaid property taxes are fully paid.
        (b) Funds withheld from obligation pursuant to subsection (a) may
    be made available for other programs or activities funded by this Act,
    after consultation with and subject to the regular notification
    procedures of the Committees on Appropriations, provided that no such
    funds shall be made available for assistance for the central government
    of a foreign country that has not paid the total amount of the fully
    adjudicated parking fines and penalties and unpaid property taxes owed
    by such country.
        (c) Subsection (a) shall not include amounts that have been
    withheld under any other provision of law.
        (d)(1) The Secretary of State may waive the requirements set forth
    in subsection (a) with respect to parking fines and penalties no sooner
    than 60 days from the date of enactment of this Act, or at any time
    with respect to a particular country, if the Secretary determines that
    it is in the national interests of the United States to do so.
        (2) The Secretary of State may waive the requirements set forth in
    subsection (a) with respect to the unpaid property taxes if the
    Secretary of State determines that it is in the national interests of
    the United States to do so.
        (e) Not later than 6 months after the initial exercise of the
    waiver authority in subsection (d), the Secretary of State, after
    consultations with the City of New York, shall submit a report to the
    Committees on Appropriations describing a strategy, including a
    timetable and steps currently being taken, to collect the parking fines
    and penalties and unpaid property taxes and interest owed by nations
    receiving foreign assistance under this Act.
        (f) In this section:
                (1) The term ``fully adjudicated'' includes circumstances
            in which the person to whom the vehicle is registered--
                        (A)(i) has not responded to the parking violation
                    summons; or
                        (ii) has not followed the appropriate adjudication
                    procedure to challenge the summons; and
                        (B) the period of time for payment of or challenge
                    to the summons has lapsed.
                (2) The term ``parking fines and penalties'' means parking
            fines and penalties--
                        (A) owed to--
                                (i) the District of Columbia; or
                                (ii) New York, New York; and
                        (B) incurred during the period April 1, 1997,
                    through September 30, 2007.
                (3) The term ``unpaid property taxes'' means the amount of
            unpaid taxes and interest determined to be owed by a foreign
            country on real property in the District of Columbia or New
            York, New York in a court order or judgment entered against
            such country by a court of the United States or any State or
            subdivision thereof.

        limitation on assistance for the plo for the west bank and gaza

        Sec. 644. None of the funds appropriated under titles II through V
    of this Act may be obligated for assistance for the Palestine
    Liberation Organization for the West Bank and Gaza unless the President
    has exercised the authority under section 604(a) of the Middle East
    Peace Facilitation Act of 1995 (title VI of Public Law 104-107) or any
    other legislation to suspend or make inapplicable section 307 of the
    Foreign Assistance Act of 1961 and that suspension is still in effect:
    Provided, That if the President fails to make the certification under
    section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
    to suspend the prohibition under other legislation, funds appropriated
    by this Act may not be obligated for assistance for the Palestine
    Liberation Organization for the West Bank and Gaza.

                         war crimes tribunals drawdown

        Sec. 645. If the President determines that doing so will contribute
    to a just resolution of charges regarding genocide or other violations
    of international humanitarian law, the President may direct a drawdown
    pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up
    to $30,000,000 of commodities and services for the United Nations War
    Crimes Tribunal established with regard to the former Yugoslavia by the
    United Nations Security Council or such other tribunals or commissions
    as the Council may establish or authorize to deal with such violations,
    without regard to the ceiling limitation contained in paragraph (2)
    thereof: Provided, That the determination required under this section
    shall be in lieu of any determinations otherwise required under section
    552(c): Provided further, That funds made available for tribunals other
    than Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be
    made available subject to the regular notification procedures of the
    Committees on Appropriations.

                        landmines and cluster munitions

        Sec. 646. (a) Landmines.--Notwithstanding any other provision of
    law, demining equipment available to the United States Agency for
    International Development and the Department of State and used in
    support of the clearance of landmines and unexploded ordnance for
    humanitarian purposes may be disposed of on a grant basis in foreign
    countries, subject to such terms and conditions as the President may
    prescribe.
        (b) Cluster Munitions.--During the current fiscal year, no military
    assistance shall be furnished for cluster munitions, no defense export
    license for cluster munitions may be issued, and no cluster munitions
    or cluster munitions technology shall be sold or transferred, unless--
                (1) the submunitions of the cluster munitions have a 99
            percent or higher tested rate; and
                (2) the agreement applicable to the assistance, transfer,
            or sale of the cluster munitions or cluster munitions
            technology specifies that the cluster munitions will only be
            used against clearly defined military targets and will not be
            used where civilians are known to be present.

               restrictions concerning the palestinian authority

        Sec. 647. None of the funds appropriated under titles II through V
    of this Act may be obligated or expended to create in any part of
    Jerusalem a new office of any department or agency of the United States
    Government for the purpose of conducting official United States
    Government business with the Palestinian Authority over Gaza and
    Jericho or any successor Palestinian governing entity provided for in
    the Israel-PLO Declaration of Principles: Provided, That this
    restriction shall not apply to the acquisition of additional space for
    the existing Consulate General in Jerusalem: Provided further, That
    meetings between officers and employees of the United States and
    officials of the Palestinian Authority, or any successor Palestinian
    governing entity provided for in the Israel-PLO Declaration of
    Principles, for the purpose of conducting official United States
    Government business with such authority should continue to take place
    in locations other than Jerusalem. As has been true in the past,
    officers and employees of the United States Government may continue to
    meet in Jerusalem on other subjects with Palestinians (including those
    who now occupy positions in the Palestinian Authority), have social
    contacts, and have incidental discussions.

                   prohibition of payment of certain expenses

        Sec. 648. None of the funds appropriated or otherwise made
    available under titles III or IV of this Act under the heading
    ``International Military Education and Training'' or ``Foreign Military
    Financing Program'' for Informational Program activities or under the
    headings ``Global Health and Child Survival'', ``Development
    Assistance'', and ``Economic Support Fund'' may be obligated or
    expended to pay for--
                (1) alcoholic beverages; or
                (2) entertainment expenses for activities that are
            substantially of a recreational character, including but not
            limited to entrance fees at sporting events, theatrical and
            musical productions, and amusement parks.

                                    colombia

        Sec. 649. (a) Assistance for Colombia.--Of the funds appropriated
    in titles III and IV of this Act, not more than $545,608,000 shall be
    available for assistance for Colombia.
        (b) Funding Amounts and Notification.--Funds appropriated by this
    Act that are available for assistance for Colombia shall be made
    available in the amounts indicated in the table in the accompanying
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act) and any proposed increases or
    decreases to the amounts contained in such table shall be subject to
    the regular notification procedures of the Committees on
    Appropriations.
        (c) Assistance for the Colombian Armed Forces.--
                (1) Funding.--Funds appropriated by this Act that are
            available for assistance for the Colombian Armed Forces, may be
            made available as follows:
                        (A) Up to 70 percent of such funds may be obligated
                    prior to the certification and report by the Secretary
                    of State pursuant to subparagraph (B).
                        (B) Up to 15 percent of such funds may be obligated
                    only after the Secretary of State consults with, and
                    subsequently certifies and submits a written report to,
                    the Committees on Appropriations that the Government of
                    Colombia is meeting the requirements described in
                    paragraph (2).
                (2) Requirements.--The requirements referred to in
            paragraph (1) are as follows:
                        (A) The Commander General of the Colombian Armed
                    Forces is suspending or placing on administrative duty,
                    if requested by the prosecutor, those members of the
                    Armed Forces, of whatever rank, who, according to the
                    Minister of Defense, the Attorney General or the
                    Procuraduria General de la Nacion, have been credibly
                    alleged to have committed gross violations of human
                    rights, including extra-judicial killings, or to have
                    aided or abetted paramilitary organizations or
                    successor armed groups.
                        (B) The Government of Colombia is investigating and
                    prosecuting, in the civilian justice system, those
                    members of the Colombian Armed Forces, of whatever
                    rank, who have been credibly alleged to have committed
                    gross violations of human rights, including extra-
                    judicial killings, or to have aided or abetted
                    paramilitary organizations or successor armed groups.
                        (C) The Colombian Armed Forces are cooperating
                    fully with civilian prosecutors and judicial
                    authorities in such cases (including providing
                    requested information, such as the identity of persons
                    suspended from the Armed Forces and the nature and
                    cause of the suspension, and access to witnesses,
                    relevant military documents, and other requested
                    information).
                        (D) The Colombian Armed Forces have taken all
                    necessary steps to sever links (including denying
                    access to military intelligence, vehicles, and other
                    equipment or supplies, and ceasing other forms of
                    active or tacit cooperation) at all levels, with
                    paramilitary organizations or successor armed groups,
                    especially in regions where such organizations have a
                    significant presence.
                        (E) The Government of Colombia is dismantling
                    paramilitary leadership and financial networks by
                    arresting and prosecuting under civilian criminal law
                    individuals who have provided financial, planning, or
                    logistical support, or have otherwise aided or abetted
                    paramilitary organizations or successor armed groups;
                    by identifying and seizing land and other assets
                    illegally acquired by such organizations or their
                    associates and returning such land or assets to their
                    rightful occupants or owners; by revoking reduced
                    sentences for demobilized paramilitaries who engage in
                    new criminal activity; and by arresting and prosecuting
                    under civilian criminal law, and when requested,
                    promptly extraditing to the United States members of
                    successor armed groups.
                        (F) The Government of Colombia is ensuring that the
                    Colombian Armed Forces are not violating the land and
                    property rights of Colombia's indigenous and Afro-
                    Colombian communities, and that the Colombian Armed
                    Forces are implementing procedures to distinguish
                    between civilians, including displaced persons, and
                    combatants in their operations.
                (3) The balance of such funds may be obligated after July
            31, 2008, if, before such date, the Secretary of State consults
            with, and submits a written certification to, the Committees on
            Appropriations that the Colombian Armed Forces are continuing
            to meet the requirements described in paragraph (2) and are
            conducting vigorous operations to restore civilian government
            authority and respect for human rights in areas under the
            effective control of paramilitary organizations or successor
            armed groups and guerrilla organizations.
                (4) Certain funds exempted.--The requirement to withhold
            funds from obligation shall not apply with respect to funds
            made available under the heading ``Andean Counterdrug
            Programs'' for continued support for the Critical Flight Safety
            Program or for any alternative development programs in Colombia
            administered by the Bureau of International Narcotics and Law
            Enforcement Affairs of the Department of State.
                (5) Report.--At the time the Secretary of State submits
            certifications pursuant to paragraphs (1)(B) and (3) of this
            subsection, the Secretary shall also submit to the Committees
            on Appropriations a report that contains, with respect to each
            such paragraph, a detailed description of the specific actions
            taken by both the Colombian Government and Colombian Armed
            Forces which support each requirement of the certification, and
            the cases or issues brought to the attention of the Secretary,
            including through the Department of State's annual Country
            Reports on Human Rights Practices, for which the actions taken
            by the Colombian Government or Armed Forces have been
            determined by the Secretary of State to be inadequate.
        (d) Consultative Process.--Not later than 60 days after the date of
    enactment of this Act, and every 90 days thereafter until September 30,
    2008, the Secretary of State shall consult with Colombian and
    internationally recognized human rights organizations regarding
    progress in meeting the requirements contained in subsection (c)(2).
        (e) Assistance for Demobilization and Disarmament of Former
    Combatants in Colombia.--
                (1) Availability of funds.--Of the funds appropriated in
            this Act under the heading ``Economic Support Fund'', up to
            $11,442,000 may be made available in fiscal year 2008 for
            assistance for the disarmament, demobilization and
            reintegration of former members of foreign terrorist
            organizations (FTOs) in Colombia, if the Secretary of State
            consults with and makes a certification described in paragraph
            (2) to the Committees on Appropriations prior to the initial
            obligation of amounts for such assistance for the fiscal year
            involved.
                (2) Certification.--A certification described in this
            subsection is a certification that--
                        (A) assistance for the fiscal year will be provided
                    only for individuals who have: (i) verifiably renounced
                    and terminated any affiliation or involvement with FTOs
                    or other illegal armed groups; (ii) are meeting all the
                    requirements of the Colombia demobilization program,
                    including having disclosed their involvement in past
                    crimes and their knowledge of the FTO's structure,
                    financing sources, illegal assets, and the location of
                    kidnapping victims and bodies of the disappeared; and
                    (iii) are not involved in acts of intimidation or
                    violence;
                        (B) the Government of Colombia is providing full
                    cooperation to the Government of the United States to
                    extradite the leaders and members of the FTOs who have
                    been indicted in the United States for murder,
                    kidnapping, narcotics trafficking, or other violations
                    of United States law, and is extraditing to the United
                    States those commanders, leaders and members indicted
                    in the United States who have breached the terms of the
                    Colombian demobilization program, including by failing
                    to fully confess their crimes, failing to disclose
                    their illegal assets, or committing new crimes since
                    the approval of the Justice and Peace Law;
                        (C) the Government of Colombia is not knowingly
                    taking any steps to legalize the titles of land or
                    other assets illegally obtained and held by FTOs, their
                    associates, or successors, has established effective
                    procedures to identify such land and other assets, and
                    is seizing and returning such land and other assets to
                    their rightful occupants or owners;
                        (D) the Government of Colombia is implementing a
                    concrete and workable framework for dismantling the
                    organizational structures of foreign terrorist
                    organizations; and
                        (E) funds shall not be made available as cash
                    payments to individuals and are available only for
                    activities under the following categories:
                    verification, reintegration (including training and
                    education), vetting, recovery of assets for reparations
                    for victims, and investigations and prosecutions.
        (f) Illegal Armed Groups.--
                (1) Denial of visas to supporters of colombian illegal
            armed groups.--Subject to paragraph (2), the Secretary of State
            shall not issue a visa to any alien who the Secretary
            determines, based on credible evidence--
                        (A) has willfully provided any support to the
                    Revolutionary Armed Forces of Colombia (FARC), the
                    National Liberation Army (ELN), the United Self-Defense
                    Forces of Colombia (AUC), or successor armed groups,
                    including taking actions or failing to take actions
                    which allow, facilitate, or otherwise foster the
                    activities of such groups; or
                        (B) has committed, ordered, incited, assisted, or
                    otherwise participated in the commission of a gross
                    violation of human rights, including extra-judicial
                    killings, in Colombia.
                (2) Waiver.--Paragraph (1) shall not apply if the Secretary
            of State certifies to the Committees on Appropriations, on a
            case-by-case basis, that the issuance of a visa to the alien is
            necessary to support the peace process in Colombia or for
            urgent humanitarian reasons.
        (g) Definitions.--In this section:
                (1) Aided or abetted.--The term ``aided or abetted'' means
            to provide any support to paramilitary or successor armed
            groups, including taking actions which allow, facilitate, or
            otherwise foster the activities of such groups.
                (2) Paramilitary groups.--The term ``paramilitary groups''
            means illegal self-defense groups and illegal security
            cooperatives, including those groups and cooperatives that have
            formerly demobilized but continue illegal operations, as well
            as parts thereof.
                (3) Foreign terrorist organization.--The term ``foreign
            terrorist organization'' means an organization designated as a
            terrorist organization under section 219 of the Immigration and
            Nationality Act.

             limitation on assistance to the palestinian authority

        Sec. 650. (a) Prohibition of Funds.--None of the funds appropriated
    by this Act to carry out the provisions of chapter 4 of part II of the
    Foreign Assistance Act of 1961 may be obligated or expended with
    respect to providing funds to the Palestinian Authority.
        (b) Waiver.--The prohibition included in subsection (a) shall not
    apply if the President certifies in writing to the Speaker of the House
    of Representatives, the President pro tempore of the Senate, and the
    Committees on Appropriations that waiving such prohibition is important
    to the national security interests of the United States.
        (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (d) Report.--Whenever the waiver authority pursuant to subsection
    (b) is exercised, the President shall submit a report to the Committees
    on Appropriations detailing the justification for the waiver, the
    purposes for which the funds will be spent, and the accounting
    procedures in place to ensure that the funds are properly disbursed.
    The report shall also detail the steps the Palestinian Authority has
    taken to arrest terrorists, confiscate weapons and dismantle the
    terrorist infrastructure.

                  limitation on assistance to security forces

        Sec. 651. Chapter 1 of part III of the Foreign Assistance Act of
    1961 is amended by adding the following section:

    ``SEC. 620J. LIMITATION ON ASSISTANCE TO SECURITY FORCES.

        ``(a) In General.--No assistance shall be furnished under this Act
    or the Arms Export Control Act to any unit of the security forces of a
    foreign country if the Secretary of State has credible evidence that
    such unit has committed gross violations of human rights.
        ``(b) Exception.--The prohibition in subsection (a) shall not apply
    if the Secretary determines and reports to the Committee on Foreign
    Relations of the Senate, the Committee on Foreign Affairs of the House
    of Representatives, and the Committees on Appropriations that the
    government of such country is taking effective measures to bring the
    responsible members of the security forces unit to justice.
        ``(c) Duty to Inform.--In the event that funds are withheld from
    any unit pursuant to this section, the Secretary of State shall
    promptly inform the foreign government of the basis for such action and
    shall, to the maximum extent practicable, assist the foreign government
    in taking effective measures to bring the responsible members of the
    security forces to justice.''.

                        foreign military training report

        Sec. 652. The annual foreign military training report required by
    section 656 of the Foreign Assistance Act of 1961 shall be submitted by
    the Secretary of Defense and the Secretary of State to the Committees
    on Appropriations by the date specified in that section.

                           authorization requirement

        Sec. 653. Funds appropriated by this Act, except funds appropriated
    under the headings ``Trade and Development Agency'' and ``Overseas
    Private Investment Corporation'', may be obligated and expended
    notwithstanding section 10 of Public Law 91-672 and section 15 of the
    State Department Basic Authorities Act of 1956.

                                     libya

        Sec. 654. (a) None of the funds appropriated or otherwise made
    available by this Act shall be obligated or expended to finance
    directly any assistance for Libya.
        (b) The prohibition of subsection (a) shall no longer apply if the
    Secretary of State certifies to the Committees on Appropriations that
    the Government of Libya has made the final settlement payments to the
    Pan Am 103 victims' families, paid to the LaBelle Disco bombing victims
    the agreed upon settlement amounts, and is engaging in good faith
    settlement discussions regarding other relevant terrorism cases.
        (c) Not later than 180 days after enactment of this Act, the
    Secretary shall submit a report to the Committees on Appropriations
    describing (1) actions taken by the Department of State to facilitate a
    resolution of these cases; and (2) United States commercial activities
    in Libya's energy sector.

                             palestinian statehood

        Sec. 655. (a) Limitation on Assistance.--None of the funds
    appropriated under titles II through V of this Act may be provided to
    support a Palestinian state unless the Secretary of State determines
    and certifies to the appropriate congressional committees that--
                (1) the governing entity of a new Palestinian state--
                        (A) has demonstrated a firm commitment to peaceful
                    co-existence with the State of Israel;
                        (B) is taking appropriate measures to counter
                    terrorism and terrorist financing in the West Bank and
                    Gaza, including the dismantling of terrorist
                    infrastructures, and is cooperating with appropriate
                    Israeli and other appropriate security organizations;
                    and
                (2) the Palestinian Authority (or the governing entity of a
            new Palestinian state) is working with other countries in the
            region to vigorously pursue efforts to establish a just,
            lasting, and comprehensive peace in the Middle East that will
            enable Israel and an independent Palestinian state to exist
            within the context of full and normal relationships, which
            should include--
                        (A) termination of all claims or states of
                    belligerency;
                        (B) respect for and acknowledgement of the
                    sovereignty, territorial integrity, and political
                    independence of every state in the area through
                    measures including the establishment of demilitarized
                    zones;
                        (C) their right to live in peace within secure and
                    recognized boundaries free from threats or acts of
                    force;
                        (D) freedom of navigation through international
                    waterways in the area; and
                        (E) a framework for achieving a just settlement of
                    the refugee problem.
        (b) Sense of Congress.--It is the sense of Congress that the
    governing entity should enact a constitution assuring the rule of law,
    an independent judiciary, and respect for human rights for its
    citizens, and should enact other laws and regulations assuring
    transparent and accountable governance.
        (c) Waiver.--The President may waive subsection (a) if he
    determines that it is important to the national security interests of
    the United States to do so.
        (d) Exemption.--The restriction in subsection (a) shall not apply
    to assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or the governing entity, in order to help meet
    the requirements of subsection (a), consistent with the provisions of
    section 650 of this Act (``Limitation on Assistance to the Palestinian
    Authority'').

     prohibition on assistance to the palestinian broadcasting corporation

        Sec. 656. None of the funds appropriated or otherwise made
    available by this Act may be used to provide equipment, technical
    support, consulting services, or any other form of assistance to the
    Palestinian Broadcasting Corporation.

                         west bank and gaza assistance

        Sec. 657. (a) Oversight.--For fiscal year 2008, 30 days prior to
    the initial obligation of funds for the bilateral West Bank and Gaza
    Program, the Secretary of State shall certify to the Committees on
    Appropriations that procedures have been established to assure the
    Comptroller General of the United States will have access to
    appropriate United States financial information in order to review the
    uses of United States assistance for the Program funded under the
    heading ``Economic Support Fund'' for the West Bank and Gaza.
        (b) Vetting.--Prior to the obligation of funds appropriated by this
    Act under the heading ``Economic Support Fund'' for assistance for the
    West Bank and Gaza, the Secretary of State shall take all appropriate
    steps to ensure that such assistance is not provided to or through any
    individual, private or government entity, or educational institution
    that the Secretary knows or has reason to believe advocates, plans,
    sponsors, engages in, or has engaged in, terrorist activity nor, with
    respect to private entities or educational institutions, those that
    have as a principal officer of the entity's governing board or
    governing board of trustees any individual that has been determined to
    be involved in, or advocating terrorist activity or determined to be a
    member of a designated foreign terrorist organization. The Secretary of
    State shall, as appropriate, establish procedures specifying the steps
    to be taken in carrying out this subsection and shall terminate
    assistance to any individual, entity, or educational institution which
    she has determined to be involved in or advocating terrorist activity.
        (c) Prohibition.--
                (1) None of the funds appropriated under titles II through
            V of this Act for assistance under the West Bank and Gaza
            program may be made available for the purpose of recognizing or
            otherwise honoring individuals who commit, or have committed
            acts of terrorism.
                (2) Notwithstanding any other provision of law, none of the
            funds made available by this or prior appropriations act,
            including funds made available by transfer, may be made
            available for obligation for security assistance for the West
            Bank and Gaza until the Secretary of State reports to the
            Committees on Appropriations on the benchmarks that have been
            established for security assistance for the West Bank and Gaza
            and reports on the extent of Palestinian compliance with such
            benchmarks.
        (d) Audits.--
                (1) The Administrator of the United States Agency for
            International Development shall ensure that Federal or non-
            Federal audits of all contractors and grantees, and significant
            subcontractors and sub-grantees, under the West Bank and Gaza
            Program, are conducted at least on an annual basis to ensure,
            among other things, compliance with this section.
                (2) Of the funds appropriated by this Act up to $500,000
            may be used by the Office of the Inspector General of the
            United States Agency for International Development for audits,
            inspections, and other activities in furtherance of the
            requirements of this subsection. Such funds are in addition to
            funds otherwise available for such purposes.
        (e) Subsequent to the certification specified in subsection (a),
    the Comptroller General of the United States shall conduct an audit and
    an investigation of the treatment, handling, and uses of all funds for
    the bilateral West Bank and Gaza Program in fiscal year 2008 under the
    heading ``Economic Support Fund''. The audit shall address--
                (1) the extent to which such Program complies with the
            requirements of subsections (b) and (c), and
                (2) an examination of all programs, projects, and
            activities carried out under such Program, including both
            obligations and expenditures.
        (f) Not later than 180 days after enactment of this Act, the
    Secretary of State shall submit a report to the Committees on
    Appropriations updating the report contained in section 2106 of chapter
    2 of title II of Public Law 109-13.

                                 war criminals

        Sec. 658. (a)(1) None of the funds appropriated or otherwise made
    available under titles II through V of this Act may be made available
    for assistance, and the Secretary of the Treasury shall instruct the
    United States Executive Director at each international financial
    institution to vote against any new project involving the extension by
    such institutions of any financial or technical assistance, to any
    country, entity, or municipality whose competent authorities have
    failed, as determined by the Secretary of State, to take necessary and
    significant steps to implement its international legal obligations to
    apprehend and transfer to the International Criminal Tribunal for the
    former Yugoslavia (the ``Tribunal'') all persons in their territory who
    have been indicted by the Tribunal and to otherwise cooperate with the
    Tribunal.
        (2) The provisions of this subsection shall not apply to
    humanitarian assistance or assistance for democratization.
        (b) The provisions of subsection (a) shall apply unless the
    Secretary of State determines and reports to the appropriate
    congressional committees that the competent authorities of such
    country, entity, or municipality are--
                (1) cooperating with the Tribunal, including access for
            investigators to archives and witnesses, the provision of
            documents, and the surrender and transfer of indictees or
            assistance in their apprehension; and
                (2) are acting consistently with the Dayton Accords.
        (c) Not less than 10 days before any vote in an international
    financial institution regarding the extension of any new project
    involving financial or technical assistance or grants to any country or
    entity described in subsection (a), the Secretary of the Treasury, in
    consultation with the Secretary of State, shall provide to the
    Committees on Appropriations a written justification for the proposed
    assistance, including an explanation of the United States position
    regarding any such vote, as well as a description of the location of
    the proposed assistance by municipality, its purpose, and its intended
    beneficiaries.
        (d) In carrying out this section, the Secretary of State, the
    Administrator of the United States Agency for International
    Development, and the Secretary of the Treasury shall consult with
    representatives of human rights organizations and all government
    agencies with relevant information to help prevent indicted war
    criminals from benefiting from any financial or technical assistance or
    grants provided to any country or entity described in subsection (a).
        (e) The Secretary of State may waive the application of subsection
    (a) with respect to projects within a country, entity, or municipality
    upon a written determination to the Committees on Appropriations that
    such assistance directly supports the implementation of the Dayton
    Accords.
        (f) Definitions.--As used in this section:
                (1) Country.--The term ``country'' means Bosnia and
            Herzegovina, Croatia and Serbia.
                (2) Entity.--The term ``entity'' refers to the Federation
            of Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
            Srpska.
                (3) Municipality.--The term ``municipality'' means a city,
            town or other subdivision within a country or entity as defined
            herein.
                (4) Dayton accords.--The term ``Dayton Accords'' means the
            General Framework Agreement for Peace in Bosnia and
            Herzegovina, together with annexes relating thereto, done at
            Dayton, November 10 through 16, 1995.

                                   user fees

        Sec. 659. The Secretary of the Treasury shall instruct the United
    States Executive Director at each international financial institution
    (as defined in section 1701(c)(2) of the International Financial
    Institutions Act) and the International Monetary Fund to oppose any
    loan, grant, strategy or policy of these institutions that would
    require user fees or service charges on poor people for primary
    education or primary healthcare, including prevention, care and
    treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and
    maternal well-being, in connection with the institutions' financing
    programs.

               contribution to the united nations population fund

        Sec. 660. (a) Limitations on Amount of Contribution.--Of the
    amounts made available under ``International Organizations and
    Programs'' and ``Global Health and Child Survival'' accounts for fiscal
    year 2008, $40,000,000 shall be made available for the United Nations
    Population Fund (UNFPA): Provided, That of this amount, not less than
    $7,000,000 shall be derived from funds appropriated under the heading
    ``International Organizations and Programs''.
        (b) Availability of Funds.--Funds appropriated under the heading
    ``International Organizations and Programs'' in this Act that are
    available for UNFPA, that are not made available for UNFPA because of
    the operation of any provision of law, shall be transferred to the
    ``Global Health and Child Survival'' account and shall be made
    available for family planning, maternal, and reproductive health
    activities, subject to the regular notification procedures of the
    Committees on Appropriations.
        (c) Prohibition on Use of Funds in China.--None of the funds made
    available under this Act may be used by UNFPA for a country program in
    the People's Republic of China.
        (d) Conditions on Availability of Funds.--Amounts made available
    under this Act for UNFPA may not be made available to UNFPA unless--
                (1) UNFPA maintains amounts made available to UNFPA under
            this section in an account separate from other accounts of
            UNFPA;
                (2) UNFPA does not commingle amounts made available to
            UNFPA under this section with other sums; and
                (3) UNFPA does not fund abortions.
        (e) Report to Congress and Dollar-for-Dollar Withholding of
    Funds.--
                (1) Not later than 4 months after the date of enactment of
            this Act, the Secretary of State shall submit a report to the
            Committees on Appropriations indicating the amount of funds
            that the UNFPA is budgeting for the year in which the report is
            submitted for a country program in the People's Republic of
            China.
                (2) If a report under paragraph (1) indicates that the
            UNFPA plans to spend funds for a country program in the
            People's Republic of China in the year covered by the report,
            then the amount of such funds that the UNFPA plans to spend in
            the People's Republic of China shall be deducted from the funds
            made available to the UNFPA after March 1 for obligation for
            the remainder of the fiscal year in which the report is
            submitted.
        (f) Nothing in this section shall be construed to limit the
    authority of the President to deny funds to any organization by reason
    of the application of another provision of this Act or any other
    provision of law.

                       community-based police assistance

        Sec. 661. (a) Authority.--Funds made available by title III of this
    Act to carry out the provisions of chapter 1 of part I and chapter 4 of
    part II of the Foreign Assistance Act of 1961, may be used,
    notwithstanding section 660 of that Act, to enhance the effectiveness
    and accountability of civilian police authority through training and
    technical assistance in human rights, the rule of law, strategic
    planning, and through assistance to foster civilian police roles that
    support democratic governance including assistance for programs to
    prevent conflict, respond to disasters, address gender-based violence,
    and foster improved police relations with the communities they serve.
        (b) Notification.--Assistance provided under subsection (a) shall
    be subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.

                      special debt relief for the poorest

        Sec. 662. (a) Authority to Reduce Debt.--The President may reduce
    amounts owed to the United States (or any agency of the United States)
    by an eligible country as a result of--
                (1) guarantees issued under sections 221 and 222 of the
            Foreign Assistance Act of 1961;
                (2) credits extended or guarantees issued under the Arms
            Export Control Act; or
                (3) any obligation or portion of such obligation, to pay
            for purchases of United States agricultural commodities
            guaranteed by the Commodity Credit Corporation under export
            credit guarantee programs authorized pursuant to section 5(f)
            of the Commodity Credit Corporation Charter Act of June 29,
            1948, as amended, section 4(b) of the Food for Peace Act of
            1966, as amended (Public Law 89-808), or section 202 of the
            Agricultural Trade Act of 1978, as amended (Public Law 95-501).
        (b) Limitations.--
                (1) The authority provided by subsection (a) may be
            exercised only to implement multilateral official debt relief
            and referendum agreements, commonly referred to as ``Paris Club
            Agreed Minutes''.
                (2) The authority provided by subsection (a) may be
            exercised only in such amounts or to such extent as is provided
            in advance by appropriations Acts.
                (3) The authority provided by subsection (a) may be
            exercised only with respect to countries with heavy debt
            burdens that are eligible to borrow from the International
            Development Association, but not from the International Bank
            for Reconstruction and Development, commonly referred to as
            ``IDA-only'' countries.
        (c) Conditions.--The authority provided by subsection (a) may be
    exercised only with respect to a country whose government--
                (1) does not have an excessive level of military
            expenditures;
                (2) has not repeatedly provided support for acts of
            international terrorism;
                (3) is not failing to cooperate on international narcotics
            control matters;
                (4) (including its military or other security forces) does
            not engage in a consistent pattern of gross violations of
            internationally recognized human rights; and
                (5) is not ineligible for assistance because of the
            application of section 527 of the Foreign Relations
            Authorization Act, Fiscal Years 1994 and 1995.
        (d) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to the funds appropriated by this Act
    under the heading ``Debt Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt
    pursuant to subsection (a) shall not be considered assistance for the
    purposes of any provision of law limiting assistance to a country. The
    authority provided by subsection (a) may be exercised notwithstanding
    section 620(r) of the Foreign Assistance Act of 1961 or section 321 of
    the International Development and Food Assistance Act of 1975.

                 authority to engage in debt buybacks or sales

        Sec. 663. (a) Loans Eligible for Sale, Reduction, or
    Cancellation.--
                (1) Authority to sell, reduce, or cancel certain loans.--
            Notwithstanding any other provision of law, the President may,
            in accordance with this section, sell to any eligible purchaser
            any concessional loan or portion thereof made before January 1,
            1995, pursuant to the Foreign Assistance Act of 1961, to the
            government of any eligible country as defined in section 702(6)
            of that Act or on receipt of payment from an eligible
            purchaser, reduce or cancel such loan or portion thereof, only
            for the purpose of facilitating--
                        (A) debt-for-equity swaps, debt-for-development
                    swaps, or debt-for-nature swaps; or
                        (B) a debt buyback by an eligible country of its
                    own qualified debt, only if the eligible country uses
                    an additional amount of the local currency of the
                    eligible country, equal to not less than 40 percent of
                    the price paid for such debt by such eligible country,
                    or the difference between the price paid for such debt
                    and the face value of such debt, to support activities
                    that link conservation and sustainable use of natural
                    resources with local community development, and child
                    survival and other child development, in a manner
                    consistent with sections 707 through 710 of the Foreign
                    Assistance Act of 1961, if the sale, reduction, or
                    cancellation would not contravene any term or condition
                    of any prior agreement relating to such loan.
                (2) Terms and conditions.--Notwithstanding any other
            provision of law, the President shall, in accordance with this
            section, establish the terms and conditions under which loans
            may be sold, reduced, or canceled pursuant to this section.
                (3) Administration.--The Facility, as defined in section
            702(8) of the Foreign Assistance Act of 1961, shall notify the
            administrator of the agency primarily responsible for
            administering part I of the Foreign Assistance Act of 1961 of
            purchasers that the President has determined to be eligible,
            and shall direct such agency to carry out the sale, reduction,
            or cancellation of a loan pursuant to this section. Such agency
            shall make adjustment in its accounts to reflect the sale,
            reduction, or cancellation.
                (4) Limitation.--The authorities of this subsection shall
            be available only to the extent that appropriations for the
            cost of the modification, as defined in section 502 of the
            Congressional Budget Act of 1974, are made in advance.
        (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
    cancellation of any loan sold, reduced, or canceled pursuant to this
    section shall be deposited in the United States Government account or
    accounts established for the repayment of such loan.
        (c) Eligible Purchasers.--A loan may be sold pursuant to subsection
    (a)(1)(A) only to a purchaser who presents plans satisfactory to the
    President for using the loan for the purpose of engaging in debt-for-
    equity swaps, debt-for-development swaps, or debt-for-nature swaps.
        (d) Debtor Consultations.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this section,
    of any loan made to an eligible country, the President should consult
    with the country concerning the amount of loans to be sold, reduced, or
    canceled and their uses for debt-for-equity swaps, debt-for-development
    swaps, or debt-for-nature swaps.
        (e) Availability of Funds.--The authority provided by subsection
    (a) may be used only with regard to funds appropriated by this Act
    under the heading ``Debt Restructuring''.

                                basic education

        Sec. 664. (a) In General.--Of the funds appropriated by title III
    of this Act, not less than $700,000,000 shall be made available for
    assistance for developing countries for basic education, of which not
    less than $190,000,000 shall be provided and implemented in countries
    that have an approved national education plan.
        (b) Coordinator.--There shall be established within the Department
    of State in the immediate office of the Director of United States
    Foreign Assistance, a Coordinator of United States Government
    activities to provide basic education assistance in developing
    countries (hereinafter in this section referred to as the
    ``Coordinator'').
        (c) Responsibilities.--That the Coordinator shall have primary
    responsibility for the oversight and coordination of all resources and
    international activities of the United States Government that provide
    assistance in developing countries for basic education. The individual
    serving as the Coordinator may not hold any other position in the
    Federal Government during the individual's time of service as
    Coordinator.
        (d) Strategy.--The President shall develop a comprehensive
    integrated United States Government strategy to provide assistance in
    developing countries for basic education within 90 days of enactment of
    this Act.
        (e) Report to Congress.--Not later than September 30, 2008, the
    Secretary of State shall report to the Committees on Appropriations on
    the implementation of United States Government assistance programs in
    developing countries for basic education.
        (f) Funds appropriated by title II of Public Law 109-102 and
    provided to the Comptroller General pursuant to section 567 of that Act
    shall be available until expended and are also available to the
    Comptroller General to conduct further evaluations of basic education
    programs in developing countries under the direction of the Committees
    on Appropriations.

                            reconciliation programs

        Sec. 665. Of the funds appropriated by title III of this Act under
    the heading ``Economic Support Fund'', $16,000,000 shall be made
    available to support reconciliation programs which bring together
    individuals of different ethnic, religious and political backgrounds
    from areas of civil conflict and war, and an additional $9,000,000
    shall be made available to support programs in the Middle East:
    Provided, That the Administrator of the United States Agency for
    International Development shall consult with the Committees on
    Appropriations, prior to the initial obligation of funds, on the most
    effective uses of such funds.

                                     sudan

        Sec. 666. (a) Limitation on Assistance.--Subject to subsection (b):
                (1) Notwithstanding any other provision of law, none of the
            funds appropriated by this Act may be made available for
            assistance for the Government of Sudan.
                (2) None of the funds appropriated by this Act may be made
            available for the cost, as defined in section 502, of the
            Congressional Budget Act of 1974, of modifying loans and loan
            guarantees held by the Government of Sudan, including the cost
            of selling, reducing, or canceling amounts owed to the United
            States, and modifying concessional loans, guarantees, and
            credit agreements.
        (b) Subsection (a) shall not apply if the Secretary of State
    determines and certifies to the Committees on Appropriations that:
                (1) The Government of Sudan honors its pledges to cease
            attacks upon civilians and disarms and demobilizes the
            Janjaweed and other government-supported militias.
                (2) The Government of Sudan and all government-supported
            militia groups are honoring their commitments made in all
            previous cease-fire agreements.
                (3) The Government of Sudan is allowing unimpeded access to
            Darfur to humanitarian aid organizations, the human rights
            investigation and humanitarian teams of the United Nations,
            including protection officers, and an international monitoring
            team that is based in Darfur and has the support of the United
            States.
        (c) Exceptions.--The provisions of subsection (a) shall not apply
    to--
                (1) humanitarian assistance;
                (2) assistance for the Darfur region, Southern Sudan,
            Southern Kordofan/Nuba Mountains State, Blue Nile State, and
            Abyei; and
                (3) assistance to support implementation of the
            Comprehensive Peace Agreement and the Darfur Peace Agreement or
            any other internationally-recognized viable peace agreement in
            Sudan.
        (d) Definitions.--For the purposes of this Act, the term
    ``Government of Sudan'' shall not include the Government of Southern
    Sudan.
        (e) Notwithstanding any other law, assistance in this Act may be
    made available to the Government of Southern Sudan to provide non-
    lethal military assistance, military education and training, and
    defense services controlled under the International Traffic in Arms
    Regulations (22 CRF 120.1 et seq.) if the Secretary of State--
                (1) determines that the provision of such items is in the
            national interest of the United States; and
                (2) not later than 15 days before the provision of any such
            assistance, notifies the Committees on Appropriations and the
            Committee on Foreign Relations in the Senate and the Committee
            on Foreign Affairs in the House of Representatives of such
            determination.
        (f) Chad.--Notwithstanding any other provision of law, of the funds
    appropriated by this Act for assistance for Sudan, up to $5,000,000
    shall be made available for administrative and other expenses of the
    United States Agency for International Development in Chad.

                            trade capacity building

        Sec. 667. Of the funds appropriated by this Act, under the headings
    ``Development Assistance'', ``Assistance for Eastern Europe and the
    Baltic States'', ``Economic Support Fund'', ``Andean Counterdrug
    Programs'', and ``Assistance for the Independent States of the Former
    Soviet Union'', not less than $550,000,000 should be made available for
    trade capacity building assistance.

                        transparency and accountability

        Sec. 668. (a) Public Disclosure.--Ten percent of the funds
    appropriated in this Act under the heading ``International
    Organizations and Programs'' for a contribution to any United Nations
    agency may be withheld from disbursement if the Secretary of State
    reports to the Committees on Appropriations that such agency does not
    have or is not implementing a policy of posting on a publicly available
    website information such as (1) audits, budget reports, and information
    related to procurement activities; (2) procedures for protecting
    whistleblowers; and (3) efforts to ensure the independence of internal
    oversight bodies, adopt international public sector accounting
    standards, and limit administrative costs.
        (b) United Nations Development Program.--Twenty percent of the
    funds appropriated by this Act under the heading ``International
    Organizations and Programs'' for a United States contribution to the
    United Nations Development Program (UNDP) shall be withheld from
    disbursement until the Secretary of State reports to the Committees on
    Appropriations that UNDP is--
                (1) giving adequate access to information to the Department
            of State regarding UNDP's programs and activities as requested,
            including in North Korea and Burma;
                (2) conducting oversight of UNDP programs and activities
            globally; and
                (3) implementing a whistleblower protection policy
            equivalent to that recommended by the United Nations Secretary
            General on December 3, 2007.
        (c)(1) World Bank.--Ten percent of the funds appropriated by this
    Act under the heading ``International Development Association'' shall
    be withheld from disbursement until the Secretary of the Treasury
    reports to the Committees on Appropriations that--
                (A) the World Bank has made publicly available, in an
            appropriate manner, financial disclosure forms of senior World
            Bank personnel, including those at the level of managing
            director, vice president, and above;
                (B) the World Bank has established a plan and maintains a
            schedule for conducting regular, independent audits of internal
            management controls and procedures for meeting operational
            objectives, and is making reports describing the scope and
            findings of such audits available to the public;
                (C) the World Bank is adequately staffing and sufficiently
            funding the Department of Institutional Integrity;
                (D) the World Bank has made publicly available the reports
            of the Department of Institutional Integrity, and any
            subsequent review of corrective actions for such reports,
            including, but not limited to, the November 23, 2005 ``Report
            of Investigation into Reproductive and Child Health I Project
            Credit N0180 India'', and the May 2006 report on Credit Number
            3703 DRC, Grant number H193 DRC, and Grant number H010 DRC; and
                (E) the World Bank is implementing the recommendations of
            the ``Volcker Panel'' report in a timely manner.
        (2) Anticorruption Provisions.--In addition to the funds withheld
    in subsection (b)(1), 10 percent of the funds appropriated by this Act
    under the heading ``International Development Association'' shall be
    withheld from disbursement until the Secretary of the Treasury reports
    to the Committees on Appropriations on the extent to which the World
    Bank has completed the following:
                (A) World Bank procurement guidelines, including the World
            Bank's Standard Bidding Documents, have been applied to all
            procurement financed in whole or in part by a loan from the
            World Bank or a credit agreement or grant from the
            International Development Association (IDA);
                (B) the World Bank maintains a strong central procurement
            office staffed with senior experts who are designated to
            address commercial concerns, questions, and complaints
            regarding procurement procedures and payments under IDA and
            World Bank projects;
                (C) thresholds for international competitive bidding have
            been established to maximize international competitive bidding
            in accordance with sound procurement practices, including
            transparency, competition, and cost-effective results for the
            Borrowers;
                (D) the World Bank is consulting with the appropriate
            private and public sector representatives regarding
            implementation of the country procurement pilots outlined in
            the June 2007 report to the Board; and
                (E) all countries selected for the procurement pilot
            program must adhere to all World Bank anti-fraud and anti-
            corruption policies and must demonstrate a strong anti-fraud
            enforcement record.
        (d) Report.--
                (1)(A) The Comptroller General of the United States shall
            conduct an assessment of the programs and activities funded
            under the heading ``Millennium Challenge Corporation'' (MCC) in
            this Act and prior Acts making appropriations for foreign
            operations, export financing, and related programs to include a
            review of the financial controls and procurement practices of
            the Corporation and its accountable entities, and the results
            achieved by MCC's compacts.
                (B) Of the funds appropriated under the heading
            ``Millennium Challenge Corporation'' in this Act, up to
            $250,000 shall be made available to the Comptroller for the
            requirements of subsection (1)(A).
                (2)(A) The Comptroller General of the United States shall
            conduct an assessment of the HIV/AIDS programs and activities
            funded under the headings ``Child Survival and Health Programs
            Fund'', ``Global HIV/AIDS Initiative'', and ``Global Health and
            Child Survival'' in this Act and prior Acts making
            appropriations for foreign operations, export financing, and
            related programs to include a review of the procurement and
            results monitoring activities of United States bilateral HIV/
            AIDS programs. The assessment should also address the impact of
            Global HIV/AIDS Initiative funding on other United States
            global health programming.
                (B) Of the funds appropriated under the heading ``Global
            Health and Child Survival'', up to $125,000 shall be made
            available to the Comptroller for the requirements of subsection
            (2)(A).
        (e) National Budget Transparency.--
                (1) None of the funds appropriated by this Act may be made
            available for assistance for the central government of any
            country that fails to make publicly available on an annual
            basis its national budget, to include income and expenditures.
                (2) The Secretary of State may waive subsection (e)(1) if
            the Secretary reports to the Committees on Appropriations that
            to do so is in the national interests of the United States.
                (3) The reporting requirement pursuant to section 585(b) of
            Public Law 108-7 regarding fiscal transparency and
            accountability in countries whose central governments receive
            United States foreign assistance shall apply to this Act.

     excess defense articles for central and south european countries and
                            certain other countries

        Sec. 669. Notwithstanding section 516(e) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2008, funds
    available to the Department of Defense may be expended for crating,
    packing, handling, and transportation of excess defense articles
    transferred under the authority of section 516 of such Act to Albania,
    Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of
    Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia,
    Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan,
    Turkmenistan, and Ukraine.

                             gender-based violence

        Sec. 670. Programs funded under titles III and IV of this Act that
    provide training for foreign police, judicial, and military officials,
    shall include, where appropriate, programs and activities that address
    gender-based violence.

      limitation on economic support fund assistance for certain foreign
        governments that are parties to the international criminal court

        Sec. 671. (a) None of the funds made available in this Act under
    the heading ``Economic Support Fund'' may be used to provide assistance
    to the government of a country that is a party to the International
    Criminal Court and has not entered into an agreement with the United
    States pursuant to Article 98 of the Rome Statute preventing the
    International Criminal Court from proceeding against United States
    personnel present in such country.
        (b) The President may, with prior notice to Congress, waive the
    prohibition of subsection (a) with respect to a North Atlantic Treaty
    Organization (NATO) member country, a major non-NATO ally (including
    Australia, Egypt, Israel, Japan, Jordan, Argentina, the Republic of
    Korea, and New Zealand), Taiwan, or such other country as he may
    determine if he determines and reports to the appropriate congressional
    committees that it is important to the national interests of the United
    States to waive such prohibition.
        (c) The President may, with prior notice to Congress, waive the
    prohibition of subsection (a) with respect to a particular country if
    he determines and reports to the appropriate congressional committees
    that such country has entered into an agreement with the United States
    pursuant to Article 98 of the Rome Statute preventing the International
    Criminal Court from proceeding against United States personnel present
    in such country.
        (d) The prohibition of this section shall not apply to countries
    otherwise eligible for assistance under the Millennium Challenge Act of
    2003, notwithstanding section 606(a)(2)(B) of such Act.

                               western hemisphere

        Sec. 672. (a) Central and South America.--Of the funds appropriated
    by this Act under the headings ``Global Health and Child Survival'' and
    ``Development Assistance'', not less than the amount of funds initially
    allocated for each such account pursuant to section 653(a) of the
    Foreign Assistance Act of 1961 for fiscal year 2007 shall be made
    available for El Salvador, Guatemala, Nicaragua, Honduras, Ecuador,
    Peru, Bolivia, Brazil, Latin America and Caribbean Regional, Central
    America Regional, and South America Regional: Provided, That for the
    purposes of this subsection, ``Global Health and Child Survival'' shall
    mean ``Child Survival and Health Programs Fund''.
        (b) Haiti.--
                (1) The Government of Haiti shall be eligible to purchase
            defense articles and services under the Arms Export Control Act
            (22 U.S.C. 2751 et seq.), for the Coast Guard.
                (2) Of the funds appropriated by this Act under titles III
            and IV, not less than $201,584,000 shall be available for
            assistance for Haiti.
                (3) None of the funds made available by this Act under the
            heading ``International Narcotics Control and Law Enforcement''
            may be used to transfer excess weapons, ammunition or other
            lethal property of an agency of the United States Government to
            the Government of Haiti for use by the Haitian National Police
            until the Secretary of State certifies to the Committees on
            Appropriations that any members of the Haitian National Police
            who have been credibly alleged to have committed serious
            crimes, including drug trafficking and human rights violations,
            have been suspended and the Haitian Government is cooperating
            in a reform and restructuring plan for the Haitian National
            Police and the reform of the judicial system as called for in
            United Nations Security Council Resolution 1608 adopted on June
            22, 2005.
        (c) Dominican Republic.--Of the funds appropriated by this Act
    under the headings ``Global Health and Child Survival'' and
    ``Development Assistance'', not less than $23,000,000 shall be made
    available for assistance for the Dominican Republic, of which not less
    than $5,000,000 shall be made available for basic health care,
    nutrition, sanitation, education, and shelter for migrant workers and
    other residents of batey communities.
        (d) Assistance for Guatemala.--
                (1) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'' that are available for assistance for
            Guatemala, not less than $4,000,000 shall be made available for
            a United States contribution to the International Commission
            Against Impunity in Guatemala (CICIG).
                (2) Funds appropriated by this Act under the heading
            ``International Military Education and Training'' (IMET) that
            are available for assistance for Guatemala, other than for
            expanded IMET, may be made available only for the Guatemalan
            Air Force, Navy and Army Corps of Engineers: Provided, That
            assistance for the Guatemalan Army Corps of Engineers shall
            only be available for training to improve disaster response
            capabilities and to participate in international peacekeeping
            operations: Provided further, That such funds may be made
            available only if the Secretary of State certifies that the
            Guatemalan Air Force, Navy and Army Corps of Engineers are
            respecting human rights and are cooperating with civilian
            judicial investigations and prosecutions of current and retired
            military personnel who have been credibly alleged to have
            committed violations of human rights.
                (3) Of the funds appropriated by this Act under the heading
            ``Foreign Military Financing Program'', not more than $500,000
            may be made available for the Guatemalan Air Force and Navy:
            Provided, That such funds may be made available only if the
            Secretary of State certifies that the Guatemalan Air Force and
            Navy are respecting human rights and are cooperating with
            civilian judicial investigations and prosecutions of current
            and retired military personnel who have been credibly alleged
            to have committed violations of human rights, and the
            Guatemalan Armed Forces are fully cooperating (including access
            for investigators, the provision of documents and other
            evidence, and testimony of witnesses) with the CICIG.
        (e) Free Trade Agreements.--Of the funds appropriated by this Act
    under the heading ``Economic Support Fund'', not less than $10,000,000
    shall be made available for labor and environmental capacity building
    activities relating to the free trade agreements with countries of
    Central America and the Dominican Republic.
        (f) Notification Requirement.--Funds made available in this Act for
    assistance for Guatemala and Haiti under the headings referred to in
    this section shall be subject to the regular notification procedures of
    the Committees on Appropriations.

                                    zimbabwe

        Sec. 673. The Secretary of the Treasury shall instruct the United
    States executive director to each international financial institution
    to vote against any extension by the respective institution of any
    loans to the Government of Zimbabwe, except to meet basic human needs
    or to promote democracy, unless the Secretary of State determines and
    certifies to the Committees on Appropriations that the rule of law has
    been restored in Zimbabwe, including respect for ownership and title to
    property, freedom of speech and association.

                           development grants program

        Sec. 674. (a) Establishment of the Program.--There is established
    within the United States Agency for International Development (USAID) a
    Development Grants Program (DGP) to provide small grants to United
    States and indigenous nongovernmental organizations for the purpose of
    carrying out the provisions of chapters 1 and 10 of part I and chapter
    4 of part II of the Foreign Assistance Act of 1961.
        (b) Eligibility for Grants.--Grants from the DGP shall be made only
    for proposals of nongovernmental organizations.
        (c) Competition.--Grants made pursuant to the authority of this
    section shall be provided through an open, transparent and competitive
    process.
        (d) Size of Program and Individual Grants.--
                (1) Of the funds appropriated by this Act to carry out
            chapter 1 of part I and chapter 4 of part II of the Foreign
            Assistance Act of 1961, not less than $50,000,000 shall be made
            available for purposes of this section: Provided, That not more
            than 50 percent of this amount shall be derived from funds
            appropriated to carry out chapter 1 of part I of such Act.
                (2) No individual organization can receive grants, or grant
            amendments, made pursuant to this section in excess of
            $2,000,000.
        (e) Availability of Other Funds.--Funds made available under this
    section are in addition to other funds available for such purposes
    including funds designated by this Act by section 665.
        (f) Definition.--For purposes of this section, the term
    ``nongovernmental organization'' means a private voluntary
    organization, and shall not include entities owned in whole or in part
    by a government or governmental entity.
        (g) Report.--Within 90 days from the date of enactment of this Act,
    and after consultation with the Committees on Appropriations, the
    Administrator of USAID shall submit a report to those Committees
    describing the procedures and mechanisms USAID will use to implement
    this section.

                        disaster assistance and recovery

        Sec. 675. Funds made available to the Comptroller General under
    chapter 4 of title I of the Emergency Supplemental Appropriations Act
    (Public Law 106-31; 113 Stat. 69) and section 593 of the Foreign
    Operations, Export Financing, and Programs Agencies Appropriations Act,
    2001 (Public Law 106-429; 114 Stat. 1900A-59) to monitor the provisions
    of assistance to address the effects of hurricanes in Central America
    and the Caribbean and the earthquake in Colombia, and to monitor the
    earthquake relief and reconstruction efforts in El Salvador under
    section 561 of the Foreign Operations, Export Financing, and Programs
    Agencies Appropriations Act, 2002 (Public Law 107-115; 115 Stat. 2162)
    shall also be available to the Comptroller General to monitor any other
    disaster assistance and recovery effort.

         united states agency for international development management

                         (including transfer of funds)

        Sec. 676. (a) Authority.--Up to $81,000,000 of the funds made
    available in title III of this Act to carry out the provisions of part
    I of the Foreign Assistance Act of 1961, including funds appropriated
    under the heading ``Assistance for Eastern Europe and the Baltic
    States'', may be used by the United States Agency for International
    Development (USAID) to hire and employ individuals in the United States
    and overseas on a limited appointment basis pursuant to the authority
    of sections 308 and 309 of the Foreign Service Act of 1980.
        (b) Restrictions.--
                (1) The number of individuals hired in any fiscal year
            pursuant to the authority contained in subsection (a) may not
            exceed 175.
                (2) The authority to hire individuals contained in
            subsection (a) shall expire on September 30, 2009.
        (c) Conditions.--The authority of subsection (a) may only be used
    to the extent that an equivalent number of positions that are filled by
    personal services contractors or other non-direct hire employees of
    USAID, who are compensated with funds appropriated to carry out part I
    of the Foreign Assistance Act of 1961, including funds appropriated
    under the heading ``Assistance for Eastern Europe and the Baltic
    States'', are eliminated.
        (d) Priority Sectors.--In exercising the authority of this section,
    primary emphasis shall be placed on enabling USAID to meet personnel
    positions in technical skill areas currently encumbered by contractor
    or other non-direct hire personnel.
        (e) Consultations.--The USAID Administrator shall consult with the
    Committees on Appropriations at least on a quarterly basis concerning
    the implementation of this section.
        (f) Program Account Charged.--The account charged for the cost of
    an individual hired and employed under the authority of this section
    shall be the account to which such individual's responsibilities
    primarily relate. Funds made available to carry out this section may be
    transferred to and merged and consolidated with funds appropriated for
    ``Operating Expenses of the United States Agency for International
    Development''.
        (g) Management Reform Pilot.--Of the funds made available in
    subsection (a), USAID may use, in addition to funds otherwise available
    for such purposes, up to $15,000,000 to fund overseas support costs of
    members of the Foreign Service with a Foreign Service rank of four or
    below: Provided, That such authority is only used to reduce USAID's
    reliance on overseas personal services contractors or other non-direct
    hire employees compensated with funds appropriated to carry out part I
    of the Foreign Assistance Act of 1961, including funds appropriated
    under the heading ``Assistance for Eastern Europe and the Baltic
    States''.
        (h) Disaster Surge Capacity.--Funds appropriated under title III of
    this Act to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Eastern
    Europe and the Baltic States'', may be used, in addition to funds
    otherwise available for such purposes, for the cost (including the
    support costs) of individuals detailed to or employed by the United
    States Agency for International Development whose primary
    responsibility is to carry out programs in response to natural
    disasters.

                            opic transfer authority

                         (including transfer of funds)

        Sec. 677. Whenever the President determines that it is in
    furtherance of the purposes of the Foreign Assistance Act of 1961, up
    to a total of $20,000,000 of the funds appropriated under title III of
    this Act may be transferred to and merged with funds appropriated by
    this Act for the Overseas Private Investment Corporation Program
    Account, to be subject to the terms and conditions of that account:
    Provided, That such funds shall not be available for administrative
    expenses of the Overseas Private Investment Corporation: Provided
    further, That designated funding levels in this Act shall not be
    transferred pursuant to this section: Provided further, That the
    exercise of such authority shall be subject to the regular notification
    procedures of the Committees on Appropriations.

                             reporting requirement

        Sec. 678. The Secretary of State shall provide the Committees on
    Appropriations, not later than April 1, 2008, and for each fiscal
    quarter, a report in writing on the uses of funds made available under
    the headings ``Foreign Military Financing Program'', ``International
    Military Education and Training'', and ``Peacekeeping Operations'':
    Provided, That such report shall include a description of the
    obligation and expenditure of funds, and the specific country in
    receipt of, and the use or purpose of the assistance provided by such
    funds.

                                   indonesia

        Sec. 679. (a) Of the funds appropriated by this Act under the
    heading ``Foreign Military Financing Program'' up to $15,700,000 may be
    made available for assistance for Indonesia as follows--
                (1) Of the amount provided in subsection (a), $13,000,000
            may be made available upon enactment of this Act.
                (2) Of the amount provided in subsection (a), $2,700,000
            may not be made available until the Secretary of State reports
            to the Committees on Appropriations--
                        (A) on the steps taken by the Government of
                    Indonesia on the following--
                                (i) prosecution and punishment, in a manner
                            proportional to the crime, for members of the
                            Armed Forces who have been credibly alleged to
                            have committed gross violations of human rights
                            in Timor-Leste and elsewhere, and cooperation
                            by the Armed Forces with civilian judicial
                            authorities and with international efforts to
                            resolve cases of gross violations of human
                            rights; and
                                (ii) implementation by the Armed Forces of
                            reforms to increase the transparency and
                            accountability of their operations and
                            financial management; and
                        (B) that the Government of Indonesia has written
                    plans to effectively provide accountability for past
                    violations of human rights by members of the Armed
                    Forces, and is implementing plans to effectively allow
                    public access to Papua and to pursue the criminal
                    investigation and provide the projected timeframe for
                    completing the investigation of the murder of Munir
                    Said Thalib.
        (b) Of the funds appropriated by this Act under the heading
    ``Economic Support Fund'' that are available for assistance for
    Indonesia, not less than $250,000 should be made available for grants
    for capacity building of Indonesian human rights organizations,
    including in Papua.

                          limitation on basing in iraq

        Sec. 680. None of the funds made available in this Act may be used
    by the Government of the United States to enter into a permanent basing
    rights agreement between the United States and Iraq.

                         prohibition on use of torture

        Sec. 681. None of the funds made available in this Act shall be
    used in any way whatsoever to support or justify the use of torture,
    cruel or inhumane treatment by any official or contract employee of the
    United States Government.

                              report on indonesia

        Sec. 682. Not later than 90 days after enactment of this Act, the
    Secretary of State shall submit a report to the Committees on
    Appropriations that describes--
                (1) the steps taken by the Government of Indonesia to deny
            promotion, suspend from active service, and pursue prosecution
            of military officers indicted for serious crimes, and the
            extent to which past and present Indonesian military officials
            are cooperating with domestic inquiries into human rights
            abuses, including the forced disappearance and killing of
            student activists in 1998 and 1999;
                (2) the responses of the Governments of Indonesia and Timor
            Leste to the Final Report of the Commission for Reception,
            Truth and Reconciliation in Timor-Leste and the June 2006
            report of the report to the Secretary-General of the Commission
            of Experts to Review the Prosecution of Serious Violations of
            Human Rights in Timor-Leste in 1999; and
                (3) the steps taken by the Indonesian military to divest
            itself of illegal businesses.

                                  extradition

        Sec. 683. (a) None of the funds appropriated in this Act for the
    Department of State may be used to provide assistance (other than funds
    provided under the headings ``International Narcotics Control and Law
    Enforcement'', ``Migration and Refugee Assistance'', ``Emergency
    Migration and Refugee Assistance'', and ``Nonproliferation, Anti-
    terrorism, Demining and Related Assistance'') for the central
    government of a country which has notified the Department of State of
    its refusal to extradite to the United States any individual indicted
    for a criminal offense for which the maximum penalty is life
    imprisonment without the possibility of parole or for killing a law
    enforcement officer, as specified in a United States extradition
    request.
        (b) Subsection (a) shall only apply to the central government of a
    country with which the United States maintains diplomatic relations and
    with which the United States has an extradition treaty and the
    government of that country is in violation of the terms and conditions
    of the treaty.
        (c) The Secretary of State may waive the restriction in subsection
    (a) on a case-by-case basis if the Secretary certifies to the
    Committees on Appropriations that such waiver is important to the
    national interests of the United States.

                        environment and energy programs

        Sec. 684. (a) Biodiversity.--Of the funds appropriated under the
    heading ``Development Assistance'', not less than $195,000,000 shall be
    made available for programs and activities which directly protect
    biodiversity, including forests, in developing countries, of which not
    less than the amount of funds initially allocated pursuant to section
    653(a) of the Foreign Assistance Act of 1961 for fiscal year 2006 shall
    be made available for such activities in Brazil, Colombia, Ecuador,
    Peru and Bolivia, and that in addition to such amounts for such
    countries not less than $15,000,000 shall be made available for the
    United States Agency for International Development's Amazon Basin
    Conservation Initiative: Provided, That of the funds appropriated by
    this Act, not less than $2,000,000 should be made available for
    wildlife conservation and protected area management in the Boma-Jonglei
    landscape of Southern Sudan, and not less than $17,500,000 shall be
    made available for the Congo Basin Forest Partnership of which not less
    than $2,500,000 shall be made available to the United States Fish and
    Wildlife Service for great apes conservation programs in Central
    Africa.
        (b) Energy.--
                (1) Of the funds appropriated by this Act, not less than
            $195,000,000 shall be made available to support clean energy
            and other climate change programs in developing countries, of
            which not less than $125,000,000 should be made available to
            directly promote and deploy energy conservation, energy
            efficiency, and renewable and clean energy technologies with an
            emphasis on small hydro, solar and wind energy, and of which
            the balance should be made available to directly: (1) reduce
            greenhouse gas emissions; (2) increase carbon sequestration
            activities; and (3) support climate change mitigation and
            adaptation programs.
                (2) The Secretary of State shall convene an interagency
            committee, including appropriate officials of the Department of
            State, the United States Agency for International Development,
            and the Environmental Protection Agency, to evaluate the
            specific needs of developing countries in adapting to climate
            change impacts: Provided, That the Secretary shall submit a
            report to the Committees on Appropriations not later than
            September 1, 2008, describing such needs, on a country-by-
            country and regional basis, and the actions planned and being
            taken by the United States, including funding provided to
            developing countries specifically for adaptation to climate
            change impacts.
        (c) Extraction of Natural Resources.--
                (1) The Secretary of the Treasury shall inform the
            managements of the international financial institutions and the
            public that it is the policy of the United States that any
            assistance by such institutions (including but not limited to
            any loan, credit, grant, or guarantee) for the extraction and
            export of oil, gas, coal, timber, or other natural resource
            should not be provided unless the government of the country has
            in place functioning systems for: (A) accurately accounting for
            payments for companies involved in the extraction and export of
            natural resources; (B) the independent auditing of accounts
            receiving such payments and the widespread public dissemination
            of the findings of such audits; and (C) verifying government
            receipts against company payments including widespread
            dissemination of such payment information, and disclosing such
            documents as Host Government Agreements, Concession Agreements,
            and bidding documents, allowing in any such dissemination or
            disclosure for the redaction of, or exceptions for, information
            that is commercially proprietary or that would create
            competitive disadvantage.
                (2) Not later than 180 days after the enactment of this
            Act, the Secretary of the Treasury shall submit a report to the
            Committees on Appropriations describing, for each international
            financial institution, the amount and type of assistance
            provided, by country, for the extraction and export of oil,
            gas, coal, timber, or other natural resources since September
            30, 2006, and whether each institution considered, in its
            proposal for such assistance, the extent to which the country
            has functioning systems described in paragraph (c)(1).

                                   uzbekistan

        Sec. 685. (a) Funds appropriated by this Act may be made available
    for assistance for the central Government of Uzbekistan only if the
    Secretary of State determines and reports to the Committees on
    Appropriations that the Government of Uzbekistan is making substantial
    and continuing progress--
                (1) in meeting its commitments under the ``Declaration on
            the Strategic Partnership and Cooperation Framework Between the
            Republic of Uzbekistan and the United States of America'',
            including respect for human rights, establishing a genuine
            multi-party system, and ensuring free and fair elections,
            freedom of expression, and the independence of the media; and
                (2) in investigating and prosecuting the individuals
            responsible for the deliberate killings of civilians in Andijan
            in May 2005.
        (b) If the Secretary of State has credible evidence that any
    current or former official of the Government of Uzbekistan was
    responsible for the deliberate killings of civilians in Andijan in May
    2005, or for other gross violations of human rights in Uzbekistan, not
    later than 6 months after enactment of this Act any person identified
    by the Secretary pursuant to this subsection shall be ineligible for
    admission to the United States.
        (c) The restriction in subsection (b) shall cease to apply if the
    Secretary determines and reports to the Committees on Appropriations
    that the Government of Uzbekistan has taken concrete and measurable
    steps to improve respect for internationally recognized human rights,
    including allowing peaceful political and religious expression,
    releasing imprisoned human rights defenders, and implementing
    recommendations made by the United Nations on torture.
        (d) The Secretary may waive the application of subsection (b) if
    the Secretary determines that admission to the United States is
    necessary to attend the United Nations or to further United States law
    enforcement objectives.
        (e) For the purpose of this section ``assistance'' shall include
    excess defense articles.

                      repression in the russian federation

        Sec. 686. (a) None of the funds appropriated for assistance under
    this Act may be made available for the Government of the Russian
    Federation, after 180 days from the date of the enactment of this Act,
    unless the President determines and certifies in writing to the
    Committees on Appropriations that the Government of the Russian
    Federation: (1) has implemented no statute, executive order, regulation
    or similar government action that would discriminate, or which has as
    its principal effect discrimination, against religious groups or
    religious communities in the Russian Federation in violation of
    accepted international agreements on human rights and religious
    freedoms to which the Russian Federation is a party; and (2) is (A)
    honoring its international obligations regarding freedom of expression,
    assembly, and press, as well as due process; (B) investigating and
    prosecuting law enforcement personnel credibly alleged to have
    committed human rights abuses against political leaders, activists and
    journalists; and (C) immediately releasing political leaders, activists
    and journalists who remain in detention.
        (b) The Secretary of State may waive the requirements of subsection
    (a) if the Secretary determines that to do so is important to the
    national interests of the United States.

                              war crimes in africa

        Sec. 687. (a) The Congress reaffirms its support for the efforts of
    the International Criminal Tribunal for Rwanda (ICTR) and the Special
    Court for Sierra Leone (SCSL) to bring to justice individuals
    responsible for war crimes and crimes against humanity in a timely
    manner.
        (b) Funds appropriated by this Act, including funds for debt
    restructuring, may be made available for assistance to the central
    government of a country in which individuals indicted by ICTR and SCSL
    are credibly alleged to be living, if the Secretary of State determines
    and reports to the Committees on Appropriations that such government is
    cooperating with ICTR and SCSL, including the surrender and transfer of
    indictees in a timely manner: Provided, That this subsection shall not
    apply to assistance provided under section 551 of the Foreign
    Assistance Act of 1961 or to project assistance under title II of this
    Act: Provided further, That the United States shall use its voice and
    vote in the United Nations Security Council to fully support efforts by
    ICTR and SCSL to bring to justice individuals indicted by such
    tribunals in a timely manner.
        (c) The prohibition in subsection (b) may be waived on a country by
    country basis if the President determines that doing so is in the
    national security interest of the United States: Provided, That prior
    to exercising such waiver authority, the President shall submit a
    report to the Committees on Appropriations, in classified form if
    necessary, on--
                (1) the steps being taken to obtain the cooperation of the
            government in surrendering the indictee in question to the
            court of jurisdiction;
                (2) a strategy, including a timeline, for bringing the
            indictee before such court; and
                (3) the justification for exercising the waiver authority.

            combatting piracy of united states copyrighted materials

        Sec. 688. (a) Program Authorized.--The Secretary of State may carry
    out a program of activities to combat piracy in countries that are not
    members of the Organization for Economic Cooperation and Development,
    including activities as follows:
                (1) The provision of equipment and training for law
            enforcement, including in the interpretation of intellectual
            property laws.
                (2) The provision of training for judges and prosecutors,
            including in the interpretation of intellectual property laws.
                (3) The provision of assistance in complying with
            obligations under applicable international treaties and
            agreements on copyright and intellectual property.
        (b) Consultation With World Intellectual Property Organization.--In
    carrying out the program authorized by subsection (a), the Secretary
    shall, to the maximum extent practicable, consult with and provide
    assistance to the World Intellectual Property Organization in order to
    promote the integration of countries described in subsection (a) into
    the global intellectual property system.
        (c) Funding.--Of the amount appropriated or otherwise made
    available under the heading ``International Narcotics Control and Law
    Enforcement'', $5,000,000 may be made available in fiscal year 2008 for
    the program authorized by subsection (a).

                          neglected tropical diseases

        Sec. 689. Of the funds appropriated under the heading ``Global
    Health and Child Survival'', not less than $15,000,000 shall be made
    available to support the United States Agency for International
    Development's ongoing program to implement an integrated response to
    the control of neglected diseases including intestinal parasites,
    schistosomiasis, lymphatic filariasis, onchocerciasis, trachoma and
    leprosy: Provided, That the Administrator of the United States Agency
    for International Development shall consult with the Committees on
    Appropriations, representatives from the relevant international
    technical and nongovernmental organizations addressing the specific
    diseases, recipient countries, donor countries, the private sector,
    UNICEF and the World Health Organization: (1) on the most effective
    uses of such funds to demonstrate the health and economic benefits of
    such an approach; and (2) to develop a multilateral, integrated
    initiative to control these diseases that will enhance coordination and
    effectiveness and maximize the leverage of United States contributions
    with those of other donors: Provided further, That funds made available
    pursuant to this section shall be subject to the regular notification
    procedures of the Committees on Appropriations.

                                     egypt

        Sec. 690. (a) Of the funds appropriated by this Act under the
    heading ``Foreign Military Financing Program'' or under the heading
    ``Economic Support Fund'' that are available for assistance for Egypt,
    $100,000,000 shall not be made available for obligation until the
    Secretary of State certifies and reports to the Committees on
    Appropriations that the Government of Egypt has taken concrete and
    measurable steps to--
                (1) adopt and implement judicial reforms that protect the
            independence of the judiciary;
                (2) review criminal procedures and train police leadership
            in modern policing to curb police abuses; and
                (3) detect and destroy the smuggling network and tunnels
            that lead from Egypt to Gaza.
        (b) Not less than 45 days after enactment of this Act, the
    Secretary may waive subsection (a) if the Secretary determines and
    reports to the Committees on Appropriations that such waiver is in the
    national security interest of the United States.

    relief for iraqi, montagnards, hmong and other refugees who do not pose
                         a threat to the united states

        Sec. 691. (a) Amendment to Authority to Determine the Bar to
    Admission Inapplicable.--Section 212(d)(3)(B)(i) of the Immigration and
    Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read as
    follows:
        ``The Secretary of State, after consultation with the Attorney
    General and the Secretary of Homeland Security, or the Secretary of
    Homeland Security, after consultation with the Secretary of State and
    the Attorney General, may determine in such Secretary's sole
    unreviewable discretion that subsection (a)(3)(B) shall not apply with
    respect to an alien within the scope of that subsection or that
    subsection (a)(3)(B)(vi)(III) shall not apply to a group within the
    scope of that subsection, except that no such waiver may be extended to
    an alien who is within the scope of subsection (a)(3)(B)(i)(II), no
    such waiver may be extended to an alien who is a member or
    representative of, has voluntarily and knowingly engaged in or endorsed
    or espoused or persuaded others to endorse or espouse or support
    terrorist activity on behalf of, or has voluntarily and knowingly
    received military-type training from a terrorist organization that is
    described in subclause (I) or (II) of subsection (a)(3)(B)(vi), and no
    such waiver may be extended to a group that has engaged terrorist
    activity against the United States or another democratic country or
    that has purposefully engaged in a pattern or practice of terrorist
    activity that is directed at civilians. Such a determination shall
    neither prejudice the ability of the United States Government to
    commence criminal or civil proceedings involving a beneficiary of such
    a determination or any other person, nor create any substantive or
    procedural right or benefit for a beneficiary of such a determination
    or any other person. Notwithstanding any other provision of law
    (statutory or nonstatutory), including section 2241 of title 28, or any
    other habeas corpus provision, and sections 1361 and 1651 of such
    title, no court shall have jurisdiction to review such a determination
    or revocation except in a proceeding for review of a final order of
    removal pursuant to section 1252 of this title, and review shall be
    limited to the extent provided in section 1252(a)(2)(D). The Secretary
    of State may not exercise the discretion provided in this clause with
    respect to an alien at any time during which the alien is the subject
    of pending removal proceedings under section 1229a of this title.''.
        (b) Automatic Relief for the Hmong and Other Groups That Do Not
    Pose a Threat to the United States.--For purposes of section
    212(a)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
    1182(a)(3)(B)), the Karen National Union/Karen Liberation Army (KNU/
    KNLA), the Chin National Front/Chin National Army (CNF/CNA), the Chin
    National League for Democracy (CNLD), the Kayan New Land Party (KNLP),
    the Arakan Liberation Party (ALP), the Mustangs, the Alzados, the
    Karenni National Progressive Party, and appropriate groups affiliated
    with the Hmong and the Montagnards shall not be considered to be a
    terrorist organization on the basis of any act or event occurring
    before the date of enactment of this section. Nothing in this
    subsection may be construed to alter or limit the authority of the
    Secretary of State or the Secretary of Homeland Security to exercise
    his discretionary authority pursuant to 212(d)(3)(B)(i) of the
    Immigration and Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)).
        (c) Technical Correction.--(1) In General.--Section
    212(a)(3)(B)(ii) of the Immigration and Nationality Act (8 U.S.C.
    1182(a)(3)(B)(ii)) is amended by striking ``Subclause (VII)'' and
    replacing it with ``Subclause (IX)''.
        (d) Designation of the Taliban as a Terrorist Organization.--For
    purposes of section 212(a)(3)(B) of the Immigration and Nationality Act
    (8 U.S.C. 1182(a)(3)(B)), the Taliban shall be considered to be a
    terrorist organization described in subclause (I) of clause (vi) of
    that section.
        (e) Report on Duress Waivers.--The Secretary of Homeland Security
    shall provide to the Committees on the Judiciary of the United States
    Senate and House of Representatives a report, not less than 180 days
    after the enactment of this Act and every year thereafter, which may
    include a classified annex, if appropriate, describing--
                (1) the number of individuals subject to removal from the
            United States for having provided material support to a
            terrorist group who allege that such support was provided under
            duress;
                (2) a breakdown of the types of terrorist organizations to
            which the individuals described in paragraph (1) have provided
            material support;
                (3) a description of the factors that the Department of
            Homeland Security considers when evaluating duress waivers; and
                (4) any other information that the Secretary believes that
            the Congress should consider while overseeing the Department's
            application of duress waivers.
        (f) Effective Date.--The amendments made by this section shall take
    effect on the date of enactment of this section, and these amendments
    and sections 212(a)(3)(B) and 212(d)(3)(B) of the Immigration and
    Nationality Act (8 U.S.C. 1182(a)(3)(B) and 1182(d)(3)(B)), as amended
    by these sections, shall apply to--
                (1) removal proceedings instituted before, on, or after the
            date of enactment of this section; and
                (2) acts and conditions constituting a ground for
            inadmissibility, excludability, deportation, or removal
            occurring or existing before, on, or after such date.

                      report on anti-corruption activities

        Sec. 692. Not later than August 1, 2008, the Secretary of State, in
    consultation with the Administrator of the United States Agency for
    International Development and the Chief Executive Officer of the
    Millennium Challenge Corporation, shall submit to the Committees on
    Appropriations a report on the level of corruption in each country that
    receives development assistance appropriated in this Act.

               democracy, the rule of law, and governance in iran

        Sec. 693. Of the funds appropriated in this Act, $60,000,000 should
    be made available for programs to promote democracy, the rule of law,
    and governance in Iran.

                  denial of visas related to removal of aliens

        Sec. 694. None of the funds made available in this Act may be
    expended in violation of section 243(d) of the Immigration and
    Nationality Act (8 U.S.C. 1253(d)) (relating to discontinuing granting
    visas to nationals of countries that are denying or delaying accepting
    aliens removed from the United States).

                      united nations human rights council

        Sec. 695. (a) None of the funds appropriated by this Act may be
    made available for a United States contribution to the United Nations
    Human Rights Council.
        (b) The prohibition under subsection (a) shall not apply if--
                (1) the Secretary of State certifies to the Committees on
            Appropriations that the provision of funds to support the
            United Nations Human Rights Council is in the national interest
            of the United States; or
                (2) the United States is a member of the Human Rights
            Council.

                    attendance at international conferences

        Sec. 696. None of the funds made available in this Act may be used
    to send or otherwise pay for the attendance of more than 50 employees
    of agencies or departments of the United States Government who are
    stationed in the United States, at any single international conference
    occurring outside the United States, unless the Secretary of State
    determines that such attendance is in the national interest: Provided,
    That for purposes of this section the term ``international conference''
    shall mean a conference attended by representatives of the United
    States Government and representatives of foreign governments,
    international organizations, or nongovernmental organizations.

                                  saudi arabia

        Sec. 697. None of the funds appropriated or otherwise made
    available pursuant to this Act shall be obligated or expended to
    finance any assistance to Saudi Arabia: Provided, That the President
    may waive the prohibition of this section if the President certifies to
    the Committees on Appropriations, 15 days prior to the obligation of
    funds for assistance for Saudi Arabia, that Saudi Arabia is cooperating
    with efforts to combat international terrorism and that the proposed
    assistance will help facilitate that effort.

                                  central asia

        Sec. 698. (a) Funds appropriated by this Act may be made available
    for assistance for the Government of Kazakhstan only if the Secretary
    of State determines and reports to the Committees on Appropriations
    that the Government of Kazakhstan has made significant improvements in
    the protection of human rights and civil liberties during the preceding
    6 month period, including by fulfilling obligations recommended by the
    Organization for Security and Cooperation in Europe (OSCE) in the areas
    of election procedures, media freedom, freedom of religion, free
    assembly and minority rights, and by meeting the commitments it made in
    connection with its assumption of the Chairmanship of the OSCE in 2010.
        (b) The Secretary of State may waive subsection (a) if the
    Secretary determines and reports to the Committees on Appropriations
    that such a waiver is important to the national security of the United
    States.
        (c) Not later than October 1, 2008, the Secretary of State shall
    submit a report to the Committees on Appropriations and the Committee
    on Foreign Relations of the Senate and the Committee on Foreign Affairs
    of the House of Representatives describing the following:
                (1) The defense articles, defense services, and financial
            assistance provided by the United States to the countries of
            Central Asia during the 12-month period ending 30 days prior to
            submission of such report.
                (2) The use during such period of defense articles, defense
            services, and financial assistance provided by the United
            States by units of the armed forces, border guards, or other
            security forces of such countries.
        (d) For purposes of this section, the term ``countries of Central
    Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
    Turkmenistan.

                              disability programs

        Sec. 699. (a) Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than $4,000,000 shall be
    made available for programs and activities administered by the United
    States Agency for International Development (USAID) to address the
    needs and protect the rights of people with disabilities in developing
    countries, of which $1,500,000 should be made available to disability
    advocacy organizations that have expertise in working to protect the
    rights and increasing the independence and full participation of people
    with disabilities: Provided, That funds for disability advocacy
    organizations should be used for training and technical assistance for
    foreign disabled persons organizations in such areas as advocacy,
    education, independent living, and transportation, with the goal of
    promoting equal participation of people with disabilities in developing
    countries: Provided further, That USAID should seek to disburse at
    least 25 percent of the funds made available pursuant to this
    subsection in the form of small grants.
        (b) Funds appropriated under the heading ``Operating Expenses of
    the United States Agency for International Development'' shall be made
    available to develop and implement training for staff in overseas USAID
    missions to promote the full inclusion and equal participation of
    people with disabilities in developing countries.
        (c) The Secretary of State, the Secretary of the Treasury, and the
    Administrator of USAID shall seek to ensure that, where appropriate,
    construction projects funded by this Act are accessible to people with
    disabilities and in compliance with the USAID Policy on Standards for
    Accessibility for the Disabled, or other similar accessibility
    standards.
        (d) Of the funds made available pursuant to subsection (a), not
    more than 7 percent may be for management, oversight and technical
    support.
        (e) Not later than 180 days after the date of enactment of this
    Act, and 180 days thereafter, the Administrator of USAID shall submit a
    report describing the programs, activities, and organizations funded
    pursuant to this section.

                   orphans, displaced and abandoned children

        Sec. 699A. Of the funds appropriated under title III of this Act,
    $3,000,000 should be made available for activities to improve the
    capacity of foreign government agencies and nongovernmental
    organizations to prevent child abandonment, address the needs of
    orphans, displaced and abandoned children and provide permanent homes
    through family reunification, guardianship and domestic adoptions:
    Provided, That funds made available under title III of this Act should
    be made available, as appropriate, consistent with--
                (1) the goal of enabling children to remain in the care of
            their family of origin, but when not possible, placing children
            in permanent homes through adoption;
                (2) the principle that such placements should be based on
            informed consent which has not been induced by payment or
            compensation;
                (3) the view that long-term foster care or
            institutionalization are not permanent options and should be
            used when no other suitable permanent options are available;
            and
                (4) the recognition that programs that protect and support
            families can reduce the abandonment and exploitation of
            children.

     advisor for activities relating to indigenous peoples internationally

        Sec. 699B. (a) Advisor.--After consultation with the Committees on
    Appropriations and not later than 90 days after the enactment of this
    Act, there shall be established within the Department of State in the
    immediate office of the Director of United States Foreign Assistance an
    Advisor for Activities Relating to Indigenous Peoples Internationally
    (hereinafter in this section referred to as the ``Advisor''), who shall
    be appointed by the Director. The Advisor shall report directly to the
    Director.
        (b) Responsibilities.--The Advisor shall:
                (1) Advise the Director of United States Foreign Assistance
            and the Administrator of the United States Agency for
            International Development on matters relating to the rights and
            needs of indigenous peoples internationally and should
            represent the United States Government on such matters in
            meetings with foreign governments and multilateral
            institutions.
                (2) Provide for the oversight and coordination of all
            resources, programs, projects, and activities of the United
            States Government to protect the rights and address the needs
            of indigenous peoples internationally; and
                (3) Develop and coordinate assistance strategies with
            specific goals, guidelines, benchmarks, and impact assessments
            (including support for local indigenous peoples'
            organizations).
        (c) Funds.--Of the funds appropriated by this Act under the heading
    ``Diplomatic and Consular Programs'', not less than $250,000 shall be
    made available for implementing the provisions of this section.
        (d) Report.--Not later than one year after the enactment of this
    Act, the Secretary shall submit a report to the Committees on
    Appropriations describing progress made in implementing this section.

                                 child soldiers

        Sec. 699C. (a) None of the funds appropriated or otherwise made
    available for foreign military financing, foreign military sales,
    direct commercial sales, or excess Defense articles by this Act or any
    other Act making appropriations for foreign operations, export
    financing, and related programs may be obligated or otherwise made
    available to the government of a country that is identified by the
    Department of State in the Department of State's most recent Country
    Reports on Human Rights Practices as having governmental armed forces
    or government supported armed groups, including paramilitaries,
    militias, or civil defense forces, that recruit or use child soldiers.
        (b) The Secretary of State may provide assistance or defense
    articles otherwise prohibited under subsection (a) to a country upon
    certifying to the Committees on Appropriations that the government of
    such country has implemented effective measures to demobilize children
    from its forces or from government-supported armed groups and prohibit
    and prevent the future recruitment or use of child soldiers.
        (c) The Secretary of State may waive the application to a country
    of the prohibition in subsection (a) if the Secretary determines and
    reports to the Committees on Appropriations that such waiver is
    important to the national interest of the United States.

                               funding for serbia

        Sec. 699D. (a) Funds appropriated by this Act may be made available
    for assistance for the central Government of Serbia after May 31, 2008,
    if the President has made the determination and certification contained
    in subsection (c).
        (b) After May 31, 2008, the Secretary of the Treasury should
    instruct the United States executive directors to the international
    financial institutions to support loans and assistance to the
    Government of Serbia subject to the conditions in subsection (c).
        (c) The determination and certification referred to in subsection
    (a) is a determination by the President and a certification to the
    Committees on Appropriations that the Government of Serbia is--
                (1) cooperating with the International Criminal Tribunal
            for the former Yugoslavia including access for investigators,
            the provision of documents, timely information on the location,
            movement, and sources of financial support of indictees, and
            the surrender and transfer of indictees or assistance in their
            apprehension, including Ratko Mladic and Radovan Karadzic;
                (2) taking steps that are consistent with the Dayton
            Accords to end Serbian financial, political, security and other
            support which has served to maintain separate Republika Srpska
            institutions; and
                (3) taking steps to implement policies which reflect a
            respect for minority rights and the rule of law.
        (d) This section shall not apply to Kosovo, humanitarian assistance
    or assistance to promote democracy.

                                  philippines

        Sec. 699E. Of the funds appropriated by this Act under the heading
    ``Foreign Military Financing Program'', not to exceed $30,000,000 may
    be made available for assistance for the Philippines, of which
    $2,000,000 may only be made available after the Secretary of State
    reports to the Committees on Appropriations that--
                (1) the Philippine Government is implementing the
            recommendations of the United Nations Special Rapporteur on
            Extrajudicial, Summary or Arbitrary Executions;
                (2) the Philippine Government is implementing a policy of
            promoting military personnel who demonstrate professionalism
            and respect for human rights, and is investigating and
            prosecuting military personnel and others who have been
            credibly alleged to have committed extrajudicial executions or
            other violations of human rights; and
                (3) the Philippine military is not engaging in acts of
            intimidation or violence against members of legal organizations
            who advocate for human rights.

                                    pakistan

        Sec. 699F. (a) Of the funds appropriated by this Act under the
    heading ``Foreign Military Financing Program'', up to $300,000,000 may
    be made available for assistance for Pakistan as follows--
        (b) Of the amount provided in subsection (a), $250,000,000 may be
    made available immediately for counter-terrorism and law enforcement
    activities directed against Al Qaeda and the Taliban and associated
    terrorist groups, and $50,000,000 may be made available for such
    purposes after the Secretary of State reports to the Committees on
    Appropriations that the Government of Pakistan--
                (1) is making concerted efforts to prevent Al Qaeda and
            associated terrorist groups from operating in the territory of
            Pakistan, including by eliminating terrorist training camps or
            facilities, arresting members of Al Qaeda and associated
            terrorist groups, and countering recruitment efforts;
                (2) is making concerted efforts to prevent the Taliban from
            using the territory of Pakistan as a sanctuary from which to
            launch attacks within Afghanistan, including by arresting
            Taliban leaders, stopping cross-border incursions, and
            countering recruitment efforts; and
                (3) is implementing democratic reforms, including--
                        (A) restoring the Constitution of Pakistan and
                    ensuring freedoms of expression and assembly and other
                    civil liberties guaranteed by the Constitution;
                        (B) releasing political detainees and allowing
                    inclusive democratic elections;
                        (C) ending harassment and detention of journalists,
                    human rights defenders and government critics by
                    security and intelligence forces; and
                        (D) restoring an independent judiciary and ending
                    interference in the judicial process.
        (c) Of the funds appropriated by this Act under the heading
    ``Economic Support Fund'' for assistance for Pakistan, up to $5,000,000
    may be used for administrative expenses of the United States Agency for
    International Development: Provided, That none of the funds
    appropriated by this Act may be made available for cash transfer
    assistance for Pakistan.

                                   sri lanka

        Sec. 699G. (a) None of the funds appropriated by this Act under the
    heading ``Foreign Military Financing Program'' may be made available
    for assistance for Sri Lanka, no defense export license may be issued,
    and no military equipment or technology shall be sold or transferred to
    Sri Lanka pursuant to the authorities contained in this Act or any
    other Act, unless the Secretary of State certifies to the Committee on
    Appropriations that--
                (1) the Sri Lankan military is suspending and the Sri
            Lankan Government is bringing to justice members of the
            military who have been credibly alleged to have committed gross
            violations of human rights or international humanitarian law,
            including complicity in the recruitment of child soldiers;
                (2) the Sri Lankan Government is providing access to
            humanitarian organizations and journalists throughout the
            country consistent with international humanitarian law; and
                (3) the Sri Lankan Government has agreed to the
            establishment of a field presence of the Office of the United
            Nations High Commissioner for Human Rights in Sri Lanka with
            sufficient staff and mandate to conduct full and unfettered
            monitoring throughout the country and to publicize its
            findings.
        (b) Subsection (a) shall not apply to technology or equipment made
    available for the limited purposes of maritime and air surveillance and
    communications.

                         multilateral development banks

        Sec. 699H. (a) World Bank Inspection Panel.--The Secretary of the
    Treasury shall instruct the United States Executive Director to the
    World Bank to inform the Bank of, and use the voice and vote of the
    United States to achieve transparency reforms of the selection process
    for members of the World Bank Inspection Panel, including--
                (1) Posting Inspection Panel position vacancy announcements
            on the Inspection Panel's website and in publications that have
            wide circulation in member countries;
                (2) Making public official procedures for the selection of
            Inspection Panel vacancies; and
                (3) Posting on the Inspection Panel's website the names of
            the members of the selection committee and the name or names of
            the individuals proposed by the selection committee to the
            President of the World Bank.
        (b) Authorizations.--
                (1) Section 501(i) of title V of H.R. 3425 as enacted into
            law by section 1000(a)(5) of Public Law 106-113, as amended by
            section 591(b) of division D of Public Law 108-447, is further
            amended by striking ``fiscal'' and all that follows through
            ``which'' and inserting in lieu thereof ``fiscal years 2000-
            2010, which''.
                (2) Section 801(b)(1)(ii) of Public Law 106-429, as amended
            by section 591(a)(2) of division D of Public Law 108-447, is
            further amended by striking ``fiscal years 2004-2006'' and by
            inserting in lieu thereof ``fiscal years 2004-2010''.

                        millennium challenge corporation

        Sec. 699I. (a) Section 607(b) of the Millennium Challenge Act of
    2003 (22 U.S.C. 7706) is amended--
                (1) in paragraph (2)(B) by striking ``and the sustainable
            management of natural resources'';
                (2) in paragraph (3)--
                        (A) in subparagraph (A), by striking ``and'';
                        (B) in subparagraph (B), by striking the period and
                    inserting ``; and''; and
                        (C) by adding the following subparagraph:
                        ``(C) promote the protection of biodiversity and
                    the transparent and sustainable management and use of
                    natural resources.''.
        (b)(1) The Chief Executive Officer of the Millennium Challenge
    Corporation shall, not later than 30 days following enactment of this
    Act, submit to the Committees on Appropriations a report on the
    proposed uses, on a country-by-country basis, of all funds appropriated
    under the heading ``Millennium Challenge Corporation'' in this Act or
    prior Acts making appropriations for foreign operations, export
    financing, and related programs projected to be obligated and expended
    in fiscal year 2008 and subsequent fiscal years.
        (2) The report required in paragraph (1) shall include, at a
    minimum, a description of:
                (A) Compacts in development, including the status of
            negotiations and the approximate range of value of the proposed
            compact;
                (B) Compacts in implementation, including the projected
            expenditure and disbursement of compact funds during fiscal
            year 2008 and subsequent fiscal years as determined by the
            country compact;
                (C) Threshold country programs in development, including
            the approximate range of value of the threshold country
            agreement;
                (D) Threshold country programs in implementation; and
                (E) Use of administrative funds.
        (3) The Chief Executive Officer of the Millennium Challenge
    Corporation shall notify the Committees on Appropriations not later
    than 15 days prior to signing any new country compact or new threshold
    country program; terminating or suspending any country compact or
    threshold country program; or commencing negotiations for any new
    compact or threshold country program.
        (4) The report required in paragraph (1) shall be updated on a
    quarterly basis.

                carry forward of unused special immigrant visas

        Sec. 699J. Section 1059(c) of the National Defense Authorization
    Act for Fiscal Year 2006 (8 U.S.C. 1101 note) is amended by adding at
    the end the following:
                ``(3) Carry forward.--If the numerical limitation described
            in paragraph (1) is not reached during a given fiscal year, the
            numerical limitation for the following fiscal year shall be
            increased by a number equal to the difference between the
            number of visas authorized for the given fiscal year and the
            number of aliens provided special immigrant status during the
            given fiscal year.''.

                                      iraq

        Sec. 699K. (a) None of the funds appropriated or otherwise made
    available by this Act may be made available for assistance for Iraq.
        (b) Subsection (a) shall not apply to funds appropriated by this
    Act under the heading ``Economic Support Fund'' that are made available
    to rescue Iraqi scholars and for the fund established by section 2108
    of Public Law 109-13, to funds made available under the heading
    ``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' for
    the removal and disposal of land mines and other unexploded ordnance,
    small arms and light weapons in Iraq, or for assistance for refugees
    and internally displaced persons.

                                anti-kleptocracy

        Sec. 699L. (a) In furtherance of the National Strategy to
    Internationalize Efforts Against Kleptocracy and Presidential
    Proclamation 7750, the Secretary of State shall compile and maintain a
    list of officials of foreign governments and their immediate family
    members who the Secretary determines there is credible evidence to
    believe have been involved in corruption relating to the extraction of
    natural resources in their countries.
        (b) Any individual on the list submitted under subsection (a) shall
    be ineligible for admission to the United States.
        (c) The Secretary may waive the application of subsection (a) if
    the Secretary determines that admission to the United States is
    necessary to attend the United Nations or to further United States law
    enforcement objectives, or that the circumstances which caused the
    individual to be included on the list have changed sufficiently to
    justify the removal of the individual from the list.
        (d) Not later than 90 days after enactment of this Act and 180 days
    thereafter, the Secretary of State shall submit a report, in classified
    form if necessary, to the Committees on Appropriations describing the
    evidence considered in determining involvement pursuant to subsection
    (a).

            comprehensive nuclear threat reduction and security plan

        Sec. 699M. (a) Not later than 180 days after the date of the
    enactment of this Act, the President shall submit to Congress a
    comprehensive nuclear threat reduction and security plan, in classified
    and unclassified forms--
                (1) for ensuring that all nuclear weapons and weapons-
            usable material at vulnerable sites are secure by 2012 against
            the threats that terrorists have shown they can pose; and
                (2) for working with other countries to ensure adequate
            accounting and security for such materials on an ongoing basis
            thereafter.
        (b) For each element of the accounting and security effort
    described under subsection (a)(2), the plan shall--
                (1) clearly designate agency and departmental
            responsibility and accountability;
                (2) specify program goals, with metrics for measuring
            progress, estimated schedules, and specified milestones to be
            achieved;
                (3) provide estimates of the program budget requirements
            and resources to meet the goals for each year;
                (4) provide the strategy for diplomacy and related tools
            and authority to accomplish the program element;
                (5) provide a strategy for expanding the financial support
            and other assistance provided by other countries, particularly
            Russia, the European Union and its member states, China, and
            Japan, for the purposes of securing nuclear weapons and
            weapons-usable material worldwide; and
                (6) outline the progress in and impediments to securing
            agreement from all countries that possess nuclear weapons or
            weapons-usable material on a set of global nuclear security
            standards, consistent with their obligation to comply with
            United Nations Security Council Resolution 1540.

                      prohibition on promotion of tobacco

        Sec. 699N. 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.

                         unobligated funds rescissions

        Sec. 699O. (a) Of the funds appropriated under the heading
    ``Subsidy Appropriation'' for the Export-Import Bank of the United
    States that are available for tied-aid grants in title I of Public Law
    107-115 and under such heading in prior Acts making appropriations for
    foreign operations, export financing, and related programs, $25,000,000
    are rescinded.
        (b) Of the funds appropriated under the heading ``Economic Support
    Fund'' in prior Acts making appropriations for foreign operations,
    export financing, and related programs, $133,000,000 are rescinded.

                          across-the-board rescission

        Sec. 699P. (a) Bill-wide Rescissions.--There is hereby rescinded an
    amount equal to .81 percent of the budget authority provided for fiscal
    year 2008 for any discretionary account in this Act.
        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
                (1) to each discretionary account and each item of budget
            authority described in subsection (a); and
                (2) within each such account and item, to each program,
            project, and activity (with programs, projects, and activities
            as delineated in the appropriation Act or accompanying
            explanatory statements for the relevant fiscal year covering
            such account or item, or for accounts and items not included in
            appropriation Acts, as delineated in the most recently
            submitted President's budget).
        (c) OMB Report.--Within 30 days after the date of the enactment of
    this section the Director of the Office of Management and Budget shall
    submit to the Committees on Appropriations a report specifying the
    account and amount of each rescission made pursuant to this section.
        (d) Exception.--The rescission in subsection (a) shall not apply to
    funds provided in this Act designated as described in section 5 (in the
    matter preceding division A of this consolidated Act).
        This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2008''.

    DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
                       AGENCIES APPROPRIATIONS ACT, 2008

                                    TITLE I

                          DEPARTMENT OF TRANSPORTATION

                            Office of the Secretary

                             salaries and expenses

        For necessary expenses of the Office of the Secretary, $91,782,000,
    of which not to exceed $2,310,000 shall be available for the immediate
    Office of the Secretary; not to exceed $730,000 shall be available for
    the immediate Office of the Deputy Secretary; not to exceed $18,720,000
    shall be available for the Office of the General Counsel; not to exceed
    $9,874,000 shall be available for the Office of the Under Secretary of
    Transportation for Policy; not to exceed $9,417,000 shall be available
    for the Office of the Assistant Secretary for Budget and Programs; not
    to exceed $2,383,000 shall be available for the Office of the Assistant
    Secretary for Governmental Affairs; not to exceed $23,750,000 shall be
    available for the Office of the Assistant Secretary for Administration;
    not to exceed $1,986,000 shall be available for the Office of Public
    Affairs; not to exceed $1,516,000 shall be available for the Office of
    the Executive Secretariat; not to exceed $1,335,000 shall be available
    for the Office of Small and Disadvantaged Business Utilization; not to
    exceed $7,874,000 for the Office of Intelligence, Security, and
    Emergency Response; and not to exceed $11,887,000 shall be available
    for the Office of the Chief Information Officer: Provided, That the
    Secretary of Transportation is authorized to transfer funds
    appropriated for any office of the Office of the Secretary to any other
    office of the Office of the Secretary: Provided further, That no
    appropriation for any office shall be increased or decreased by more
    than 5 percent by all such transfers: Provided further, That notice of
    any change in funding greater than 5 percent shall be submitted for
    approval to the House and Senate Committees on Appropriations: Provided
    further, That not to exceed $60,000 shall be for allocation within the
    Department for official reception and representation expenses as the
    Secretary may determine: Provided further, That notwithstanding any
    other provision of law, excluding fees authorized in Public Law 107-71,
    there may be credited to this appropriation up to $2,500,000 in funds
    received in user fees: Provided further, That none of the funds
    provided in this Act shall be available for the position of Assistant
    Secretary for Public Affairs.

                             office of civil rights

        For necessary expenses of the Office of Civil Rights, $9,140,900.

               transportation planning, research, and development

        For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, to remain available until expended, $13,883,900.

                              working capital fund

        Necessary expenses for operating costs and capital outlays of the
    Working Capital Fund, not to exceed $128,094,000, shall be paid from
    appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis
    to entities within the Department of Transportation: Provided further,
    That the above limitation on operating expenses shall not apply to non-
    DOT entities: Provided further, That no funds appropriated in this Act
    to an agency of the Department shall be transferred to the Working
    Capital Fund without the approval of the agency modal administrator:
    Provided further, That no assessments may be levied against any
    program, budget activity, subactivity or project funded by this Act
    unless notice of such assessments and the basis therefor are presented
    to the House and Senate Committees on Appropriations and are approved
    by such Committees.

                   minority business resource center program

        For the cost of guaranteed loans, $370,000, as authorized by 49
    U.S.C. 332: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That these funds are available to
    subsidize total loan principal, any part of which is to be guaranteed,
    not to exceed $18,367,000. In addition, for administrative expenses to
    carry out the guaranteed loan program, $523,000.

                           minority business outreach

        For necessary expenses of Minority Business Resource Center
    outreach activities, $2,970,000, to remain available until September
    30, 2009: Provided, That notwithstanding 49 U.S.C. 332, these funds may
    be used for business opportunities related to any mode of
    transportation.

                            payments to air carriers

                        (airport and airway trust fund)

                         (including transfer of funds)

        In addition to funds made available from any other source to carry
    out the essential air service program under 49 U.S.C. 41731 through
    41742, $60,000,000, to be derived from the Airport and Airway Trust
    Fund, to remain available until expended: Provided, That, in
    determining between or among carriers competing to provide service to a
    community, the Secretary may consider the relative subsidy requirements
    of the carriers: Provided further, That, if the funds under this
    heading are insufficient to meet the costs of the essential air service
    program in the current fiscal year, the Secretary shall transfer such
    sums as may be necessary to carry out the essential air service program
    from any available amounts appropriated to or directly administered by
    the Office of the Secretary for such fiscal year.

                         compensation for air carriers

                                  (rescission)

        Of the remaining unobligated balances under section 101(a)(2) of
    Public Law 107-42, $22,000,000 are rescinded.

      administrative provisions--office of the secretary of transportation

        Sec. 101. The Secretary of Transportation is authorized to transfer
    the unexpended balances available for the bonding assistance program
    from ``Office of the Secretary, Salaries and expenses'' to ``Minority
    Business Outreach''.
        Sec. 102. None of the funds made available in this Act to the
    Department of Transportation may be obligated for the Office of the
    Secretary of Transportation to approve assessments or reimbursable
    agreements pertaining to funds appropriated to the modal
    administrations in this Act, except for activities underway on the date
    of enactment of this Act, unless such assessments or agreements have
    completed the normal reprogramming process for Congressional
    notification.
        Sec. 103. None of the funds made available under this Act may be
    obligated or expended to establish or implement a program under which
    essential air service communities are required to assume subsidy costs
    commonly referred to as the EAS local participation program.

                        Federal Aviation Administration

                                   operations

                        (airport and airway trust fund)

        For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the
    public, lease or purchase of passenger motor vehicles for replacement
    only, in addition to amounts made available by Public Law 108-176,
    $8,740,000,000, of which $6,397,060,900 shall be derived from the
    Airport and Airway Trust Fund, of which not to exceed $6,969,638,000
    shall be available for air traffic organization activities; not to
    exceed $1,082,602,000 shall be available for aviation safety
    activities; not to exceed $12,549,000 shall be available for commercial
    space transportation activities; not to exceed $100,593,000 shall be
    available for financial services activities; not to exceed $91,214,000
    shall be available for human resources program activities; not to
    exceed $286,848,000 shall be available for region and center operations
    and regional coordination activities; not to exceed $162,351,000 shall
    be available for staff offices; and not to exceed $38,650,000 shall be
    available for information services: Provided, That not to exceed 2
    percent of any budget activity, except for aviation safety budget
    activity, may be transferred to any budget activity under this heading:
    Provided further, That no transfer may increase or decrease any
    appropriation by more than 2 percent: Provided further, That any
    transfer in excess of 2 percent shall be treated as a reprogramming of
    funds under section 405 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 utilize not
    less than $6,000,000 of the funds provided for aviation safety
    activities to pay for staff increases in the Office of Aviation Flight
    Standards and the Office of Aircraft Certification: Provided further,
    That not later than March 31 of each fiscal year hereafter, the
    Administrator of the Federal Aviation Administration shall transmit to
    Congress an annual update to the report submitted to Congress in
    December 2004 pursuant to section 221 of Public Law 108-176: Provided
    further, That the amount herein appropriated shall be reduced by
    $100,000 for each day after March 31 that such report has not been
    submitted to the Congress: Provided further, That funds may be used to
    enter into a grant agreement with a nonprofit standard-setting
    organization to assist in the development of aviation safety standards:
    Provided further, That none of the funds in this Act shall be available
    for new applicants for the second career training program: Provided
    further, That none of the funds in this Act shall be available for the
    Federal Aviation Administration to finalize or implement any regulation
    that would promulgate new aviation user fees not specifically
    authorized by law after the date of the enactment of this Act: Provided
    further, That there may be credited to this appropriation funds
    received from States, counties, municipalities, foreign authorities,
    other public authorities, and private sources, for expenses incurred in
    the provision of agency services, including receipts for the
    maintenance and operation of air navigation facilities, and for
    issuance, renewal or modification of certificates, including airman,
    aircraft, and repair station certificates, or for tests related
    thereto, or for processing major repair or alteration forms: Provided
    further, That of the funds appropriated under this heading, not less
    than $8,500,000 shall be for the contract tower cost-sharing program:
    Provided further, That none of the funds in this Act shall be available
    for paying premium pay under 5 U.S.C. 5546(a) to any Federal Aviation
    Administration employee unless such employee actually performed work
    during the time corresponding to such premium pay: Provided further,
    That none of the funds in this Act for aeronautical charting and
    cartography are available for activities conducted by, or coordinated
    through, the Working Capital Fund: Provided further, That none of the
    funds in this Act may be obligated or expended for an employee of the
    Federal Aviation Administration to purchase a store gift card or gift
    certificate through use of a Government-issued credit card.

                            facilities and equipment

                        (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for
    acquisition, establishment, technical support services, improvement by
    contract or purchase, and hire of air navigation and experimental
    facilities and equipment, as authorized under part A of subtitle VII of
    title 49, United States Code, including initial acquisition of
    necessary sites by lease or grant; engineering and service testing,
    including construction of test facilities and acquisition of necessary
    sites by lease or grant; construction and furnishing of quarters and
    related accommodations for officers and employees of the Federal
    Aviation Administration stationed at remote localities where such
    accommodations are not available; and the purchase, lease, or transfer
    of aircraft from funds available under this heading, including aircraft
    for aviation regulation and certification; to be derived from the
    Airport and Airway Trust Fund, $2,513,611,000, of which $2,053,638,000
    shall remain available until September 30, 2010, and of which
    $459,973,000 shall remain available until September 30, 2008: Provided,
    That there may be credited to this appropriation funds received from
    States, counties, municipalities, other public authorities, and private
    sources, for expenses incurred in the establishment and modernization
    of air navigation facilities: Provided further, That upon initial
    submission to the Congress of the fiscal year 2009 President's budget,
    the Secretary of Transportation shall transmit to the Congress a
    comprehensive capital investment plan for the Federal Aviation
    Administration which includes funding for each budget line item for
    fiscal years 2009 through 2013, with total funding for each year of the
    plan constrained to the funding targets for those years as estimated
    and approved by the Office of Management and Budget.

                     research, engineering, and development

                        (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle
    VII of title 49, United States Code, including construction of
    experimental facilities and acquisition of necessary sites by lease or
    grant, $146,828,100, to be derived from the Airport and Airway Trust
    Fund and to remain available until September 30, 2010: Provided, That
    there may be credited to this appropriation as offsetting collections,
    funds received from States, counties, municipalities, other public
    authorities, and private sources, which shall be available for expenses
    incurred for research, engineering, and development.

                           grants-in-aid for airports

                    (liquidation of contract authorization)

                          (limitation on obligations)

                        (airport and airway trust fund)

        For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $4,399,000,000 to be derived from the Airport and Airway
    Trust Fund and to remain available until expended: Provided, That none
    of the funds under this heading shall be available for the planning or
    execution of programs the obligations for which are in excess of
    $3,514,500,000 in fiscal year 2008, notwithstanding section 47117(g) of
    title 49, United States Code: Provided further, That none of the funds
    under this heading shall be available for the replacement of baggage
    conveyor systems, reconfiguration of terminal baggage areas, or other
    airport improvements that are necessary to install bulk explosive
    detection systems: Provided further, That notwithstanding any other
    provision of law, of funds limited under this heading, not more than
    $80,676,000 shall be obligated for administration, not less than
    $10,000,000 shall be available for the airport cooperative research
    program, not less than $18,712,000 shall be for Airport Technology
    Research and $10,000,000, to remain available until expended, shall be
    available and transferred to ``Office of the Secretary, Salaries and
    Expenses'' to carry out the Small Community Air Service Development
    Program.

                                  (rescission)

        Of the amounts authorized under sections 48103 and 48112 of title
    49, United States Code, $185,500,000 is rescinded from amounts
    authorized for the fiscal year ending September 30, 2007, and prior
    years; and $85,000,000 is rescinded from amounts authorized for the
    fiscal year ending September 30, 2008.

           administrative provisions--federal aviation administration

        Sec. 110. None of the funds in this Act may be used to compensate
    in excess of 425 technical staff-years under the federally funded
    research and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 2008.
        Sec. 111. None of the funds in this Act shall be used to pursue or
    adopt guidelines or regulations requiring airport sponsors to provide
    to the Federal Aviation Administration without cost building
    construction, maintenance, utilities and expenses, or space in airport
    sponsor-owned buildings for services relating to air traffic control,
    air navigation, or weather reporting: Provided, That the prohibition of
    funds in this section does not apply to negotiations between the agency
    and airport sponsors to achieve agreement on ``below-market'' rates for
    these items or to grant assurances that require airport sponsors to
    provide land without cost to the FAA for air traffic control
    facilities.
        Sec. 112. The Administrator of the Federal Aviation Administration
    may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
    from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
    year 2008, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
    in such account at the close of that fiscal year may be made available
    to satisfy section 41742(a)(1) for the subsequent fiscal year.
        Sec. 113. Amounts collected under section 40113(e) of title 49,
    United States Code, shall be credited to the appropriation current at
    the time of collection, to be merged with and available for the same
    purposes of such appropriation.
        Sec. 114. (a) Section 44302(f)(1) of title 49, United States Code,
    is amended by striking ``2006,'' each place it appears and inserting
    ``2008,''.
        (b) Section 44303(b) of such title is amended by striking ``2006,''
    and inserting ``2008,''.
        Sec. 115. None of the funds appropriated or limited by this Act may
    be used to change weight restrictions or prior permission rules at
    Teterboro airport in Teterboro, New Jersey.
        Sec. 116. Extension of Taxes and Expenditure Authority Relating to
    Airport and Airway Trust Fund. (a) Fuel Taxes.--Subparagraph (B) of
    section 4081(d)(2) of the Internal Revenue Code of 1986 is amended by
    striking ``September 30, 2007'' and inserting ``February 29, 2008''.
        (b) Ticket Taxes.--
                (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of such
            Code is amended by striking ``September 30, 2007'' and
            inserting ``February 29, 2008''.
                (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
            Code is amended by striking ``September 30, 2007'' and
            inserting ``February 29, 2008''.
        (c) Airport and Airway Trust Fund Expenditure Authority.--
                (1) In general.--Paragraph (1) of section 9502(d) of such
            Code is amended--
                        (A) by striking ``October 1, 2007'' and inserting
                    ``March 1, 2008'', and
                        (B) by inserting ``or the Department of
                    Transportation Appropriations Act, 2008'' in
                    subparagraph (A) before the semicolon at the end.
                (2) Conforming amendment.--Paragraph (2) of section 9502(f)
            of such Code is amended by striking ``October 1, 2007'' and
            inserting ``March 1, 2008''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2007.
        Sec. 117. Labor Integration. (a) Labor Integration.--With respect
    to any covered transaction involving two or more covered air carriers
    that results in the combination of crafts or classes that are subject
    to the Railway Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13 of
    the labor protective provisions imposed by the Civil Aeronautics Board
    in the Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall
    apply to the integration of covered employees of the covered air
    carriers; except that--
                (1) if the same collective bargaining agent represents the
            combining crafts or classes at each of the covered air
            carriers, that collective bargaining agent's internal policies
            regarding integration, if any, will not be affected by and will
            supersede the requirements of this section; and
                (2) the requirements of any collective bargaining agreement
            that may be applicable to the terms of integration involving
            covered employees of a covered air carrier shall not be
            affected by the requirements of this section as to the
            employees covered by that agreement, so long as those
            provisions allow for the protections afforded by sections 3 and
            13 of the Allegheny-Mohawk provisions.
        (b) Definitions.--In this section, the following definitions apply:
                (1) Air carrier.--The term ``air carrier'' means an air
            carrier that holds a certificate issued under chapter 411 of
            title 49, United States Code.
                (2) Covered air carrier.--The term ``covered air carrier''
            means an air carrier that is involved in a covered transaction.
                (3) Covered employee.--The term ``covered employee'' means
            an employee who--
                        (A) is not a temporary employee; and
                        (B) is a member of a craft or class that is subject
                    to the Railway Labor Act (45 U.S.C. 151 et seq.).
                (4) Covered transaction.--The term ``covered transaction''
            means--
                        (A) a transaction for the combination of multiple
                    air carriers into a single air carrier; and which
                        (B) involves the transfer of ownership or control
                    of--
                                (i) 50 percent or more of the equity
                            securities (as defined in section 101 of title
                            11, United States Code) of an air carrier; or
                                (ii) 50 percent or more (by value) of the
                            assets of the air carrier.
        (c) Application.--This section shall not apply to any covered
    transaction involving a covered air carrier that took place before the
    date of enactment of this Act.
        (d) Effectiveness of Provision.--This section shall become
    effective on the date of enactment of this Act and shall continue in
    effect in fiscal years after fiscal year 2008.

                         Federal Highway Administration

                     limitation on administrative expenses

        Not to exceed $377,556,000, together with advances and
    reimbursements received by the Federal Highway Administration, shall be
    paid in accordance with law from appropriations made available by this
    Act to the Federal Highway Administration for necessary expenses for
    administration and operation.

                              federal-aid highways

                          (limitation on obligations)

                              (highway trust fund)

                         (including transfer of funds)

        None of the funds in this Act shall be available for the
    implementation or execution of programs, the obligations for which are
    in excess of $40,216,051,359 for Federal-aid highways and highway
    safety construction programs for fiscal year 2008: Provided, That
    within the $40,216,051,359 obligation limitation on Federal-aid
    highways and highway safety construction programs, not more than
    $429,800,000 shall be available for the implementation or execution of
    programs for transportation research (chapter 5 of title 23, United
    States Code; sections 111, 5505, and 5506 of title 49, United States
    Code; and title 5 of Public Law 109-59) for fiscal year 2008: Provided
    further, That this limitation on transportation research programs shall
    not apply to any authority previously made available for obligation:
    Provided further, That the Secretary may, as authorized by section
    605(b) of title 23, United States Code, collect and spend fees to cover
    the costs of services of expert firms, including counsel, in the field
    of municipal and project finance to assist in the underwriting and
    servicing of Federal credit instruments and all or a portion of the
    costs to the Federal Government of servicing such credit instruments:
    Provided further, That such fees are available until expended to pay
    for such costs: Provided further, That such amounts are in addition to
    administrative expenses that are also available for such purpose, and
    are not subject to any obligation limitation or the limitation on
    administrative expenses under section 608 of title 23, United States
    Code.

                       (additional obligation limitation)

                              (highway trust fund)

        For an additional amount of obligation limitation to be distributed
    for the purpose of section 144(e) of title 23, United States Code,
    $1,000,000,000: Provided, That such obligation limitation shall be used
    only for a purpose eligible for obligation with funds apportioned under
    such section and shall be distributed in accordance with the formula in
    such section: Provided further, That such obligation limitation shall
    remain available for a period of three fiscal years and shall be in
    addition to the amount of any limitation imposed on obligations for
    Federal-aid highway and highway safety construction programs for future
    fiscal years: Provided further, That in distributing obligation
    authority under this paragraph, the Secretary shall ensure that such
    obligation limitation shall supplement and not supplant each State's
    planned obligations for such purposes.

                    (liquidation of contract authorization)

                              (highway trust fund)

        For carrying out the provisions of title 23, United States Code,
    that are attributable to Federal-aid highways, not otherwise provided,
    including reimbursement for sums expended pursuant to the provisions of
    23 U.S.C. 308, $41,955,051,359 or so much thereof as may be available
    in and derived from the Highway Trust Fund (other than the Mass Transit
    Account), to remain available until expended.

                                  (rescission)

                              (highway trust fund)

        Of the unobligated balances of funds apportioned to each State
    under chapter 1 of title 23, United States Code, $3,150,000,000 are
    rescinded: Provided, That such rescission shall not apply to the funds
    distributed in accordance with sections 130(f) and 104(b)(5) of title
    23, United States Code; sections 133(d)(1) and 163 of such title, as in
    effect on the day before the date of enactment of Public Law 109-59;
    and the first sentence of section 133(d)(3)(A) of such title.

                     i-35w bridge repair and reconstruction

        For necessary expenses to carry out the project for repair and
    reconstruction of the Interstate 35W bridge located in Minneapolis,
    Minnesota, that collapsed on August 1, 2007, as authorized under
    section 1(c) of Public Law 110-56, up to $195,000,000, as documented by
    the Minnesota Department of Transportation to remain available until
    expended: Provided, That the amount provided under this heading is
    designated as described in section 5 (in the matter preceding division
    A of this consolidated Act): Provided further, That the Federal share
    of the costs of any project funded using amounts made available under
    this section shall be 100 percent in accordance with section 1(b) of
    Public Law 110-56.

                     appalachian development highway system

        For necessary expenses for West Virginia corridor H of the
    Appalachian Development Highway System as authorized under section
    1069(y) of Public Law 102-240, as amended, $15,680,000, to remain
    available until expended.

               delta regional transportation development program

        For necessary expenses for the Delta Regional Transportation
    Development Program as authorized under section 1308 of Public Law 109-
    59, $14,014,000, to remain available until expended.

           administrative provisions--federal highway administration

                            (including rescissions)

        Sec. 120. (a) For fiscal year 2008, the Secretary of Transportation
    shall--
                (1) not distribute from the obligation limitation for
            Federal-aid highways amounts authorized for administrative
            expenses and programs by section 104(a) of title 23, United
            States Code; programs funded from the administrative takedown
            authorized by section 104(a)(1) of title 23, United States Code
            (as in effect on the date before the date of enactment of the
            Safe, Accountable, Flexible, Efficient Transportation Equity
            Act: A Legacy for Users); the highway use tax evasion program;
            the programs, projects and activities funded by the set aside
            authorized by section 129 of this Act; the Bureau of
            Transportation Statistics; and additional obligation limitation
            provided in this Act for the purpose of section 144(e) of title
            23, United States Code;
                (2) not distribute an amount from the obligation limitation
            for Federal-aid highways that is equal to the unobligated
            balance of amounts made available from the Highway Trust Fund
            (other than the Mass Transit Account) for Federal-aid highways
            and highway safety programs for previous fiscal years the funds
            for which are allocated by the Secretary;
                (3) determine the ratio that--
                        (A) the obligation limitation for Federal-aid
                    highways, less the aggregate of amounts not distributed
                    under paragraphs (1) and (2), bears to
                        (B) the total of the sums authorized to be
                    appropriated for Federal-aid highways and highway
                    safety construction programs (other than sums
                    authorized to be appropriated for provisions of law
                    described in paragraphs (1) through (9) of subsection
                    (b) and sums authorized to be appropriated for section
                    105 of title 23, United States Code, equal to the
                    amount referred to in subsection (b)(10) for such
                    fiscal year), less the aggregate of the amounts not
                    distributed under paragraphs (1) and (2) of this
                    subsection;
                (4)(A) distribute the obligation limitation for Federal-aid
            highways, less the aggregate amounts not distributed under
            paragraphs (1) and (2), for sections 1301, 1302, and 1934 of
            the Safe, Accountable, Flexible, Efficient Transportation
            Equity Act: A Legacy for Users; sections 117 (but individually
            for each project numbered 1 through 3676 listed in the table
            contained in section 1702 of the Safe, Accountable, Flexible,
            Efficient Transportation Equity Act: A Legacy for Users) and
            144(g) of title 23, United States Code; and section 14501 of
            title 40, United States Code, so that the amount of obligation
            authority available for each of such sections is equal to the
            amount determined by multiplying the ratio determined under
            paragraph (3) by the sums authorized to be appropriated for
            that section for the fiscal year; and
                (B) distribute $2,000,000,000 for section 105 of title 23,
            United States Code;
                (5) distribute the obligation limitation provided for
            Federal-aid highways, less the aggregate amounts not
            distributed under paragraphs (1) and (2) and amounts
            distributed under paragraph (4), for each of the programs that
            are allocated by the Secretary under the Safe, Accountable,
            Flexible, Efficient Transportation Equity Act: A Legacy for
            Users and title 23, United States Code (other than to programs
            to which paragraphs (1) and (4) apply), by multiplying the
            ratio determined under paragraph (3) by the amounts authorized
            to be appropriated for each such program for such fiscal year;
            and
                (6) distribute the obligation limitation provided for
            Federal-aid highways, less the aggregate amounts not
            distributed under paragraphs (1) and (2) and amounts
            distributed under paragraphs (4) and (5), for Federal-aid
            highways and highway safety construction programs (other than
            the amounts apportioned for the equity bonus program, but only
            to the extent that the amounts apportioned for the equity bonus
            program for the fiscal year are greater than $2,639,000,000,
            and the Appalachian development highway system program) that
            are apportioned by the Secretary under the Safe, Accountable,
            Flexible, Efficient Transportation Equity Act: A Legacy for
            Users and title 23, United States Code, in the ratio that--
                        (A) amounts authorized to be appropriated for such
                    programs that are apportioned to each State for such
                    fiscal year, bear to
                        (B) the total of the amounts authorized to be
                    appropriated for such programs that are apportioned to
                    all States for such fiscal year.
        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations: (1)
    under section 125 of title 23, United States Code; (2) under section
    147 of the Surface Transportation Assistance Act of 1978; (3) under
    section 9 of the Federal-Aid Highway Act of 1981; (4) under subsections
    (b) and (j) of section 131 of the Surface Transportation Assistance Act
    of 1982; (5) under subsections (b) and (c) of section 149 of the
    Surface Transportation and Uniform Relocation Assistance Act of 1987;
    (6) under sections 1103 through 1108 of the Intermodal Surface
    Transportation Efficiency Act of 1991; (7) under section 157 of title
    23, United States Code, as in effect on the day before the date of the
    enactment of the Transportation Equity Act for the 21st Century; (8)
    under section 105 of title 23, United States Code, as in effect for
    fiscal years 1998 through 2004, but only in an amount equal to
    $639,000,000 for each of those fiscal years; (9) for Federal-aid
    highway programs for which obligation authority was made available
    under the Transportation Equity Act for the 21st Century or subsequent
    public laws for multiple years or to remain available until used, but
    only to the extent that the obligation authority has not lapsed or been
    used; (10) under section 105 of title 23, United States Code, but only
    in an amount equal to $639,000,000 for each of fiscal years 2005
    through 2008; and (11) under section 1603 of the Safe, Accountable,
    Flexible, Efficient Transportation Equity Act: A Legacy for Users, to
    the extent that funds obligated in accordance with that section were
    not subject to a limitation on obligations at the time at which the
    funds were initially made available for obligation.
        (c) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (a), the Secretary shall, after August 1 of such fiscal
    year, revise a distribution of the obligation limitation made available
    under subsection (a) if the amount distributed cannot be obligated
    during that fiscal year and redistribute sufficient amounts to those
    States able to obligate amounts in addition to those previously
    distributed during that fiscal year, giving priority to those States
    having large unobligated balances of funds apportioned under sections
    104 and 144 of title 23, United States Code.
        (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--The obligation limitation shall apply to
    transportation research programs carried out under chapter 5 of title
    23, United States Code, and title V (research title) of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
    for Users, except that obligation authority made available for such
    programs under such limitation shall remain available for a period of 3
    fiscal years and shall be in addition to the amount of any limitation
    imposed on obligations for Federal-aid highway and highway safety
    construction programs for future fiscal years.
        (e) Redistribution of Certain Authorized Funds.--
                (1) In general.--Not later than 30 days after the date of
            the distribution of obligation limitation under subsection (a),
            the Secretary shall distribute to the States any funds that--
                        (A) are authorized to be appropriated for such
                    fiscal year for Federal-aid highways programs; and
                        (B) the Secretary determines will not be allocated
                    to the States, and will not be available for
                    obligation, in such fiscal year due to the imposition
                    of any obligation limitation for such fiscal year.
                (2) Ratio.--Funds shall be distributed under paragraph (1)
            in the same ratio as the distribution of obligation authority
            under subsection (a)(6).
                (3) Availability.--Funds distributed under paragraph (1)
            shall be available for any purposes described in section 133(b)
            of title 23, United States Code.
        (f) Special Limitation Characteristics.--Obligation limitation
    distributed for a fiscal year under subsection (a)(4) for the provision
    specified in subsection (a)(4) shall--
                (1) remain available until used for obligation of funds for
            that provision; and
                (2) be in addition to the amount of any limitation imposed
            on obligations for Federal-aid highway and highway safety
            construction programs for future fiscal years.
        (g) High Priority Project Flexibility.--
                (1) In general.--Subject to paragraph (2), obligation
            authority distributed for such fiscal year under subsection
            (a)(4) for each project numbered 1 through 3676 listed in the
            table contained in section 1702 of the Safe, Accountable,
            Flexible, Efficient Transportation Equity Act: A Legacy for
            Users may be obligated for any other project in such section in
            the same State.
                (2) Restoration.--Obligation authority used as described in
            paragraph (1) shall be restored to the original purpose on the
            date on which obligation authority is distributed under this
            section for the next fiscal year following obligation under
            paragraph (1).
        (h) Limitation on Statutory Construction.--Nothing in this section
    shall be construed to limit the distribution of obligation authority
    under subsection (a)(4)(A) for each of the individual projects numbered
    greater than 3676 listed in the table contained in section 1702 of the
    Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users.
        Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited
    to the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
        Sec. 122. Of the unobligated balances made available under sections
    1103, 1104, 1105, 1106(a), 1106(b), 1107, and 1108 of Public Law 102-
    240, $1,292,287.73 are rescinded.
        Sec. 123. Of the unobligated balances made available under section
    1602 of Public Law 105-178, $5,987,345.70 are rescinded.
        Sec. 124. Of the unobligated balances made available under section
    188(a)(1) of title 23, United States Code, as in effect on the day
    before the date of enactment of Public Law 109-59, and under section
    608(a)(1) of such title, $256,806,000 are rescinded.
        Sec. 125. Of the amounts made available under section 104(a) of
    title 23, United States Code, $43,358,601 are rescinded.
        Sec. 126. Of the unobligated balances of funds made available in
    fiscal year 2005 and prior fiscal years for the implementation or
    execution of programs for transportation research, training and
    education, and technology deployment including intelligent
    transportation systems, $239,801,603 are rescinded.
        Sec. 127. Of the amounts made available for ``Highway Related
    Safety Grants'' by section 402 of title 23, United States Code, and
    administered by the Federal Highway Administration, $11,314 in
    unobligated balances are rescinded.
        Sec. 128. Of the unobligated balances made available under Public
    Law 101-516, Public Law 102-143, Public Law 103-331, Public Law 106-
    346, Public Law 107-87, and Public Law 108-7, $4,753,687.26 are
    rescinded.
        Sec. 129. Notwithstanding any other provision of law, the Secretary
    of Transportation shall set aside from revenue aligned budget authority
    authorized for fiscal year 2008 under section 110 of title 23, United
    States Code, such sums as may be necessary for the programs, projects
    and activities at the level of 98 percent of the corresponding amounts
    identified under this section in the explanatory statement accompanying
    this Act: Provided, That funds set aside by this section, at the
    request of a State, shall be transferred by the Secretary to another
    Federal agency: Provided further, That the Federal share payable on
    account of any program, project, or activity carried out with funds set
    aside by this section shall be 100 percent: Provided further, That the
    sums set aside by this section shall remain available until expended:
    Provided further, That all funds set aside by this section shall be
    subject to any limitation on obligations for Federal-aid highways and
    highway safety construction programs set forth in this Act or any other
    Act: Provided further, That the obligation limitation made available
    for the programs, projects, and activities for which funds are set
    aside by this section shall remain available until used and shall be in
    addition to the amount of any limitation imposed on obligations for
    Federal-aid highway and highway safety construction programs for future
    fiscal years: Provided further, That amounts authorized for fiscal year
    2008 for revenue aligned budget authority under such section in excess
    of the amount set aside by the first clause of this section are
    rescinded.
        Sec. 130. Not less than 15 days prior to waiving, under her
    statutory authority, any Buy America requirement for Federal-aid
    highway projects, the Secretary of Transportation shall make an
    informal public notice and comment opportunity on the intent to issue
    such waiver and the reasons therefor: Provided, That the Secretary
    shall provide an annual report to the Appropriations Committees of the
    Congress on any waivers granted under the Buy America requirements.
        Sec. 131. Notwithstanding any other provision of law, amounts
    authorized for fiscal year 2008 for programs under sections 1305 and
    1502 of Public Law 109-59 and section 503(b) of title 23, United States
    Code, are rescinded.

                  Federal Motor Carrier Safety Administration

                  motor carrier safety operations and programs

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

                             (including rescission)

        For payment of obligations incurred for administration of motor
    carrier safety operations and programs pursuant to section 31104(i) of
    title 49, United States Code, and sections 4127 and 4134 of Public Law
    109-59, $229,654,000, to be derived from the Highway Trust Fund (other
    than the Mass Transit Account), together with advances and
    reimbursements received by the Federal Motor Carrier Safety
    Administration, the sum of which shall remain available until expended:
    Provided, That none of the funds derived from the Highway Trust Fund in
    this Act shall be available for the implementation, execution or
    administration of programs, the obligations for which are in excess of
    $229,654,000, for ``Motor Carrier Safety Operations and Programs'', of
    which $8,900,000, to remain available for obligation until September
    30, 2010, is for the research and technology program and $1,000,000
    shall be available for commercial motor vehicle operator's grants to
    carry out section 4134 of Public Law 109-59: Provided further, That
    notwithstanding any other provision of law, none of the funds under
    this heading for outreach and education shall be available for
    transfer: Provided further, That $1,815,553 in unobligated balances are
    rescinded.

                          motor carrier safety grants

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

                             (including rescission)

        For payment of obligations incurred in carrying out sections 31102,
    31104(a), 31106, 31107, 31109, 31309, 31313 of title 49, United States
    Code, and sections 4126 and 4128 of Public Law 109-59, $300,000,000, to
    be derived from the Highway Trust Fund (other than the Mass Transit
    Account) and to remain available until expended: Provided, That none of
    the funds in this Act shall be available for the implementation or
    execution of programs, the obligations for which are in excess of
    $300,000,000, for ``Motor Carrier Safety Grants''; of which
    $202,000,000 shall be available for the motor carrier safety assistance
    program to carry out sections 31102 and 31104(a) of title 49, United
    States Code; $25,000,000 shall be available for the commercial driver's
    license improvements program to carry out section 31313 of title 49,
    United States Code; $32,000,000 shall be available for the border
    enforcement grants program to carry out section 31107 of title 49,
    United States Code; $5,000,000 shall be available for the performance
    and registration information system management program to carry out
    sections 31106(b) and 31109 of title 49, United States Code;
    $25,000,000 shall be available for the commercial vehicle information
    systems and networks deployment program to carry out section 4126 of
    Public Law 109-59; $3,000,000 shall be available for the safety data
    improvement program to carry out section 4128 of Public Law 109-59; and
    $8,000,000 shall be available for the commercial driver's license
    information system modernization program to carry out section 31309(e)
    of title 49, United States Code: Provided further, That of the funds
    made available for the motor carrier safety assistance program,
    $29,000,000 shall be available for audits of new entrant motor
    carriers: Provided further, That $11,260,214 in unobligated balances
    are rescinded.

                              motor carrier safety

                              (highway trust fund)

                                  (rescission)

        Of the amounts made available under this heading in prior
    appropriations Acts, $32,187,720 in unobligated balances are rescinded.

                     national motor carrier safety program

                              (highway trust fund)

                                  (rescission)

        Of the amounts made available under this heading in prior
    appropriations Act, $5,212,858 in unobligated balances are rescinded.

     administrative provisions--federal motor carrier safety administration

        Sec. 135. Funds appropriated or limited in this Act shall be
    subject to the terms and conditions stipulated in section 350 of Public
    Law 107-87 and section 6901 of Public Law 110-28, including that the
    Secretary submit a report to the House and Senate Appropriations
    Committees annually on the safety and security of transportation into
    the United States by Mexico-domiciled motor carriers.
        Sec. 136. None of the funds made available under this Act may be
    used to establish a cross-border motor carrier demonstration program to
    allow Mexico-domiciled motor carriers to operate beyond the commercial
    zones along the international border between the United States and
    Mexico.

                 National Highway Traffic Safety Administration

                            operations and research

        For expenses necessary to discharge the functions of the Secretary,
    with respect to traffic and highway safety under subtitle C of title X
    of Public Law 109-59, chapter 301 of title 49, United States Code, and
    part C of subtitle VI of title 49, United States Code, $126,572,000, of
    which $26,156,000 shall remain available until September 30, 2010:
    Provided, That none of the funds appropriated by this Act may be
    obligated or expended to plan, finalize, or implement any rulemaking to
    add to section 575.104 of title 49 of the Code of Federal Regulations
    any requirement pertaining to a grading standard that is different from
    the three grading standards (treadwear, traction, and temperature
    resistance) already in effect.

                            operations and research

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 403, $107,750,000, to be derived from the Highway Trust
    Fund (other than the Mass Transit Account) and to remain available
    until expended: Provided, That none of the funds in this Act shall be
    available for the planning or execution of programs the total
    obligations for which, in fiscal year 2008, are in excess of
    $107,750,000 for programs authorized under 23 U.S.C. 403.

                            national driver register

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out chapter 303 of
    title 49, United States Code, $4,000,000, to be derived from the
    Highway Trust Fund (other than the Mass Transit Account) and to remain
    available until expended: Provided, That none of the funds in this Act
    shall be available for the implementation or execution of programs the
    total obligations for which, in fiscal year 2008, are in excess of
    $4,000,000 for the National Driver Register authorized under such
    chapter.

                         highway traffic safety grants

                    (liquidation of contract authorization)

                          (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11),
    2009, 2010, and 2011 of Public Law 109-59, to remain available until
    expended, $599,250,000 to be derived from the Highway Trust Fund (other
    than the Mass Transit Account): Provided, That none of the funds in
    this Act shall be available for the planning or execution of programs
    the total obligations for which, in fiscal year 2008, are in excess of
    $599,250,000 for programs authorized under 23 U.S.C. 402, 405, 406,
    408, and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public
    Law 109-59, of which $225,000,000 shall be for ``Highway Safety
    Programs'' under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant
    Protection Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall
    be for ``Safety Belt Performance Grants'' under 23 U.S.C. 406;
    $34,500,000 shall be for ``State Traffic Safety Information System
    Improvements'' under 23 U.S.C. 408; $131,000,000 shall be for
    ``Alcohol-Impaired Driving Countermeasures Incentive Grant Program''
    under 23 U.S.C. 410; $18,250,000 shall be for ``Administrative
    Expenses'' under section 2001(a)(11) of Public Law 109-59; $29,000,000
    shall be for ``High Visibility Enforcement Program'' under section 2009
    of Public Law 109-59; $6,000,000 shall be for ``Motorcyclist Safety''
    under section 2010 of Public Law 109-59; and $6,000,000 shall be for
    ``Child Safety and Child Booster Seat Safety Incentive Grants'' under
    section 2011 of Public Law 109-59: Provided further, That none of these
    funds shall be used for construction, rehabilitation, or remodeling
    costs, or for office furnishings and fixtures for State, local or
    private buildings or structures: Provided further, That not to exceed
    $500,000 of the funds made available for section 410 ``Alcohol-Impaired
    Driving Countermeasures Grants'' shall be available for technical
    assistance to the States: Provided further, That not to exceed $750,000
    of the funds made available for the ``High Visibility Enforcement
    Program'' shall be available for the evaluation required under section
    2009(f) of Public Law 109-59.

                  administrative provisions--national highway

                         traffic safety administration

                            (including rescissions)

        Sec. 140. Notwithstanding any other provision of law or limitation
    on the use of funds made available under section 403 of title 23,
    United States Code, an additional $130,000 shall be made available to
    the National Highway Traffic Safety Administration, out of the amount
    limited for section 402 of title 23, United States Code, to pay for
    travel and related expenses for State management reviews and to pay for
    core competency development training and related expenses for highway
    safety staff.
        Sec. 141. Of the amounts made available under the heading
    ``Operations and Research (Liquidation of Contract Authorization)
    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $12,197,113.60 in unobligated balances are
    rescinded.
        Sec. 142. Of the amounts made available under the heading
    ``National Driver Register (Liquidation of Contract Authorization)
    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $119,914.61 in unobligated balances are rescinded.
        Sec. 143. Of the amounts made available under the heading ``Highway
    Traffic Safety Grants (Liquidation of Contract Authorization)
    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $10,528,958 in unobligated balances are rescinded.

                        Federal Railroad Administration

                             safety and operations

        For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $150,193,499, of which $12,268,890 shall remain
    available until expended.

                       railroad research and development

        For necessary expenses for railroad research and development,
    $35,964,400, to remain available until expended.

                    capital assistance to states--intercity

                             passenger rail service

              To enable the Federal Railroad Administrator to make grants
    to States for the capital costs of improving existing intercity
    passenger rail service and providing new intercity passenger rail
    service, $30,000,000, to remain available until expended: Provided,
    That grants shall be provided to a State only on a reimbursable basis:
    Provided further, That grants cover no more than 50 percent of the
    total capital cost of a project selected for funding: Provided further,
    That no more than ten percent of funds made available under this
    program may be used for planning activities that lead directly to the
    development of a passenger rail corridor investment plan consistent
    with the requirements established by the Administrator: Provided
    further, That no later than eight months following enactment of this
    Act, the Secretary shall establish and publish criteria for project
    selection, set a deadline for grant applications, and provide a
    schedule for project selection: Provided further, That to be eligible
    for this assistance, States must include intercity passenger rail
    service as an integral part of statewide transportation planning as
    required under section 135 of title 23, United States Code: Provided
    further, That to be eligible for capital assistance the specific
    project must be on the Statewide Transportation Improvement Plan at the
    time of the application to qualify: Provided further, That the
    Secretary give priority to capital and planning applications for
    projects that improve the safety and reliability of intercity passenger
    trains, involve a commitment by freight railroads to an enforceable on-
    time performance of passenger trains of 80 percent or greater, involve
    a commitment by freight railroads of financial resources commensurate
    with the benefit expected to their operations, improve or extend
    service on a route that requires little or no Federal assistance for
    its operations, and involve a commitment by States or railroads of
    financial resources to improve the safety of highway/rail grade
    crossings over which the passenger service operates.

                railroad rehabilitation and improvement program

        The Secretary of Transportation is authorized to issue to the
    Secretary of the Treasury notes or other obligations pursuant to
    section 512 of the Railroad Revitalization and Regulatory Reform Act of
    1976 (Public Law 94-210), as amended, in such amounts and at such times
    as may be necessary to pay any amounts required pursuant to the
    guarantee of the principal amount of obligations under sections 511
    through 513 of such Act, such authority to exist as long as any such
    guaranteed obligation is outstanding: Provided, That pursuant to
    section 502 of such Act, as amended, no new direct loans or loan
    guarantee commitments shall be made using Federal funds for the credit
    risk premium during fiscal year 2008.

                  rail line relocation and improvement program

        For necessary expenses of carrying out section 20154 of title 49,
    United States Code, as authorized by section 9002 of Public Law 109-59,
    $20,145,000, to remain available until expended.

        operating grants to the national railroad passenger corporation

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation for operation of
    intercity passenger rail, $475,000,000 to remain available until
    expended: Provided, That the Secretary of Transportation shall approve
    funding to cover operating losses for the Corporation only after
    receiving and reviewing a grant request for each specific train route:
    Provided further, That each such grant request shall be accompanied by
    a detailed financial analysis, revenue projection, and capital
    expenditure projection justifying the Federal support to the
    Secretary's satisfaction: Provided further, That the Corporation is
    directed to achieve savings through operating efficiencies including,
    but not limited to, modifications to food and beverage service and
    first class service: Provided further, That the Inspector General of
    the Department of Transportation shall report to the House and Senate
    Committees on Appropriations beginning three months after the date of
    the enactment of this Act and quarterly thereafter with estimates of
    the savings accrued as a result of all operational reforms instituted
    by the Corporation: Provided further, That not later than 120 days
    after enactment of this Act, the Corporation shall transmit to the
    House and Senate Committees on Appropriations the status of its plan to
    improve the financial performance of food and beverage service and its
    plan to improve the financial performance of first class service
    (including sleeping car service): Provided further, That the
    Corporation shall report quarterly to the House and Senate Committees
    on Appropriations on its progress against the milestones and target
    dates contained in the plan provided in fiscal year 2007 and quantify
    savings realized to date on a monthly basis compared to those projected
    in the plan, identify any changes in the plan or delays in implementing
    these plans, and identify the causes of delay and proposed corrective
    measures: Provided further, That not later than 90 days after enactment
    of this Act, the Corporation shall transmit, in electronic format, to
    the Secretary, the House and Senate Committees on Appropriations, the
    House Committee on Transportation and Infrastructure and the Senate
    Committee on Commerce, Science, and Transportation a comprehensive
    business plan approved by the Board of Directors for fiscal year 2008
    under section 24104(a) of title 49, United States Code: Provided
    further, That the business plan shall include, as applicable, targets
    for ridership, revenues, and capital and operating expenses: Provided
    further, That the plan shall also include a separate accounting of such
    targets for the Northeast Corridor; commuter service; long-distance
    Amtrak service; State-supported service; each intercity train route,
    including Autotrain; and commercial activities including contract
    operations: Provided further, That the business plan shall include a
    description of the work to be funded, along with cost estimates and an
    estimated timetable for completion of the projects covered by this
    business plan: Provided further, That the Corporation shall continue to
    provide monthly reports in electronic format regarding the pending
    business plan, which shall describe the work completed to date, any
    changes to the business plan, and the reasons for such changes, and
    shall identify all sole source contract awards which shall be
    accompanied by a justification as to why said contract was awarded on a
    sole source basis: Provided further, That the Corporation's business
    plan and all subsequent supplemental plans shall be displayed on the
    Corporation's website within a reasonable timeframe following their
    submission to the appropriate entities: Provided further, That none of
    the funds under this heading may be obligated or expended until the
    Corporation agrees to continue abiding by the provisions of paragraphs
    1, 2, 5, 9, and 11 of the summary of conditions for the direct loan
    agreement of June 28, 2002, in the same manner as in effect on the date
    of enactment of this Act: Provided further, That none of the funds
    provided in this Act may be used after March 1, 2006, to support any
    route on which Amtrak offers a discounted fare of more than 50 percent
    off the normal, peak fare: Provided further, That the preceding proviso
    does not apply to routes where the operating loss as a result of the
    discount is covered by a State and the State participates in the
    setting of fares: Provided further, That of the amounts made available
    under this heading not less than $18,500,000 shall be available for the
    Amtrak Office of Inspector General.

      capital and debt service grants to the national railroad passenger
                                  corporation

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation for the maintenance and
    repair of capital infrastructure owned by the Corporation, including
    railroad equipment, rolling stock, legal mandates and other services,
    $850,000,000, to remain available until expended, of which not to
    exceed $285,000,000 shall be for debt service obligations: Provided,
    That the Secretary may retain up to one-quarter of one percent of the
    funds under this heading to fund the oversight by the Federal Railroad
    Administration of the design and implementation of capital projects
    funded by grants made under this heading: Provided further, That the
    Secretary shall approve funding for capital expenditures, including
    advance purchase orders of materials, for the Corporation only after
    receiving and reviewing a grant request for each specific capital grant
    justifying the Federal support to the Secretary's satisfaction:
    Provided further, That none of the funds under this heading may be used
    to subsidize operating losses of the Corporation: Provided further,
    That none of the funds under this heading may be used for capital
    projects not approved by the Secretary of Transportation or on the
    Corporation's fiscal year 2008 business plan: Provided further, That
    $35,000,000 of amounts made available under this heading shall be
    available until expended for capital improvements if the Corporation
    demonstrates to the Secretary's satisfaction that the Corporation has
    achieved operational savings and met ridership and revenue targets as
    defined in the Corporation's business plan: Provided further, That of
    the funds provided under this section, not less than $5,000,000 shall
    be expended for the development and implementation of a managerial cost
    accounting system, which includes average and marginal unit cost
    capability: Provided further, That within 90 days of enactment, the
    Department of Transportation Inspector General shall review and comment
    to the Secretary of Transportation and the House and Senate Committees
    on Appropriations upon the strengths and weaknesses of the system being
    developed by the Corporation and how it best can be implemented to
    improve decision making by the Board of Directors and management of the
    Corporation: Provided further, That not later than 180 days after the
    enactment of this Act, the Secretary, in consultation with the
    Corporation and the States on the Northeast Corridor, shall establish a
    common definition of what is determined to be a ``state of good
    repair'' on the Northeast Corridor and report its findings, including
    definitional areas of disagreement, to the House and Senate Committees
    on Appropriations, the House Committee on Transportation and
    Infrastructure and the Senate Committee on Commerce, Science, and
    Transportation.

           administrative provisions--federal railroad administration

        Sec. 150. Notwithstanding any other provision of this Act, funds
    provided in this Act for the National Railroad Passenger Corporation
    shall immediately cease to be available to said Corporation in the
    event that the Corporation contracts to have services provided at or
    from any location outside the United States. For purposes of this
    section, the word ``services'' shall mean any service that was, as of
    July 1, 2006, performed by a full-time or part-time Amtrak employee
    whose base of employment is located within the United States.
        Sec. 151. Not later than January 1, 2008, the Federal Railroad
    Administrator shall submit a report, and quarterly reports thereafter,
    to the House and Senate Committees on Appropriations detailing the
    Administrator's efforts at improving the on-time performance of Amtrak
    intercity rail service operating on non-Amtrak owned property. Such
    reports shall compare the most recent actual on-time performance data
    to pre-established on-time performance goals that the Administrator
    shall set for each rail service, identified by route. Such reports
    shall also include whatever other information and data regarding the
    on-time performance of Amtrak trains the Administrator deems to be
    appropriate.
        Sec. 152. The Secretary may purchase promotional items of nominal
    value for use in public outreach activities to accomplish the purposes
    of 49 U.S.C. 20134: Provided, That the Secretary shall prescribe
    guidelines for the administration of such purchases and use.
        Sec. 153. The Secretary of Transportation may receive and expend
    cash, or receive and utilize spare parts and similar items, from non-
    United States Government sources to repair damages to or replace United
    States Government owned automated track inspection cars and equipment
    as a result of third party liability for such damages, and any amounts
    collected under this subsection shall be credited directly to the
    Safety and Operations account of the Federal Railroad Administration,
    and shall remain available until expended for the repair, operation and
    maintenance of automated track inspection cars and equipment in
    connection with the automated track inspection program.

                         Federal Transit Administration

                            administrative expenses

        For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $89,300,000: Provided, That of the funds available under
    this heading, not to exceed $1,504,000 shall be available for travel
    and not to exceed $20,719,000 shall be available for the central
    account: Provided further, That any funding transferred from the
    central account shall be submitted for approval to the House and Senate
    Committees on Appropriations: Provided further, That none of the funds
    provided or limited in this Act may be used to create a permanent
    office of transit security under this heading: Provided further, That
    of the funds in this Act available for the execution of contracts under
    section 5327(c) of title 49, United States Code, $2,000,000 shall be
    reimbursed to the Department of Transportation's Office of Inspector
    General for costs associated with audits and investigations of transit-
    related issues, including reviews of new fixed guideway systems:
    Provided further, That upon submission to the Congress of the fiscal
    year 2009 President's budget, the Secretary of Transportation shall
    transmit to Congress the annual report on new starts, including
    proposed allocations of funds for fiscal year 2009.

                             formula and bus grants

                      (liquidation of contract authority)

                          (limitation on obligations)

                              (highway trust fund)

                             (including rescission)

        For payment of obligations incurred in carrying out the provisions
    of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320,
    5335, 5339, and 5340 and section 3038 of Public Law 105-178, as
    amended, $6,855,000,000, to be derived from the Mass Transit Account of
    the Highway Trust Fund and to remain available until expended:
    Provided, That funds available for the implementation or execution of
    programs authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311,
    5316, 5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law
    105-178, as amended, shall not exceed total obligations of
    $7,767,887,062 in fiscal year 2008: Provided further, That of the funds
    available to carry out the bus program under section 5309 of title 49,
    United States Code, which are not otherwise allocated under this act or
    under SAFETEA-LU (Public Law 109-59), not more than 10 percent may be
    expended in furtherance of the Department of Transportation's
    ``National Strategy to Reduce Congestion on America's Transportation
    Network'' issued May, 2006 by Secretary of Transportation, the
    Honorable Norman Mineta; also known as the ``Congestion Initiative'' or
    any other new highway congestion initiative: Provided further, That
    $28,660,920 in unobligated balances are rescinded.

                    research and university research centers

        For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315,
    5322, and 5506, $65,362,900, to remain available until expended:
    Provided, That $9,300,000 is available to carry out the transit
    cooperative research program under section 5313 of title 49, United
    States Code, $4,300,000 is available for the National Transit Institute
    under section 5315 of title 49, United States Code, and $7,000,000 is
    available for university transportation centers program under section
    5506 of title 49, United States Code: Provided further, That
    $44,762,900 is available to carry out national research programs under
    sections 5312, 5313, 5314, and 5322 of title 49, United States Code.

                           capital investment grants

        For necessary expenses to carry out section 5309 of title 49,
    United States Code, $1,569,091,997, to remain available until expended:
    Provided, That of the funds available under this heading, amounts are
    to be made available as follows:
                AC Transit BRT Corridor--Alameda County, California,
            $490,000.
                Alaska and Hawaii ferry projects, $15,000,000.
                Bus Rapid Transit, Cumberland County, Pennsylvania,
            $294,000.
                Central Corridor Light Rail, Minnesota, $10,192,000.
                Central Link Initial Segment, Washington, $68,600,000.
                Central LRT Double-Track--Largo Extension, Maryland,
            $34,300,000.
                Central Phoenix/East Valley Light Rail, Arizona,
            $88,200,000.
                Charlotte Rapid Transit, North Carolina, $1,960,000.
                CORRIDORone Regional Rail Project, Pennsylvania,
            $10,976,000.
                DCTA Fixed Guideway/Engineering, Lewisville, Texas,
            $245,000.
                Denali Commission, Alaska, $5,000,000.
                Dulles Corridor Metrorail Project, Virginia, $34,300,000.
                Galveston Rail Trolley, Texas, $1,960,000.
                Honolulu High Capacity Transit Corridor, Hawaii,
            $15,190,000.
                Hudson-Bergen MOS-2, New Jersey, $54,089,135.
                I-205/Portland Mall Light Rail, Oregon, $78,400,000.
                I-69 HOV/BRT, Mississippi, $7,546,000.
                JTA Bus Rapid Transit, Jacksonville, Florida, $9,329,600.
                Lane Transit District, Pioneer Parkway EmX Corridor,
            Oregon, $14,504,000.
                Long Island Rail Road East Side Access, New York,
            $210,700,000.
                MARC Commuter Rail Improvements and Rolling Stock,
            Maryland, $9,800,000.
                MBTA Fitchburg to Boston Rail Corridor Project,
            Massachusetts, $5,880,000.
                METRA Connects Southeast Service, Illinois, $7,227,500.
                METRA Star Line, Illinois, $7,227,500.
                METRA Union Pacific Northwest Line, Illinois, $7,227,500.
                METRA Union Pacific West Line, Illinois, $7,227,500.
                Metro Gold Line Eastside Extension, California,
            $78,400,000.
                Metrorail Orange Line Expansion, Florida, $1,960,000.
                Metro Rapid Bus System Gap Closure, Los Angeles,
            California, $16,347,380.
                Mid-Jordan Light Rail Extension, Utah, $19,600,000.
                Monmouth-Ocean-Middlesex County Passenger Rail, New Jersey,
            $980,000.
                New Britain-Hartford Busway, Connecticut, $3,271,632.
                Norfolk Light Rail Project, Virginia, $23,030,000.
                North Corridor, Houston and Southeast Corridor, Texas,
            $19,600,000.
                North Shore Corridor & Blue Line, Massachusetts,
            $1,960,000.
                NorthStar Commuter, Minnesota, $53,900,000.
                Northern Indiana Commuter Transit District
            Recapitalization, Indiana, $4,900,000.
                North Shore LRT Connector, Pennsylvania, $32,846,115.
                Northwest NJ-Northeast PA, Pennsylvania, $2,940,000.
                NW/SE LRT MOS, Texas, $84,525,000.
                Pacific Highway South BRT, King County, Washington,
            $13,794,480.
                Perris Valley Line Metrolink Extension, California,
            $1,960,000.
                Pawtucket/Central Falls Commuter Rail Station, Rhode
            Island, $1,960,000.
                Planning and Design, Bus Rapid Transit-State Avenue
            Corridor, Wyandotte County, Kansas, $1,470,000.
                Provo Orem Bus Rapid Transit, Utah, $4,018,000.
                Rapid Transit (BRT) project, Livermore, California,
            $2,940,000.
                Ravenswood Line Extension, Illinois, $39,200,000.
                Route 1 Bus Rapid Transit, Potomac Yard-Crystal City,
            Alexandria and Arlington, Virginia, $980,000.
                Second Avenue Subway Phase 1, New York, $167,810,300.
                SMART EIS and PE, California, $1,960,000.
                South County Commuter Rail Wickford Junction Station, Rhode
            Island, $12,269,449.
                Southeast Corridor LRT, Colorado, $50,529,274.
                South Sacramento Corridor Phase 2, California, $4,410,000.
                Telegraph Avenue-International Boulevard-East 14th Street
            Bus Rapid Transit Corridor Improvements, California,
            $1,960,000.
                Third Street Light Rail, San Francisco, California,
            $11,760,000.
                Trans-Hudson Midtown Corridor, New Jersey, $14,700,000.
                Troost Corridor Bus Rapid Transit, Missouri, $6,134,800.
                West Corridor Light Rail Project, Colorado, $39,200,000.
                University Link LRT, Washington, $19,600,000.
                VIA Bus Rapid Transit Corridor Project, San Antonio, Texas,
            $4,900,000.
                Virginia Railway Express Extension--Gainesville/Haymarket,
            Virginia, $490,000.
                VRE Rolling Stock, Virginia, $3,920,000.
                Weber County to Salt Lake City, Utah, $78,400,000.

           administrative provisions--federal transit administration

        Sec. 160. The limitations on obligations for the programs of the
    Federal Transit Administration shall not apply to any authority under
    49 U.S.C. 5338, previously made available for obligation, or to any
    other authority previously made available for obligation.
        Sec. 161. Notwithstanding any other provision of law, funds made
    available by this Act under ``Federal Transit Administration, Capital
    investment grants'' and bus and bus facilities under ``Federal Transit
    Administration, Formula and bus grants'' for projects specified in this
    Act or identified in reports accompanying this Act not obligated by
    September 30, 2010, and other recoveries, shall be made available for
    other projects under 49 U.S.C. 5309.
        Sec. 162. Notwithstanding any other provision of law, any funds
    appropriated before October 1, 2007, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure,
    may be transferred to and administered under the most recent
    appropriation heading for any such section.
        Sec. 163. Notwithstanding any other provision of law, unobligated
    funds made available for a new fixed guideway systems projects under
    the heading ``Federal Transit Administration, Capital Investment
    Grants'' in any appropriations Act prior to this Act may be used during
    this fiscal year to satisfy expenses incurred for such projects.
        Sec. 164. During fiscal year 2008, each Federal Transit
    Administration grant for a project that involves the acquisition or
    rehabilitation of a bus to be used in public transportation shall be
    funded for 90 percent of the net capital costs of a biodiesel bus or a
    factory-installed or retrofitted hybrid electric propulsion system and
    any equipment related to such a system: Provided, That the Secretary
    shall have the discretion to determine, through practicable
    administrative procedures, the costs attributable to the system and
    related-equipment.
        Sec. 165. Notwithstanding any other provision of law, in regard to
    the Central Link Initial Segment Project, to the extent that Federal
    funds remain available within the current budget for the project, the
    Secretary shall, immediately upon the date of enactment of this Act,
    amend the Full Funding Grant Agreement for said project to allow
    remaining Federal funds to be used to support completion of the Airport
    Link extension of said project.
        Sec. 166. Amounts provided for a high capacity fixed guideway light
    rail and mass transit project for the City of Albuquerque, New Mexico,
    in Public Laws 106-69, 106-346 and 107-87 shall be available for bus
    and bus facilities.
        Sec. 167. Any unobligated amounts made available for the Commuter
    Rail, Albuquerque to Santa Fe, New Mexico under the heading ``Capital
    Investment Grants'' under the heading ``Federal Transit
    Administration'' in title I of division A of the Transportation,
    Treasury, Housing and Urban Development, the Judiciary, the District of
    Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law
    109-115; 119 Stat. 2418) shall be made available for public
    transportation buses, equipment and facilities related to such buses,
    and intermodal terminal in Albuquerque and Santa Fe, New Mexico,
    subject to the requirements under section 5309 of title 49, United
    States Code.
        Sec. 168. Notwithstanding any other provision of law, funds made
    available for the Las Vegas Resort Corridor Fixed Guideway Project
    under the Federal Transit Administration Capital Investment Grants
    Account in any previous Appropriations Act, including Public Laws 108-
    7, 108-199, 108-447, and any unexpended funds in Federal Transit
    Administration grant number NV-03-0019 may hereafter be made available
    until expended to the Regional Transportation Commission of Southern
    Nevada for bus rapid transit projects and bus and bus-related projects:
    Provided, That funds made available for a project in accordance with
    this section shall be administered under the terms and conditions set
    forth in 49 U.S.C. 5307, to the extent applicable.
        Sec. 169. The second sentence of section 321 of the Department of
    Transportation and Related Agencies Appropriations Act, 1986 (99 Stat.
    1287) is repealed.
        Sec. 170. None of the funds provided or limited under this Act may
    be used to issue a final regulation under section 5309 of title 49,
    United States Code, except that the Federal Transit Administration may
    continue to review comments received on the proposed rule (Docket No.
    FTA-2006-25737).
        Sec. 171. Funds made available to the Putnam County, Florida for
    Ride Solutions buses and bus facilities in Public Laws 108-199, 108-447
    and 109-115 that remain unobligated may be available to Putnam County
    under the conditions of 49 U.S.C. 5312 to research, develop, fabricate,
    test, demonstrate, deploy and evaluate a low floor bus to meet the
    needs of Ride Solution in particular, and small urban and rural
    operators in general.
        Sec. 172. Of the balances available for this fiscal year to carry
    out 49 U.S.C. 5309(b) left to the discretion of the Secretary of
    Transportation, $104,697,038 are rescinded.
        Sec. 173. Of the balances available for this fiscal year to carry
    out 49 U.S.C. 5339 left to the discretion of the Secretary of
    Transportation, $308,900 are rescinded.

                 Saint Lawrence Seaway Development Corporation

        The Saint Lawrence Seaway Development Corporation is hereby
    authorized to make such expenditures, within the limits of funds and
    borrowing authority available to the Corporation, and in accord with
    law, and to make such contracts and commitments without regard to
    fiscal year limitations as provided by section 104 of the Government
    Corporation Control Act, as amended, as may be necessary in carrying
    out the programs set forth in the Corporation's budget for the current
    fiscal year.

                           operations and maintenance

                        (harbor maintenance trust fund)

        For necessary expenses for operations and maintenance of those
    portions of the Saint Lawrence Seaway operated and maintained by the
    Saint Lawrence Seaway Development Corporation, $17,392,000, to be
    derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
    99-662.

                            Maritime Administration

                           maritime security program

        For necessary expenses to maintain and preserve a U.S.-flag
    merchant fleet to serve the national security needs of the United
    States, $156,000,000, to remain available until expended.

                            operations and training

        For necessary expenses of operations and training activities
    authorized by law, $121,992,000, of which $25,720,000 shall remain
    available until September 30, 2008, for salaries and benefits of
    employees of the United States Merchant Marine Academy; of which
    $14,139,000 shall remain available until expended for capital
    improvements at the United States Merchant Marine Academy; and of which
    $10,500,000 shall remain available until expended for maintenance and
    repair of Schoolships at State Maritime Schools.

                                 ship disposal

        For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $17,000,000, to remain available until expended.

                         assistance to small shipyards

        To make grants for capital improvements and related infrastructure
    improvements at qualified shipyards that will facilitate the
    efficiency, cost-effectiveness, and quality of domestic ship
    construction for commercial and Federal Government use as authorized
    under section 3506 of Public Law 109-163, $10,000,000, to remain
    available until expended: Provided, That to be considered for
    assistance, a qualified shipyard shall submit an application for
    assistance no later than 60 days after enactment of this Act: Provided
    further, That from applications submitted under the previous proviso,
    the Secretary of Transportation shall make grants no later than 120
    days after enactment of this Act in such amounts as the Secretary
    determines: Provided further, That not to exceed 2 percent of the funds
    appropriated under this heading shall be available for necessary costs
    of grant administration.

              maritime guaranteed loan (title xi) program account

                         (including transfer of funds)

        For the cost of guaranteed loans, as authorized, $8,408,000, of
    which $5,000,000 shall remain available until expended: Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974, as
    amended: Provided further, That not to exceed $3,408,000 shall be
    available for administrative expenses to carry out the guaranteed loan
    program, which shall be transferred to and merged with the
    appropriation for ``Operations and Training'', Maritime Administration.

                               ship construction

                                  (rescission)

        Of the unobligated balances available under this heading,
    $6,673,000 are rescinded.

               administrative provisions--maritime administration

        Sec. 175. Notwithstanding any other provision of this Act, the
    Maritime Administration is authorized to furnish utilities and services
    and make necessary repairs in connection with any lease, contract, or
    occupancy involving Government property under control of the Maritime
    Administration, and payments received therefor shall be credited to the
    appropriation charged with the cost thereof: Provided, That rental
    payments under any such lease, contract, or occupancy for items other
    than such utilities, services, or repairs shall be covered into the
    Treasury as miscellaneous receipts.
        Sec. 176. No obligations shall be incurred during the current
    fiscal year from the construction fund established by the Merchant
    Marine Act, 1936 (46 U.S.C. 53101 note (cds)), or otherwise, in excess
    of the appropriations and limitations contained in this Act or in any
    prior appropriations Act.

             Pipeline and Hazardous Materials Safety Administration

                            administrative expenses

        For necessary administrative expenses of the Pipeline and Hazardous
    Materials Safety Administration, $18,130,000, of which $639,000 shall
    be derived from the Pipeline Safety Fund.

                           hazardous materials safety

        For expenses necessary to discharge the hazardous materials safety
    functions of the Pipeline and Hazardous Materials Safety
    Administration, $28,000,000, of which $1,761,000 shall remain available
    until September 30, 2010: Provided, That up to $1,200,000 in fees
    collected under 49 U.S.C. 5108(g) shall be deposited in the general
    fund of the Treasury as offsetting receipts: Provided further, That
    there may be credited to this appropriation, to be available until
    expended, funds received from States, counties, municipalities, other
    public authorities, and private sources for expenses incurred for
    training, for reports publication and dissemination, and for travel
    expenses incurred in performance of hazardous materials exemptions and
    approvals functions.

                                pipeline safety

                             (pipeline safety fund)

                        (oil spill liability trust fund)

        For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety
    program, as authorized by 49 U.S.C. 60107, and to discharge the
    pipeline program responsibilities of the Oil Pollution Act of 1990,
    $79,828,000, of which $18,810,000 shall be derived from the Oil Spill
    Liability Trust Fund and shall remain available until September 30,
    2010; of which $61,018,000 shall be derived from the Pipeline Safety
    Fund, of which $32,242,000 shall remain available until September 30,
    2010: Provided, That not less than $1,043,000 of the funds provided
    under this heading shall be for the one-call State grant program.

                         emergency preparedness grants

                         (emergency preparedness fund)

        For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
    be derived from the Emergency Preparedness Fund, to remain available
    until September 30, 2009: Provided, That not more than $28,318,000
    shall be made available for obligation in fiscal year 2008 from amounts
    made available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further,
    That none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
    5128(c) shall be made available for obligation by individuals other
    than the Secretary of Transportation, or her designee.

               Research and Innovative Technology Administration

                            research and development

        For necessary expenses of the Research and Innovative Technology
    Administration, $12,000,000, of which $6,036,000 shall remain available
    until September 30, 2010: Provided, That there may be credited to this
    appropriation, to be available until expended, funds received from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training.

                          Office of Inspector General

                             salaries and expenses

        For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $66,400,000: Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department: Provided further, That the funds made available under
    this heading shall be used to investigate, pursuant to section 41712 of
    title 49, United States Code: (1) unfair or deceptive practices and
    unfair methods of competition by domestic and foreign air carriers and
    ticket agents; and (2) the compliance of domestic and foreign air
    carriers with respect to item (1) of this proviso.

                          Surface Transportation Board

                             salaries and expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $26,324,500: Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,250,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading: Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 2008, to
    result in a final appropriation from the general fund estimated at no
    more than $25,074,500.

                General Provisions--Department of Transportation

                         (including transfers of funds)

                            (including rescissions)

        Sec. 180. During the current fiscal year applicable appropriations
    to the Department of Transportation shall be available for maintenance
    and operation of aircraft; hire of passenger motor vehicles and
    aircraft; purchase of liability insurance for motor vehicles operating
    in foreign countries on official department business; and uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
        Sec. 181. Appropriations contained in this Act for the Department
    of Transportation shall be available for services as authorized by 5
    U.S.C. 3109, but at rates for individuals not to exceed the per diem
    rate equivalent to the rate for an Executive Level IV.
        Sec. 182. None of the funds in this Act shall be available for
    salaries and expenses of more than 110 political and Presidential
    appointees in the Department of Transportation: Provided, That none of
    the personnel covered by this provision may be assigned on temporary
    detail outside the Department of Transportation.
        Sec. 183. None of the funds in this Act shall be used to implement
    section 404 of title 23, United States Code.
        Sec. 184. (a) No recipient of funds made available in this Act
    shall disseminate personal information (as defined in 18 U.S.C.
    2725(3)) obtained by a State department of motor vehicles in connection
    with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
    provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
        (b) Notwithstanding subsection (a), the Secretary shall not
    withhold funds provided in this Act for any grantee if a State is in
    noncompliance with this provision.
        Sec. 185. Funds received by the Federal Highway Administration,
    Federal Transit Administration, and Federal Railroad Administration
    from States, counties, municipalities, other public authorities, and
    private sources for expenses incurred for training may be credited
    respectively to the Federal Highway Administration's ``Federal-Aid
    Highways'' account, the Federal Transit Administration's ``Research and
    University Research Centers'' account, and to the Federal Railroad
    Administration's ``Safety and Operations'' account, except for State
    rail safety inspectors participating in training pursuant to 49 U.S.C.
    20105.
        Sec. 186. Funds provided or limited in this Act under the
    appropriate accounts within the Federal Highway Administration, the
    Federal Railroad Administration and the Federal Transit Administration
    shall be made available for the eligible programs, projects and
    activities at the level of 98 percent of the corresponding amounts
    identified in the explanatory statement accompanying this Act for the
    ``Delta Regional Transportation Development Program'', ``Ferry Boats
    and Ferry Terminal Facilities'', ``Federal Lands'', ``Interstate
    Maintenance Discretionary'', ``Transportation, Community and System
    Preservation Program'', ``Rail Line Relocation and Improvement
    Program'', ``Rail-highway crossing hazard eliminations'',
    ``Alternatives analysis'', and ``Bus and bus facilities'': Provided,
    That amounts authorized within the Federal Highway Administration for
    fiscal year 2008 for the Interstate Maintenance Discretionary program
    under section 118(c) of title 23, United States Code, the Ferry Boats
    and Ferry Terminal Facilities program under section 147 of title 23,
    United States Code (excluding the set-aside for projects on the
    National Highway System authorized by section 147(b) of such title),
    the Public Lands Highways Discretionary program under section
    202(b)(1)(A) of title 23, United States Code, and the Transportation,
    Community and System Preservation program under section 1117 of Public
    Law 109-59 in excess of the amounts so set aside by the first clause of
    this section for such programs, projects and activities in the
    explanatory statement accompanying this Act are rescinded: Provided
    further, That amounts authorized within the Federal Railroad
    Administration for fiscal year 2008 for Rail-highway Crossing Hazard
    Eliminations under section 104(d)(2)(A) of title 23, United States Code
    (excluding the set-aside for certain improvements authorized by section
    104(d)(2)(E) of such title), in excess of the amounts so set aside by
    the first clause of this section for such programs, projects and
    activities in the explanatory statement accompanying this Act are
    rescinded.
        Sec. 187. Notwithstanding any other provisions of law, rule or
    regulation, the Secretary of Transportation is authorized to allow the
    issuer of any preferred stock heretofore sold to the Department to
    redeem or repurchase such stock upon the payment to the Department of
    an amount determined by the Secretary.
        Sec. 188. None of the funds in this Act to the Department of
    Transportation may be used to make a grant unless the Secretary of
    Transportation notifies the House and Senate Committees on
    Appropriations not less than 3 full business days before any
    discretionary grant award, letter of intent, or full funding grant
    agreement totaling $500,000 or more is announced by the department or
    its modal administrations from: (1) any discretionary grant program of
    the Federal Highway Administration including the emergency relief
    program; (2) the airport improvement program of the Federal Aviation
    Administration; or (3) any program of the Federal Transit
    Administration other than the formula grants and fixed guideway
    modernization programs: Provided, That the Secretary gives concurrent
    notification to the House and Senate Committees on Appropriations for
    any ``quick release'' of funds from the emergency relief program:
    Provided further, That no notification shall involve funds that are not
    available for obligation.
        Sec. 189. Rebates, refunds, incentive payments, minor fees and
    other funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations
    of the Department of Transportation and allocated to elements of the
    Department of Transportation using fair and equitable criteria and such
    funds shall be available until expended.
        Sec. 190. Amounts made available in this or any other Act that the
    Secretary determines represent improper payments by the Department of
    Transportation to a third party contractor under a financial assistance
    award, which are recovered pursuant to law, shall be available--
                (1) to reimburse the actual expenses incurred by the
            Department of Transportation in recovering improper payments;
            and
                (2) to pay contractors for services provided in recovering
            improper payments or contractor support in the implementation
            of the Improper Payments Information Act of 2002: Provided,
            That amounts in excess of that required for paragraphs (1) and
            (2)--
                        (A) shall be credited to and merged with the
                    appropriation from which the improper payments were
                    made, and shall be available for the purposes and
                    period for which such appropriations are available; or
                        (B) if no such appropriation remains available,
                    shall be deposited in the Treasury as miscellaneous
                    receipts: Provided, That prior to the transfer of any
                    such recovery to an appropriations account, the
                    Secretary shall notify the House and Senate Committees
                    on Appropriations of the amount and reasons for such
                    transfer: Provided further, That for purposes of this
                    section, the term ``improper payments'', has the same
                    meaning as that provided in section 2(d)(2) of Public
                    Law 107-300.
        Sec. 191. (a) Funds provided in Public Law 102-143 in the item
    relating to ``Highway Bypass Demonstration Project'' shall be available
    for the improvement of Route 101 in the vicinity of Prunedale, Monterey
    County, California.
        (b) Funds provided under section 378 of the Department of
    Transportation and Related Agencies Appropriations Act, 2001 (Public
    Law 106-346, 114 Stat. 1356, 1356A-41), for the reconstruction of
    School Road East in Marlboro Township, New Jersey, shall be available
    for the Spring Valley Road Project in Marlboro Township, New Jersey.
        (c) Notwithstanding any other provision of law, of the unexpended
    balance of funds made available in title I, chapter III, of Public Law
    97-216 (96 Stat. 180, 187) under the heading ``Federal-aid Highway
    Program'' to execute contracts to replace or rehabilitate highway
    bridges, as designated on page 19 of House Report 97-632, $5,000,000
    shall be made available for East Chicago Road Reconstruction, East
    Chicago, Indiana, and the remaining unexpended funds shall be made
    available for Calumet Avenue Grade Separation, Munster, Indiana.
        (d) Of the unobligated balance appropriated under the heading
    ``Highway Demonstration Projects'' in title I of Public Law 102-143
    (105 Stat. 929) that was allocated for Routes 70/38 Circle Elimination,
    New Jersey, $1,500,000 shall be transferred to, and made available for,
    the Delaware Street Bridge Replacement Project, (CR640) Bridge over
    Mathews Branch in West Deptford Township, New Jersey.
        Sec. 192. Notwithstanding any other provision of law, if any funds
    provided in or limited by this Act are subject to a reprogramming
    action that requires notice to be provided to the House and Senate
    Committees on Appropriations, said reprogramming action shall be
    approved or denied solely by the Committees on Appropriations:
    Provided, That the Secretary may provide notice to other congressional
    committees of the action of the Committees on Appropriations on such
    reprogramming but not sooner than 30 days following the date on which
    the reprogramming action has been approved or denied by the House and
    Senate Committees on Appropriations.
        Sec. 193. (a) None of the funds appropriated or otherwise made
    available under this Act to the Surface Transportation Board of the
    Department of Transportation may be used to take any action to allow
    any activity described in subsection (b) in a case, matter, or
    declaratory order involving a railroad, or an entity claiming or
    seeking authority to operate as a railroad, unless the Board receives
    written assurance from the Governor, or the Governor's designee, of the
    State in which such activity will occur that such railroad or entity
    has agreed to comply with State and local regulations that establish
    public health, safety, and environmental standards for the activities
    described in subsection (b), other than zoning laws or regulations.
        (b) Activities referred to in subsection (a) are activities that
    occur at a solid waste rail transfer facility involving--
                (1) the collection, storage, or transfer of solid waste (as
            defined in section 1004 of the Solid Waste Disposal Act (42
            U.S.C. 6903)) outside of original shipping containers; or
                (2) the separation or processing of solid waste (including
            baling, crushing, compacting, and shredding).
        Sec. 194. None of the funds appropriated or otherwise made
    available under this Act may be used by the Surface Transportation
    Board of the Department of Transportation to charge or collect any
    filing fee for rate complaints filed with the Board in an amount in
    excess of the amount authorized for district court civil suit filing
    fees under section 1914 of title 28, United States Code.
        Sec. 195. Not later than 30 days after the date of enactment of
    this Act, the Secretary of Transportation shall establish and maintain
    on the homepage of the Internet website of the Department of
    Transportation--
                (1) a direct link to the Internet website of the Office of
            Inspector General of the Department of Transportation; and
                (2) a mechanism by which individuals may anonymously report
            cases of waste, fraud, or abuse with respect to the Department
            of Transportation.
        Sec. 196. None of the funds appropriated or otherwise made
    available by this Act may be obligated or expended by the Administrator
    of the Federal Aviation Administration to displace, reassign, reduce
    the salary of, or subject to a reduction in force any employee at the
    Academy or discontinue the use of the FAA Academy as the primary
    training facility for air traffic controller training as a result of
    implementing the Air Traffic Control Optimum Training Solution in its
    entirety, prior to September 30, 2008.
        Sec. 197. Prohibition on Imposition and Collection of Tolls on
    Certain Highways Constructed Using Federal Funds. (a) Definitions.--In
    this section:
                (1) Federal highway facility.--
                        (A) In general.--The term ``Federal highway
                    facility'' means--
                                (i) any highway, bridge, or tunnel on the
                            Interstate System that is constructed using
                            Federal funds; or
                                (ii) any United States highway.
                        (B) Exclusion.--The term ``Federal highway
                    facility'' does not include any right-of-way for any
                    highway, bridge, or tunnel described in subparagraph
                    (A).
                (2) Tolling provision.--The term ``tolling provision''
            means section 1216(b) of the Transportation Equity Act for the
            21st Century (23 U.S.C. 129 note; 112 Stat. 212);
        (b) Prohibition.--
                (1) In general.--None of the funds made available by this
            Act shall be used to consider or approve an application to
            permit the imposition or collection of any toll on any portion
            of a Federal highway facility in the State of Texas--
                        (A)(i) that is in existence on the date of
                    enactment of this Act; and
                        (ii) on which no toll is imposed or collected under
                    a tolling provision on that date of enactment; or
                        (B) that would result in the Federal highway
                    facility having fewer non-toll lanes than before the
                    date on which the toll was first imposed or collected.
                (2) Exemption.--Paragraph (1) shall not apply to the
            imposition or collection of a toll on a Federal highway
            facility--
                        (A) on which a toll is imposed or collected under a
                    tolling provision on the date of enactment of this Act;
                    or
                        (B) that is constructed, under construction, or the
                    subject of an application for construction submitted to
                    the Secretary, after the date of enactment of this Act.
        (c) State Buy-Back.--None of the funds made available by this Act
    shall be used to impose or collect a toll on a Federal highway facility
    in the State of Texas that is purchased by the State of Texas on or
    after the date of enactment of this Act.
        Sec. 198. Notwithstanding any other provision of law, the funding
    made available for the Schuylkill Valley Metro project through the
    Department of Transportation Appropriations Acts for Federal Fiscal
    Years 2004 and 2005 shall remain available for that project during
    fiscal year 2008.
        This title may be cited as the ``Department of Transportation
    Appropriations Act, 2008''.

                                    TITLE II

                  DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                              Executive Direction

        For necessary salaries and expenses for Executive Direction,
    $24,980,000, of which not to exceed $3,930,000 shall be available for
    the immediate Office of the Secretary and Deputy Secretary; not to
    exceed $1,580,000 shall be available for the Office of Hearings and
    Appeals; not to exceed $510,000 shall be available for the Office of
    Small and Disadvantaged Business Utilization, not to exceed $725,000
    shall be available for the immediate Office of the Chief Financial
    Officer; not to exceed $1,155,000 shall be available for the immediate
    Office of the General Counsel; not to exceed $2,670,000 shall be
    available to the Office of the Assistant Secretary for Congressional
    and Intergovernmental Relations; not to exceed $2,520,000 shall be for
    the Office of the Assistant Secretary for Public Affairs; not to exceed
    $1,630,000 shall be available for the Office of the Assistant Secretary
    for Administration; not to exceed $1,620,000 shall be available to the
    Office of the Assistant Secretary for Public and Indian Housing; not to
    exceed $1,520,000 shall be available to the Office of the Assistant
    Secretary for Community Planning and Development; not to exceed
    $3,600,000 shall be available to the Office of the Assistant Secretary
    for Housing, Federal Housing Commissioner; not to exceed $1,570,000
    shall be available to the Office of the Assistant Secretary for Policy
    Development and Research; and not to exceed $1,950,000 shall be
    available to the Office of the Assistant Secretary for Fair Housing and
    Equal Opportunity: Provided, That the Secretary of the Department of
    Housing and Urban Development is authorized to transfer funds
    appropriated for any office funded under this heading to any other
    office funded under this heading following the written notification to
    the House and Senate Committees on Appropriations: Provided further,
    That no appropriation for any office shall be increased or decreased by
    more than 5 percent by all such transfers: Provided further, That
    notice of any change in funding greater than 5 percent shall be
    submitted for prior approval to the House and Senate Committees on
    Appropriations: Provided further, That the Secretary shall provide the
    Committees on Appropriations quarterly written notification regarding
    the status of pending congressional reports: Provided further, That not
    to exceed $25,000 of the amount made available under this paragraph for
    the immediate Office of the Secretary shall be available for official
    reception and representation expenses as the Secretary may determine.

                   administration, operations and management

        For necessary salaries and expenses for administration, operations
    and management for the Department of Housing and Urban Development,
    $493,630,000, of which not to exceed $69,070,000 shall be available for
    the personnel compensation and benefits of the Office of
    Administration; not to exceed $10,630,000 shall be available for the
    personnel compensation and benefits of the Office of Departmental
    Operations and Coordination; not to exceed $51,300,000 shall be
    available for the personnel compensation and benefits of the Office of
    Field Policy and Management; not to exceed $12,370,000 shall be
    available for the personnel compensation and benefits of the Office of
    the Chief Procurement Officer; not to exceed $31,600,000 shall be
    available for the personnel compensation and benefits of the remaining
    staff in the Office of the Chief Financial Officer; not to exceed
    $80,670,000 shall be available for the personnel compensation and
    benefits of the remaining staff of the Office of the General Counsel;
    not to exceed $2,810,000 shall be available for the personnel
    compensation and benefits of the Office of Departmental Equal
    Employment Opportunity; not to exceed $1,160,000 shall be available for
    the personnel compensation and benefits for the Center for Faith-Based
    and Community Initiatives; not to exceed $234,020,000 shall be
    available for non-personnel expenses of the Department of Housing and
    Urban Development: Provided, That, funds provided under the heading may
    be used for necessary administrative and non-administrative expenses of
    the Department of Housing and Urban Development, not otherwise provided
    for, including purchase of uniforms, or allowances therefor, as
    authorized by 5 U.S.C. 5901-5902; hire of passenger motor vehicles;
    services as authorized by 5 U.S.C. 3109: Provided further, That
    notwithstanding any other provision of law, funds appropriated under
    this heading may be used for advertising and promotional activities
    that support the housing mission area: Provided further, That the
    Secretary of Housing and Urban Development is authorized to transfer
    funds appropriated for any office included in Administration,
    Operations and Management to any other office included in
    Administration, Operations and Management only after such transfer has
    been submitted to, and received prior written approval by, the House
    and Senate Committees on Appropriations: Provided further, That no
    appropriation for any office shall be increased or decreased by more
    than ten percent by all such transfers.

         public and indian housing personnel compensation and benefits

        For necessary personnel compensation and benefits expenses of the
    Office of Public and Indian Housing, $173,310,000.

     community planning and development personnel compensation and benefits

        For necessary personnel compensation and benefits expenses of the
    Office of Community Planning and Development mission area, $90,310,000.

                  housing personnel compensation and benefits

        For necessary personnel compensation and benefits expenses of the
    Office of Housing, $334,450,000.

             office of the government national mortgage association

                      personnel compensation and benefits

        For necessary personnel compensation and benefits expenses of the
    Office of the Government National Mortgage Association, $8,250,000.

      policy development and research personnel compensation and benefits

        For necessary personnel compensation and benefits expenses of the
    Office of Policy Development and Research, $16,950,000.

     fair housing and equal opportunity personnel compensation and benefits

        For necessary personnel compensation and benefits expenses of the
    Office of Fair Housing and Equal Opportunity, $63,140,000.

                office of healthy homes and lead hazard control

                      personnel compensation and benefits

        For necessary personnel compensation and benefits expenses of the
    Office of Healthy Homes and Lead Hazard Control, $6,980,000.

                           Public and Indian Housing

                         tenant-based rental assistance

                         (including transfer of funds)

        For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
    otherwise provided for, $16,391,000,000, to remain available until
    expended, of which $12,233,000,000 shall be available on October 1,
    2007, and $4,158,000,000 shall be available on October 1, 2008:
    Provided, That the amounts made available under this heading are
    provided as follows:
                (1) $14,694,506,000 for renewals of expiring section 8
            tenant-based annual contributions contracts (including renewals
            of enhanced vouchers under any provision of law authorizing
            such assistance under section 8(t) of the Act): Provided, That
            notwithstanding any other provision of law, from amounts
            provided under this paragraph and any carryover, the Secretary
            for the calendar year 2008 funding cycle shall provide renewal
            funding for each public housing agency based on voucher
            management system (VMS) leasing and cost data for the most
            recent Federal fiscal year and by applying the 2008 Annual
            Adjustment Factor as established by the Secretary, and by
            making any necessary adjustments for the costs associated with
            deposits to family self-sufficiency program escrow accounts or
            the first-time renewal of tenant protection or HOPE VI vouchers
            or vouchers that were not in use during the 12-month period in
            order to be available to meet a commitment pursuant to section
            8(o)(13) of the Act: Provided further, That notwithstanding the
            first proviso, except for applying the 2008 Annual Adjustment
            Factor and making any other specified adjustments, public
            housing agencies specified in category 1 below shall receive
            funding for calendar year 2008 based on the higher of the
            amounts the agencies would receive under the first proviso or
            the amounts the agencies received in calendar year 2007, and
            public housing agencies specified in categories 2 and 3 below
            shall receive funding for calendar year 2008 equal to the
            amounts the agencies received in calendar year 2007, except
            that public housing agencies specified in categories 1 and 2
            below shall receive funding under this proviso only if, and to
            the extent that, any such public housing agency submits a plan,
            approved by the Secretary, that demonstrates that the agency
            can effectively use within 12 months the funding that the
            agency would receive under this proviso that is in addition to
            the funding that the agency would receive under the first
            proviso: (1) public housing agencies that are eligible for
            assistance under section 901 in Public Law 109-148 (119 Stat.
            2781) or are located in the same counties as those eligible
            under section 901 and operate voucher programs under section
            8(o) of the United States Housing Act of 1937 but do not
            operate public housing under section 9 of such Act, and any
            public housing agency that otherwise qualifies under this
            category must demonstrate that they have experienced a loss of
            rental housing stock as a result of the 2005 hurricanes; (2)
            public housing agencies that would receive less funding under
            the first proviso than they would receive under this proviso
            and that have been placed in receivership within the 24 months
            preceding the date of enactment of this Act; and (3) public
            housing agencies that spent more in calendar year 2007 than the
            total of the amounts of any such public housing agency's
            allocation amount for calendar year 2007 and the amount of any
            such public housing agency's available housing assistance
            payments undesignated funds balance from calendar year 2006 and
            the amount of any such public housing agency's available
            administrative fees undesignated funds balance through calendar
            year 2007: Provided further, That notwithstanding the first two
            provisos under this paragraph, the amount of calendar year 2008
            renewal funding for any agency otherwise authorized under such
            provisos shall be reduced by the amount of any unusable amount
            (as determined by the Secretary, due to limits in this
            paragraph with respect to an agency's authorized level of units
            under contract) in such agency's net restricted assets account,
            in accordance with the most recent VMS data in calendar year
            2007 that is verifiable and complete, which exceeds 7 percent
            of the amount of renewal funding allocated to the agency for
            the calendar year 2007 funding cycle pursuant to section 21033
            of Public Law 110-5, as amended by section 4802 of Public Law
            110-28: Provided further, That up to $50,000,000 shall be
            available only: (1) to adjust the allocations for public
            housing agencies, after application for an adjustment by a
            public housing agency that experienced a significant increase,
            as determined by the Secretary, in renewal costs from
            portability under section 8(r) of the Act of tenant-based
            rental assistance; and (2) for adjustments for public housing
            agencies with voucher leasing rates at the end of the calendar
            year that exceed the average leasing for the 12-month period
            used to establish the allocation: Provided further, That none
            of the funds provided under this paragraph may be used to
            support a total number of unit months under lease which exceeds
            a public housing agency's authorized level of units under
            contract: Provided further, That the Secretary shall, to the
            extent necessary to stay within the amount specified under this
            paragraph, after subtracting $723,257,000 from such amount, pro
            rate each public housing agency's allocation otherwise
            established pursuant to this paragraph: Provided further, That
            except as provided in the last proviso, the entire amount
            specified under this paragraph, except for $723,257,000 shall
            be obligated to the public housing agencies based on the
            allocation and pro rata method described above and the
            Secretary shall notify public housing agencies of their annual
            budget not later than 60 days after enactment of this Act:
            Provided further, That the Secretary may extend the 60 day
            notification period with the written approval of the House and
            Senate Committees on Appropriations: Provided further, That
            public housing agencies participating in the Moving to Work
            demonstration shall be funded pursuant to their Moving to Work
            agreements and shall be subject to the same pro rata
            adjustments under the previous proviso;
                (2) $200,000,000 for section 8 rental assistance for
            relocation and replacement of housing units that are demolished
            or disposed of pursuant to the Omnibus Consolidated Rescissions
            and Appropriations Act of 1996 (Public Law 104-134), conversion
            of section 23 projects to assistance under section 8, the
            family unification program under section 8(x) of the Act,
            relocation of witnesses in connection with efforts to combat
            crime in public and assisted housing pursuant to a request from
            a law enforcement or prosecution agency, enhanced vouchers
            under any provision of law authorizing such assistance under
            section 8(t) of the Act, HOPE VI vouchers, mandatory and
            voluntary conversions, and tenant protection assistance
            including replacement and relocation assistance: Provided, That
            the Secretary shall provide replacement vouchers for all units
            that were occupied within the previous 24 months that cease to
            be available as assisted housing due to demolition,
            disposition, or conversion, subject only to the availability of
            funds;
                (3) $49,000,000 for family self-sufficiency coordinators
            under section 23 of the Act;
                (4) up to $6,494,000 may be transferred to the Working
            Capital Fund;
                (5) $1,351,000,000 for administrative and other expenses of
            public housing agencies in administering the section 8 tenant-
            based rental assistance program and which up to $35,000,000
            shall be available to the Secretary to allocate to public
            housing agencies that need additional funds to administer their
            section 8 programs, with up to $30,000,000 to be for fees
            associated with section 8 tenant protection rental assistance:
            Provided, That no less than $1,316,000,000 of the amount
            provided in this paragraph shall be allocated for the calendar
            year 2008 funding cycle on a basis to public housing agencies
            as provided in section 8(q) of the Act as in effect immediately
            before the enactment of the Quality Housing and Work
            Responsibility Act of 1998 (Public Law 105-276);
                (6) $20,000,000 for incremental voucher assistance through
            the Family Unification Program;
                (7) $75,000,000 for incremental rental voucher assistance
            for use through a supported housing program administered in
            conjunction with the Department of Veterans Affairs as
            authorized under section 8(o)(19) of the United States Housing
            Act of 1937: Provided, That the Secretary of Housing and Urban
            Development shall make such funding available, notwithstanding
            section 204 (competition provision) of this title, to public
            housing agencies that partner with eligible VA Medical Centers
            or other entities as designated by the Secretary of the
            Department of Veterans Affairs, based on geographical need for
            such assistance as identified by the Secretary of the
            Department of Veterans Affairs, public housing agency
            administrative performance, and other factors as specified by
            the Secretary of Housing and Urban Development in consultation
            with the Secretary of the Department of Veterans Affairs:
            Provided further, That the Secretary of Housing and Urban
            Development may waive, or specify alternative requirements for
            (in consultation with the Secretary of the Department of
            Veterans Affairs), any provision of any statute or regulation
            that the Secretary of Housing and Urban Development administers
            in connection with the use of funds made available under this
            paragraph (except for requirements related to fair housing,
            nondiscrimination, labor standards, and the environment), upon
            a finding by the Secretary that any such waivers or alternative
            requirements are necessary for the effective delivery and
            administration of such voucher assistance: Provided further,
            That assistance made available under this paragraph shall
            continue to remain available for homeless veterans upon turn-
            over; and
                (8) $30,000,000 for incremental vouchers under section 8 of
            the Act for nonelderly disabled families affected by the
            designation of a public housing development under section 7 of
            the Act, the establishment of preferences in accordance with
            section 651 of the Housing and Community Development Act of
            1992 (42 U.S.C. 13611), or the restriction of occupancy to
            elderly families in accordance with section 658 of such Act (42
            U.S.C. 13618), and to the extent the Secretary determines that
            such amount is not needed to fund applications for such
            affected families, for other nonelderly disabled families.

                            housing certificate fund

                                  (rescission)

        Of the unobligated balances, including recaptures and carryover,
    remaining from funds appropriated to the Department of Housing and
    Urban Development under this heading, the heading ``Annual
    Contributions for Assisted Housing'', the heading ``Tenant-Based Rental
    Assistance'', and the heading ``Project-Based Rental Assistance'', for
    fiscal year 2007 and prior years, $1,250,000,000 are rescinded, to be
    effected by the Secretary of Housing and Urban Development no later
    than September 30, 2008: Provided, That if insufficient funds exist
    under these headings, the remaining balance may be derived from any
    other heading under this title: Provided further, That the Secretary
    shall notify the Committees on Appropriations 30 days in advance of the
    rescission of any funds derived from the headings specified above:
    Provided further, That any such balances governed by reallocation
    provisions under the statute authorizing the program for which the
    funds were originally appropriated shall be available for the
    rescission: Provided further, That any obligated balances of contract
    authority from fiscal year 1974 and prior that have been terminated
    shall be cancelled.

                        project-based rental assistance

                         (including transfer of funds)

        For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937 (42
    U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
    $6,381,810,000, to remain available until expended: Provided, That the
    amounts made available under this heading are provided as follows:
                (1) Up to $6,139,122,000 for expiring or terminating
            section 8 project-based subsidy contracts (including section 8
            moderate rehabilitation contracts), for amendments to section 8
            project-based subsidy contracts (including section 8 moderate
            rehabilitation contracts), for contracts entered into pursuant
            to section 441 of the McKinney-Vento Homeless Assistance Act
            (42 U.S.C. 11401), for renewal of section 8 contracts for units
            in projects that are subject to approved plans of action under
            the Emergency Low Income Housing Preservation Act of 1987 or
            the Low-Income Housing Preservation and Resident Homeownership
            Act of 1990, and for administrative and other expenses
            associated with project-based activities and assistance funded
            under this paragraph.
                (2) Not less than $238,728,000 but not to exceed
            $286,230,000 for performance-based contract administrators for
            section 8 project-based assistance: Provided, That the
            Secretary of Housing and Urban Development may also use such
            amounts for performance-based contract administrators for:
            interest reduction payments pursuant to section 236(a) of the
            National Housing Act (12 U.S.C. 1715z-1(a)); rent supplement
            payments pursuant to section 101 of the Housing and Urban
            Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2)
            rental assistance payments (12 U.S.C. 1715z-1(f)(2)); project
            rental assistance contracts for the elderly under section
            202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); project
            rental assistance contracts for supportive housing for persons
            with disabilities under section 811(d)(2) of the Cranston-
            Gonzalez National Affordable Housing Act (42 U.S.C.
            8013(d)(2)); project assistance contracts pursuant to section
            202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
            667); and loans under section 202 of the Housing Act of 1959
            (Public Law 86-372; 73 Stat. 667).
                (3) Not to exceed $3,960,000 may be transferred to the
            Working Capital Fund.
                (4) Amounts recaptured under this heading, the heading
            ``Annual Contributions for Assisted Housing'', or the heading
            ``Housing Certificate Fund'' may be used for renewals of or
            amendments to section 8 project-based contracts or for
            performance-based contract administrators, notwithstanding the
            purposes for which such amounts were appropriated.

                          public housing capital fund

                         (including transfer of funds)

        For the Public Housing Capital Fund Program to carry out capital
    and management activities for public housing agencies, as authorized
    under section 9 of the United States Housing Act of 1937 (42 U.S.C.
    1437g) (the ``Act'') $2,438,964,000, to remain available until
    September 30, 2011: Provided, That notwithstanding any other provision
    of law or regulation, during fiscal year 2008 the Secretary of Housing
    and Urban Development may not delegate to any Department official other
    than the Deputy Secretary and the Assistant Secretary for Public and
    Indian Housing any authority under paragraph (2) of section 9(j)
    regarding the extension of the time periods under such section:
    Provided further, That for purposes of such section 9(j), the term
    ``obligate'' means, with respect to amounts, that the amounts are
    subject to a binding agreement that will result in outlays, immediately
    or in the future: Provided further, That of the total amount provided
    under this heading, up to $12,000,000 shall be for carrying out
    activities under section 9(h) of such Act; not to exceed $16,847,000
    may be transferred to the Working Capital Fund; and up to $15,345,000
    shall be to support the ongoing Public Housing Financial and Physical
    Assessment activities of the Real Estate Assessment Center (REAC):
    Provided further, That no funds may be used under this heading for the
    purposes specified in section 9(k) of the Act: Provided further, That
    of the total amount provided under this heading, not to exceed
    $18,500,000 shall be available for the Secretary to make grants,
    notwithstanding section 204 of this Act, to public housing agencies for
    emergency capital needs resulting from unforeseen or unpreventable
    emergencies and natural disasters occurring in fiscal year 2008:
    Provided further, That of the total amount provided under this heading,
    $40,000,000 shall be for supportive services, service coordinators and
    congregate services as authorized by section 34 of the Act (42 U.S.C.
    1437z-6) and the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided further,
    That of the total amount provided under this heading up to $8,820,000
    is to support the costs of administrative and judicial receiverships:
    Provided further, That from the funds made available under this
    heading, the Secretary shall provide bonus awards in fiscal year 2008
    to public housing agencies that are designated high performers.

                         public housing operating fund

        For 2008 payments to public housing agencies for the operation and
    management of public housing, as authorized by section 9(e) of the
    United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,200,000,000;
    of which $5,940,000 shall be for competitive grants and contracts to
    third parties for the provision of technical assistance to public
    housing agencies related to the transition and implementation of asset-
    based management in public housing: Provided, That, in fiscal year 2008
    and all fiscal years hereafter, no amounts under this heading in any
    appropriations Act may be used for payments to public housing agencies
    for the costs of operation and management of public housing for any
    year prior to the current year of such Act: Provided further, That no
    funds may be used under this heading for the purposes specified in
    section 9(k) of the United States Housing Act of 1937.

         revitalization of severely distressed public housing (hope vi)

        For grants to public housing agencies for demolition, site
    revitalization, replacement housing, and tenant-based assistance grants
    to projects as authorized by section 24 of the United States Housing
    Act of 1937 (42 U.S.C. 1437v), $100,000,000, to remain available until
    September 30, 2008, of which the Secretary of Housing and Urban
    Development shall use $2,400,000 for technical assistance and contract
    expertise, to be provided directly or indirectly by grants, contracts
    or cooperative agreements, including training and cost of necessary
    travel for participants in such training, by or to officials and
    employees of the department and of public housing agencies and to
    residents: Provided, That none of such funds shall be used directly or
    indirectly by granting competitive advantage in awards to settle
    litigation or pay judgments, unless expressly permitted herein.

                      native american housing block grants

        For the Native American Housing Block Grants program, as authorized
    under title I of the Native American Housing Assistance and Self-
    Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
    $630,000,000, to remain available until expended: Provided, That,
    notwithstanding the Native American Housing Assistance and Self-
    Determination Act of 1996, to determine the amount of the allocation
    under title I of such Act for each Indian tribe, the Secretary shall
    apply the formula under section 302 of such Act with the need component
    based on single-race Census data and with the need component based on
    multi-race Census data, and the amount of the allocation for each
    Indian tribe shall be the greater of the two resulting allocation
    amounts: Provided further, That of the amounts made available under
    this heading, $2,000,000 shall be contracted for assistance for a
    national organization representing Native American Housing interests
    for providing training and technical assistance to Indian Housing
    authorities and tribally designated housing entities as authorized
    under NAHASDA; and $4,250,000 shall be to support the inspection of
    Indian housing units, contract expertise, training, and technical
    assistance in the training, oversight, and management of such Indian
    housing and tenant-based assistance, including up to $300,000 for
    related travel: Provided further, That of the amount provided under
    this heading, $1,980,000 shall be made available for the cost of
    guaranteed notes and other obligations, as authorized by title VI of
    NAHASDA: Provided further, That such costs, including the costs of
    modifying such notes and other obligations, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That these funds are available to subsidize the total
    principal amount of any notes and other obligations, any part of which
    is to be guaranteed, not to exceed $17,000,000.

                      native hawaiian housing block grant

        For the Native Hawaiian Housing Block Grant program, as authorized
    under title VIII of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4111 et seq.), $9,000,000, to
    remain available until expended, of which $300,000 shall be for
    training and technical assistance activities.

               indian housing loan guarantee fund program account

        For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
    13a), $7,450,000, to remain available until expended: Provided, That
    such costs, including the costs of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That these funds are available to subsidize total
    loan principal, any part of which is to be guaranteed, up to
    $367,000,000.

          native hawaiian housing loan guarantee fund program account

        For the cost of guaranteed loans, as authorized by section 184A of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
    13b), $1,044,000, to remain available until expended: Provided, That
    such costs, including the costs of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That these funds are available to subsidize total
    loan principal, any part of which is to be guaranteed, not to exceed
    $41,504,255.

                       Community Planning and Development

                  housing opportunities for persons with aids

                         (including transfer of funds)

        For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $300,100,000, to remain available until September 30,
    2009, except that amounts allocated pursuant to section 854(c)(3) of
    such Act shall remain available until September 30, 2010: Provided,
    That the Secretary shall renew all expiring contracts for permanent
    supportive housing that were funded under section 854(c)(3) of such Act
    that meet all program requirements before awarding funds for new
    contracts and activities authorized under this section: Provided
    further, That the Secretary may use not to exceed $1,485,000 of the
    funds under this heading for training, oversight, and technical
    assistance activities; and not to exceed $1,485,000 may be transferred
    to the Working Capital Fund.

                     rural housing and economic development

        For the Office of Rural Housing and Economic Development in the
    Department of Housing and Urban Development, $17,000,000, to remain
    available until expended, which amount shall be competitively awarded
    by September 1, 2008, to Indian tribes, State housing finance agencies,
    State community and/or economic development agencies, local rural
    nonprofits and community development corporations to support innovative
    housing and economic development activities in rural areas.

                           community development fund

                         (including transfer of funds)

        For assistance to units of State and local government, and to other
    entities, for economic and community development activities, and for
    other purposes, $3,865,800,000, to remain available until September 30,
    2010, unless otherwise specified: Provided, That of the amount
    provided, $3,593,430,000 is for carrying out the community development
    block grant program under title I of the Housing and Community
    Development Act of 1974, as amended (the ``Act'' herein) (42 U.S.C.
    5301 et seq.): Provided further, That unless explicitly provided for
    under this heading (except for planning grants provided in the second
    paragraph and amounts made available under the third paragraph), not to
    exceed 20 percent of any grant made with funds appropriated under this
    heading shall be expended for planning and management development and
    administration: Provided further, That not to exceed $1,570,000 may be
    transferred to the Working Capital Fund: Provided further, That
    $3,000,000 is for technical assistance as authorized by section
    107(b)(4) of such Act: Provided further, That $62,000,000 shall be for
    grants to Indian tribes notwithstanding section 106(a)(1) of such Act,
    of which, notwithstanding any other provision of law (including section
    305 of this Act), up to $3,960,000 may be used for emergencies that
    constitute imminent threats to health and safety.
        Of the amount made available under this heading, $179,830,000 shall
    be available for grants for the Economic Development Initiative (EDI)
    to finance a variety of targeted economic investments in accordance
    with the terms and conditions specified in the explanatory statement
    accompanying this Act: Provided, That the amount made available for
    each grant shall be at the level of 98 percent of the corresponding
    amount cited in said explanatory statement: Provided further, That none
    of the funds provided under this paragraph may be used for program
    operations: Provided further, That, for fiscal years 2006, 2007, and
    2008, no unobligated funds for EDI grants may be used for any purpose
    except acquisition, planning, design, purchase of equipment,
    revitalization, redevelopment or construction.
        Of the amount made available under this heading, $25,970,000 shall
    be available for neighborhood initiatives that are utilized to improve
    the conditions of distressed and blighted areas and neighborhoods, to
    stimulate investment, economic diversification, and community
    revitalization in areas with population outmigration or a stagnating or
    declining economic base, or to determine whether housing benefits can
    be integrated more effectively with welfare reform initiatives:
    Provided, That amounts made available under this paragraph shall be
    provided in accordance with the terms and conditions specified in the
    explanatory statement accompanying this Act: Provided further, That the
    amount made available for each initiative shall be at the level of 98
    percent of the corresponding amount cited in said explanatory
    statement.
        The statement of managers correction referenced in the second
    paragraph under this heading in title III of division A of Public Law
    109-115 is deemed to be amended with respect to item number 846 by
    striking ``Mahonoy City, Pennsylvania for improvements to West Market
    Street'' and inserting ``Mahanoy City, Pennsylvania for improvements to
    Centre Street''.
        The statement of managers correction referenced in the second
    paragraph under this heading in title III of division A of Public Law
    109-115 is deemed to be amended with respect to item number 250 by
    striking ``for renovation and construction of a resource center'' and
    inserting ``for construction of a homeless shelter''.
        The statement of managers correction referenced in the second
    paragraph under this heading in title III of division A of Public Law
    109-115 is deemed to be amended with respect to item number 713 by
    striking ``for construction of a senior center'' and inserting
    ``renovation and expansion of facilities''.
        The statement of managers correction referenced in the second
    paragraph under this heading in title III of division A of Public Law
    109-115 is deemed to be amended with respect to item number 844 by
    striking ``Liverpool Township'' and inserting ``Liverpool Borough''.
        The referenced statement of managers under this heading in title II
    of division I of Public Law 108-447 is deemed to be amended with
    respect to item number 36 by striking ``respite care facility'' and
    inserting ``rehabilitative care facility for the developmentally
    disabled''.
        The referenced statement of managers under this heading in title II
    of division I of Public Law 108-7 is deemed to be amended with respect
    to item number 608 by striking ``construct'' and inserting ``purchase
    and make improvements to facilities for''.
        The referenced statement of managers under this heading in title II
    of division I of Public Law 108-447 is deemed to be amended with
    respect to item number 521 by striking ``Missouri'' and inserting
    ``Metropolitan Statistical Area''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title II of Public Law 108-447 is deemed to be
    amended with respect to item number 203 by striking ``equipment'' and
    inserting ``renovation and construction''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 696 by striking ``a
    Small Business Development Center'' and inserting ``for revitalization
    costs at the College of Agriculture Biotechnology and Natural
    Resources''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 460 by striking
    ``Maine-Mawoshen One Country, Two Worlds Project'' and inserting
    ``Sharing Maine's Maritime Heritage Project--Construction and access to
    exhibits''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 914 by striking ``the
    Pastime Theatre in Bristol, Rhode Island for building improvements''
    and inserting ``the Institute for the Study and Practice of Nonviolence
    in Providence, Rhode Island for building renovations''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 918 by striking
    ``South Kingstown'' and inserting ``Washington County''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 624 by striking ``for
    the construction of a new technology building'' and inserting ``for
    renovations to the Wheeler Community Center''.
        The referenced statement of the managers under this heading in
    Public Law 109-115 is deemed to be amended with respect to item number
    1065 by inserting ``South'' prior to ``Burlington''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 102 by striking ``for
    preservation of the CA Mining and Mineral Museum'' and inserting ``for
    planning, design, and construction of the CA Mining and Mineral
    Museum'' in its place.

             community development loan guarantees program account

        For the cost of guaranteed loans, $4,500,000, to remain available
    until September 30, 2009, as authorized by section 108 of the Housing
    and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974:
    Provided further, That these funds are available to subsidize total
    loan principal, any part of which is to be guaranteed, not to exceed
    $205,000,000, notwithstanding any aggregate limitation on outstanding
    obligations guaranteed in section 108(k) of the Housing and Community
    Development Act of 1974, as amended.

                           brownfields redevelopment

        For competitive economic development grants, as authorized by
    section 108(q) of the Housing and Community Development Act of 1974, as
    amended, for Brownfields redevelopment projects, $10,000,000, to remain
    available until September 30, 2009: Provided, That no funds made
    available under this heading may be used to establish loan loss
    reserves for the section 108 Community Development Loan Guarantee
    program.

                      home investment partnerships program

                         (including transfer of funds)

        For the HOME investment partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended, $1,704,000,000, to remain available until September 30, 2010,
    of which not to exceed $3,465,000 may be transferred to the Working
    Capital Fund: Provided, That up to $12,500,000 shall be available for
    technical assistance: Provided further, That of the total amount
    provided in this paragraph, up to $50,000,000 shall be available for
    housing counseling under section 106 of the Housing and Urban
    Development Act of 1968: Provided further, That, from amounts
    appropriated or otherwise made available under this heading,
    $10,000,000 may be made available to promote broader participation in
    homeownership through the American Dream Downpayment Initiative, as
    such initiative is set forth under section 271 of the Cranston-Gonzalez
    National Affordable Housing Act (42 U.S.C. 12821).

            self-help and assisted homeownership opportunity program

        For the Self-Help and Assisted Homeownership Opportunity Program,
    as authorized under section 11 of the Housing Opportunity Program
    Extension Act of 1996, as amended, $60,000,000, to remain available
    until September 30, 2010: Provided, That of the total amount provided
    under this heading, $26,500,000 shall be made available to the Self-
    Help and Assisted Homeownership Opportunity Program as authorized under
    section 11 of the Housing Opportunity Program Extension Act of 1996, as
    amended: Provided further, That $33,500,000 shall be made available for
    the first four capacity building activities authorized under section
    4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of
    which up to $5,000,000 may be made available for rural capacity
    building activities.

                           homeless assistance grants

                         (including transfer of funds)

        For the emergency shelter grants program as authorized under
    subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
    as amended; the supportive housing program as authorized under subtitle
    C of title IV of such Act; the section 8 moderate rehabilitation single
    room occupancy program as authorized under the United States Housing
    Act of 1937, as amended, to assist homeless individuals pursuant to
    section 441 of the McKinney-Vento Homeless Assistance Act; and the
    shelter plus care program as authorized under subtitle F of title IV of
    such Act, $1,585,990,000, of which $1,580,990,000 shall remain
    available until September 30, 2010, and of which $5,000,000 shall
    remain available until expended for rehabilitation projects with ten-
    year grant terms: Provided, That of the amounts provided, $25,000,000
    shall be set aside to conduct a demonstration program for the rapid re-
    housing of homeless families: Provided further, That of amounts made
    available in the preceding proviso, not to exceed $1,250,000 may be
    used to conduct an evaluation of this demonstration program: Provided
    further, That funding made available for this demonstration program
    shall be used by the Secretary, expressly for the purposes of providing
    housing and services to homeless families in order to evaluate the
    effectiveness of the rapid re-housing approach in addressing the needs
    of homeless families: Provided further, That not less than 30 percent
    of funds made available, excluding amounts provided for renewals under
    the shelter plus care program, shall be used for permanent housing for
    individuals and families: Provided further, That all funds awarded for
    services shall be matched by 25 percent in funding by each grantee:
    Provided further, That the Secretary shall renew on an annual basis
    expiring contracts or amendments to contracts funded under the shelter
    plus care program if the program is determined to be needed under the
    applicable continuum of care and meets appropriate program requirements
    and financial standards, as determined by the Secretary: Provided
    further, That all awards of assistance under this heading shall be
    required to coordinate and integrate homeless programs with other
    mainstream health, social services, and employment programs for which
    homeless populations may be eligible, including Medicaid, State
    Children's Health Insurance Program, Temporary Assistance for Needy
    Families, Food Stamps, and services funding through the Mental Health
    and Substance Abuse Block Grant, Workforce Investment Act, and the
    Welfare-to-Work grant program: Provided further, That up to $8,000,000
    of the funds appropriated under this heading shall be available for the
    national homeless data analysis project and technical assistance:
    Provided further, That not to exceed $2,475,000 of the funds
    appropriated under this heading may be transferred to the Working
    Capital Fund: Provided further, That all balances for Shelter Plus Care
    renewals previously funded from the Shelter Plus Care Renewal account
    and transferred to this account shall be available, if recaptured, for
    Shelter Plus Care renewals in fiscal year 2008.

                                Housing Programs

                            housing for the elderly

                         (including transfer of funds)

        For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959, as amended, and for project rental assistance
    for the elderly under section 202(c)(2) of such Act, including
    amendments to contracts for such assistance and renewal of expiring
    contracts for such assistance for up to a 1-year term, and for
    supportive services associated with the housing, $735,000,000, to
    remain available until September 30, 2011, of which up to $628,850,000
    shall be for capital advance and project-based rental assistance
    awards: Provided, That, of the amount provided under this heading, up
    to $60,000,000 shall be for service coordinators and the continuation
    of existing congregate service grants for residents of assisted housing
    projects, and of which up to $24,750,000 shall be for grants under
    section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for
    conversion of eligible projects under such section to assisted living
    or related use and for emergency capital repairs as determined by the
    Secretary: Provided further, That of the amount made available under
    this heading, $20,000,000 shall be available to the Secretary of
    Housing and Urban Development only for making competitive grants to
    private nonprofit organizations and consumer cooperatives for covering
    costs of architectural and engineering work, site control, and other
    planning relating to the development of supportive housing for the
    elderly that is eligible for assistance under section 202 of the
    Housing Act of 1959 (12 U.S.C. 1701q): Provided further, That amounts
    under this heading shall be available for Real Estate Assessment Center
    inspections and inspection-related activities associated with section
    202 capital advance projects: Provided further, That not to exceed
    $1,400,000 of the total amount made available under this heading may be
    transferred to the Working Capital Fund: Provided further, That the
    Secretary may waive the provisions of section 202 governing the terms
    and conditions of project rental assistance, except that the initial
    contract term for such assistance shall not exceed 5 years in duration.

                     housing for persons with disabilities

                         (including transfer of funds)

        For capital advance contracts, including amendments to capital
    advance contracts, for supportive housing for persons with
    disabilities, as authorized by section 811 of the Cranston-Gonzalez
    National Affordable Housing Act (42 U.S.C. 8013), for project rental
    assistance for supportive housing for persons with disabilities under
    section 811(d)(2) of such Act, including amendments to contracts for
    such assistance and renewal of expiring contracts for such assistance
    for up to a 1-year term, and for supportive services associated with
    the housing for persons with disabilities as authorized by section
    811(b)(1) of such Act, and for tenant-based rental assistance contracts
    entered into pursuant to section 811 of such Act, $237,000,000, to
    remain available until September 30, 2011: Provided, That not to exceed
    $600,000 may be transferred to the Working Capital Fund: Provided
    further, That, of the amount provided under this heading $74,745,000
    shall be for amendments or renewal of tenant-based assistance contracts
    entered into prior to fiscal year 2005 (only one amendment authorized
    for any such contract): Provided further, That all tenant-based
    assistance made available under this heading shall continue to remain
    available only to persons with disabilities: Provided further, That the
    Secretary may waive the provisions of section 811 governing the terms
    and conditions of project rental assistance and tenant-based
    assistance, except that the initial contract term for such assistance
    shall not exceed 5 years in duration: Provided further, That amounts
    made available under this heading shall be available for Real Estate
    Assessment Center Inspections and inspection-related activities
    associated with section 811 Capital Advance Projects.

                        other assisted housing programs

                           rental housing assistance

        For amendments to contracts under section 101 of the Housing and
    Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
    of the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-
    insured rental housing projects, $27,600,000, to remain available until
    expended.

                                rent supplement

                                  (rescission)

        Of the amounts made available under the heading ``Rent Supplement''
    in Public Law 98-63 for amendments to contracts under section 101 of
    the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and
    section 236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in
    State-aided, non-insured rental housing projects, $37,600,000 are
    rescinded.

                             flexible subsidy fund

                              (transfer of funds)

        From the Rental Housing Assistance Fund, all uncommitted balances
    of excess rental charges as of September 30, 2007, and any collections
    made during fiscal year 2008 and all subsequent fiscal years, shall be
    transferred to the Flexible Subsidy Fund, as authorized by section
    236(g) of the National Housing Act.

                      manufactured housing fees trust fund

        For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
    et seq.), up to $16,000,000, to remain available until expended, to be
    derived from the Manufactured Housing Fees Trust Fund: Provided, That
    not to exceed the total amount appropriated under this heading shall be
    available from the general fund of the Treasury to the extent necessary
    to incur obligations and make expenditures pending the receipt of
    collections to the Fund pursuant to section 620 of such Act: Provided
    further, That the amount made available under this heading from the
    general fund shall be reduced as such 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 $0 and
    fees pursuant to such section 620 shall be modified as necessary to
    ensure such a final fiscal year 2008 appropriation: Provided further,
    That for the dispute resolution and installation programs, the
    Secretary of Housing and Urban Development may assess and collect fees
    from any program participant: Provided further, That such collections
    shall be deposited into the Fund, and the Secretary, as provided
    herein, may use such collections, as well as fees collected under
    section 620, for necessary expenses of such Act: Provided further, That
    notwithstanding the requirements of section 620 of such Act, the
    Secretary may carry out responsibilities of the Secretary under such
    Act through the use of approved service providers that are paid
    directly by the recipients of their services.

                         Federal Housing Administration

                   mutual mortgage insurance program account

                         (including transfers of funds)

        During fiscal year 2008, commitments to guarantee loans to carry
    out the purposes of section 203(b) of the National Housing Act, as
    amended, shall not exceed a loan principal of $185,000,000,000.
        During fiscal year 2008, obligations to make direct loans to carry
    out the purposes of section 204(g) of the National Housing Act, as
    amended, shall not exceed $50,000,000: Provided, That the foregoing
    amount shall be for loans to nonprofit and governmental entities in
    connection with sales of single family real properties owned by the
    Secretary and formerly insured under the Mutual Mortgage Insurance
    Fund.
        For administrative contract expenses, $77,400,000, of which not to
    exceed $25,550,000 may be transferred to the Working Capital Fund, and
    of which up to $5,000,000 shall be for education and outreach of FHA
    single family loan products: Provided, That to the extent guaranteed
    loan commitments exceed $65,500,000,000 on or before April 1, 2008, an
    additional $1,400 for administrative contract expenses shall be
    available for each $1,000,000 in additional guaranteed loan commitments
    (including a pro rata amount for any amount below $1,000,000), but in
    no case shall funds made available by this proviso exceed $30,000,000.

                    general and special risk program account

                         (including transfers of funds)

        For the cost of guaranteed loans, as authorized by sections 238 and
    519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c),
    including the cost of loan guarantee modifications, as that term is
    defined in section 502 of the Congressional Budget Act of 1974, as
    amended, $8,600,000, to remain available until expended: Provided, That
    commitments to guarantee loans shall not exceed $45,000,000,000 in
    total loan principal, any part of which is to be guaranteed.
        Gross obligations for the principal amount of direct loans, as
    authorized by sections 204(g), 207(l), 238, and 519(a) of the National
    Housing Act, shall not exceed $50,000,000, of which not to exceed
    $30,000,000 shall be for bridge financing in connection with the sale
    of multifamily real properties owned by the Secretary and formerly
    insured under such Act; and of which not to exceed $20,000,000 shall be
    for loans to nonprofit and governmental entities in connection with the
    sale of single-family real properties owned by the Secretary and
    formerly insured under such Act.
        For administrative contract expenses necessary to carry out the
    guaranteed and direct loan programs, $78,111,000, of which not to
    exceed $15,692,000 may be transferred to the Working Capital Fund:
    Provided, That to the extent guaranteed loan commitments exceed
    $8,426,000,000 on or before April 1, 2008, an additional $1,980 for
    administrative contract expenses shall be available for each $1,000,000
    in additional guaranteed loan commitments over $8,426,000,000
    (including a pro rata amount for any increment below $1,000,000), but
    in no case shall funds made available by this proviso exceed
    $14,400,000.
        For discount sales of multifamily real property under sections
    207(1) or 246 of the National Housing Act (12 U.S.C. 1713(l), 1715z-
    11), section 203 of the Housing and Community Development Amendments of
    1978 (12 U.S.C. 1701z-11), or section 204 of the Departments of
    Veterans Affairs and Housing and Urban Development, and Independent
    Agencies Appropriations Act, 1997 (12 U.S.C. 1715z-11a), and for
    discount loan sales under section 207(k) of the National Housing Act
    (12 U.S.C. 1713(k)), section 203(k) of the Housing and Community
    Development Amendments of 1978 (12 U.S.C. 1701z-11(k)), or section
    204(a) of the Departments of Veterans Affairs and Housing and Urban
    Development, and Independent Agencies Act, 1997 (12 U.S.C. 1715z-
    11a(a)), $5,000,000, to remain available until September 30, 2009.

                    Government National Mortgage Association

    guarantees of mortgage-backed securities loan guarantee program account

        New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C.
    1721(g)), shall not exceed $200,000,000,000, to remain available until
    September 30, 2009.

                        Policy Development and Research

                            research and technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
    carrying out the functions of the Secretary of Housing and Urban
    Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
    1968, $51,440,000, to remain available until September 30, 2009:
    Provided, That of the total amount provided under this heading, up to
    $5,000,000 shall be for the Partnership for Advancing Technology in
    Housing Initiative: Provided further, That of the funds made available
    under this heading, $23,000,000 is for grants pursuant to section 107
    of the Housing and Community Development Act of 1974 (42 U.S.C. 5307):
    Provided further, That activities for the Partnership for Advancing
    Technology in Housing Initiative shall be administered by the Office of
    Policy Development and Research.

                       Fair Housing and Equal Opportunity

                            fair housing activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $50,000,000, to remain available until September 30, 2009, of which
    $24,000,000 shall be to carry out activities pursuant to such section
    561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
    assess and collect fees to cover the costs of the Fair Housing Training
    Academy, and may use such funds to provide such training: Provided
    further, That no funds made available under this heading shall be used
    to lobby the executive or legislative branches of the Federal
    Government in connection with a specific contract, grant or loan:
    Provided further, That of the funds made available under this heading,
    $380,000 shall be available to the Secretary of Housing and Urban
    Development for the creation and promotion of translated materials and
    other programs that support the assistance of persons with limited
    English proficiency in utilizing the services provided by the
    Department of Housing and Urban Development.

                         Office of Lead Hazard Control

                             lead hazard reduction

        For the Lead Hazard Reduction Program, as authorized by section
    1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $145,000,000, to remain available until September 30, 2009, of which
    $8,800,000 shall be for the Healthy Homes Initiative, pursuant to
    sections 501 and 502 of the Housing and Urban Development Act of 1970
    that shall include research, studies, testing, and demonstration
    efforts, including education and outreach concerning lead-based paint
    poisoning and other housing-related diseases and hazards: Provided,
    That for purposes of environmental review, pursuant to the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
    provisions of law that further the purposes of such Act, a grant under
    the Healthy Homes Initiative, Operation Lead Elimination Action Plan
    (LEAP), or the Lead Technical Studies program under this heading or
    under prior appropriations Acts for such purposes under this heading,
    shall be considered to be funds for a special project for purposes of
    section 305(c) of the Multifamily Housing Property Disposition Reform
    Act of 1994: Provided further, That of the total amount made available
    under this heading, $48,000,000 shall be made available on a
    competitive basis for areas with the highest lead paint abatement
    needs: Provided further, That each recipient of funds provided under
    the second proviso shall make a matching contribution in an amount not
    less than 25 percent: Provided further, That the Secretary may waive
    the matching requirement cited in the preceding proviso on a case by
    case basis if the Secretary determines that such a waiver is necessary
    to advance the purposes of this program: Provided further, That each
    applicant shall submit a detailed plan and strategy that demonstrates
    adequate capacity that is acceptable to the Secretary to carry out the
    proposed use of funds pursuant to a notice of funding availability:
    Provided further, That of the total amount made available under this
    heading, $2,000,000 shall be available for the Big Buy Program to be
    managed by the Office of Healthy Homes and Lead Hazard Control.

                         Management and Administration

                              working capital fund

        For additional capital for the Working Capital Fund (42 U.S.C.
    3535) for the development of, modifications to, and infrastructure for
    Department-wide information technology systems, for the continuing
    operation and maintenance of both Department-wide and program-specific
    information systems, and for program-related development activities,
    $155,000,000, to remain available until September 30, 2009: Provided,
    That any amounts transferred to this Fund under this Act shall remain
    available until expended: Provided further, That any amounts
    transferred to this Fund from amounts appropriated by previously
    enacted appropriations Acts or from within this Act may be used only
    for the purposes specified under this Fund, in addition to the purposes
    for which such amounts were appropriated.

                          office of inspector general

        For necessary salaries and expenses of the Office of Inspector
    General in carrying out the Inspector General Act of 1978, as amended,
    $112,000,000: Provided, That the Inspector General shall have
    independent authority over all personnel issues within this office.

                 Office of Federal Housing Enterprise Oversight

                             salaries and expenses

        For carrying out the Federal Housing Enterprises Financial Safety
    and Soundness Act of 1992, including not to exceed $500 for official
    reception and representation expenses, $66,000,000, to remain available
    until expended, to be derived from the Federal Housing Enterprises
    Oversight Fund: Provided, That the Director shall submit a spending
    plan for the amounts provided under this heading no later than January
    15, 2008: Provided further, That not less than 80 percent of the total
    amount made available under this heading shall be used only for
    examination, supervision, and capital oversight of the enterprises (as
    such term is defined in section 1303 of the Federal Housing Enterprises
    Financial Safety and Soundness Act of 1992 (12 U.S.C. 4502)) to ensure
    that the enterprises are operating in a financially safe and sound
    manner and complying with the capital requirements under Subtitle B of
    such Act: Provided further, That not to exceed the amount provided
    herein shall be available from the general fund of the Treasury to the
    extent necessary to incur obligations and make expenditures pending the
    receipt of collections to the Fund: Provided further, That the general
    fund amount shall be reduced as collections are received during the
    fiscal year so as to result in a final appropriation from the general
    fund estimated at not more than $0.

        General Provisions--Department of Housing and Urban Development

                        (including rescission of funds)

        Sec. 201. Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
    of 1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of
    cash, shall be remitted to the Treasury, and such amounts of budget
    authority or cash recaptured and not rescinded or remitted to the
    Treasury shall be used by State housing finance agencies or local
    governments or local housing agencies with projects approved by the
    Secretary of Housing and Urban Development for which settlement
    occurred after January 1, 1992, in accordance with such section.
    Notwithstanding the previous sentence, the Secretary may award up to 15
    percent of the budget authority or cash recaptured and not rescinded or
    remitted to the Treasury to provide project owners with incentives to
    refinance their project at a lower interest rate.
        Sec. 202. None of the amounts made available under this Act may be
    used during fiscal year 2008 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a non-frivolous legal
    action, that is engaged in solely for the purpose of achieving or
    preventing action by a Government official or entity, or a court of
    competent jurisdiction.
        Sec. 203. (a) Notwithstanding section 854(c)(1)(A) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any amounts
    made available under this title for fiscal year 2008 that are allocated
    under such section, the Secretary of Housing and Urban Development
    shall allocate and make a grant, in the amount determined under
    subsection (b), for any State that--
                (1) received an allocation in a prior fiscal year under
            clause (ii) of such section; and
                (2) is not otherwise eligible for an allocation for fiscal
            year 2008 under such clause (ii) because the areas in the State
            outside of the metropolitan statistical areas that qualify
            under clause (i) in fiscal year 2008 do not have the number of
            cases of acquired immunodeficiency syndrome (AIDS) required
            under such clause.
        (b) The amount of the allocation and grant for any State described
    in subsection (a) shall be an amount based on the cumulative number of
    AIDS cases in the areas of that State that are outside of metropolitan
    statistical areas that qualify under clause (i) of such section
    854(c)(1)(A) in fiscal year 2008, in proportion to AIDS cases among
    cities and States that qualify under clauses (i) and (ii) of such
    section and States deemed eligible under subsection (a).
        (c) Notwithstanding any other provision of law, the amount
    allocated for fiscal year 2008 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New
    York, on behalf of the New York-Wayne-White Plains, New York-New Jersey
    Metropolitan Division (hereafter ``metropolitan division'') of the New
    York-Newark-Edison, NY-NJ-PA Metropolitan Statistical Area, shall be
    adjusted by the Secretary of Housing and Urban Development by: (1)
    allocating to the City of Jersey City, New Jersey, the proportion of
    the metropolitan area's or division's amount that is based on the
    number of cases of AIDS reported in the portion of the metropolitan
    area or division that is located in Hudson County, New Jersey, and
    adjusting for the proportion of the metropolitan division's high
    incidence bonus if this area in New Jersey also has a higher than
    average per capita incidence of AIDS; and (2) allocating to the City of
    Paterson, New Jersey, the proportion of the metropolitan area's or
    division's amount that is based on the number of cases of AIDS reported
    in the portion of the metropolitan area or division that is located in
    Bergen County and Passaic County, New Jersey, and adjusting for the
    proportion of the metropolitan division's high incidence bonus if this
    area in New Jersey also has a higher than average per capita incidence
    of AIDS. The recipient cities shall use amounts allocated under this
    subsection to carry out eligible activities under section 855 of the
    AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
    portions of the metropolitan division that is located in New Jersey.
        (d) Notwithstanding any other provision of law, the amount
    allocated for fiscal year 2008 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than
    average per capita incidence of AIDS, shall be adjusted by the
    Secretary on the basis of area incidence reported over a three year
    period.
        Sec. 204. Except as explicitly provided in law, any grant,
    cooperative agreement or other assistance made pursuant to title II of
    this Act shall be made on a competitive basis and in accordance with
    section 102 of the Department of Housing and Urban Development Reform
    Act of 1989 (42 U.S.C. 3545).
        Sec. 205. Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a
    contract or fee basis, and for utilizing and making payment for
    services and facilities of the Federal National Mortgage Association,
    Government National Mortgage Association, Federal Home Loan Mortgage
    Corporation, Federal Financing Bank, Federal Reserve banks or any
    member thereof, Federal Home Loan banks, and any insured bank within
    the meaning of the Federal Deposit Insurance Corporation Act, as
    amended (12 U.S.C. 1811-1831).
        Sec. 206. Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.
        Sec. 207. Corporations and agencies of the Department of Housing
    and Urban Development which are subject to the Government Corporation
    Control Act, are hereby authorized to make such expenditures, within
    the limits of funds and borrowing authority available to each such
    corporation or agency and in accordance with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of such Act as may be necessary in carrying out
    the programs set forth in the budget for 2008 for such corporation or
    agency except as hereinafter provided: Provided, That collections of
    these corporations and agencies may be used for new loan or mortgage
    purchase commitments only to the extent expressly provided for in this
    Act (unless such loans are in support of other forms of assistance
    provided for in this or prior appropriations Acts), except that this
    proviso shall not apply to the mortgage insurance or guaranty
    operations of these corporations, or where loans or mortgage purchases
    are necessary to protect the financial interest of the United States
    Government.
        Sec. 208. None of the funds provided in this title for technical
    assistance, training, or management improvements may be obligated or
    expended unless the Secretary of Housing and Urban Development provides
    to the Committees on Appropriations a description of each proposed
    activity and a detailed budget estimate of the costs associated with
    each program, project or activity as part of the Budget Justifications.
    For fiscal year 2008, the Secretary shall transmit this information to
    the Committees by March 15, 2008 for 30 days of review.
        Sec. 209. The Secretary of Housing and Urban Development shall
    provide quarterly reports to the House and Senate Committees on
    Appropriations regarding all uncommitted, unobligated, recaptured and
    excess funds in each program and activity within the jurisdiction of
    the Department and shall submit additional, updated budget information
    to these Committees upon request.
        Sec. 210. (a) Notwithstanding any other provision of law, the
    amount allocated for fiscal year 2008 under section 854(c) of the AIDS
    Housing Opportunity Act (42 U.S.C. 12903(c)), to the City of
    Wilmington, Delaware, on behalf of the Wilmington, Delaware-Maryland-
    New Jersey Metropolitan Division (hereafter ``metropolitan division''),
    shall be adjusted by the Secretary of Housing and Urban Development by
    allocating to the State of New Jersey the proportion of the
    metropolitan division's amount that is based on the number of cases of
    AIDS reported in the portion of the metropolitan division that is
    located in New Jersey, and adjusting for the proportion of the
    metropolitan division's high incidence bonus if this area in New Jersey
    also has a higher than average per capita incidence of AIDS. The State
    of New Jersey shall use amounts allocated to the State under this
    subsection to carry out eligible activities under section 855 of the
    AIDS Housing Opportunity Act (42 U.S.C. 12904) in the portion of the
    metropolitan division that is located in New Jersey.
        (b) Notwithstanding any other provision of law, the Secretary of
    Housing and Urban Development shall allocate to Wake County, North
    Carolina, the amounts that otherwise would be allocated for fiscal year
    2008 under section 854(c) of the AIDS Housing Opportunity Act (42
    U.S.C. 12903(c)) to the City of Raleigh, North Carolina, on behalf of
    the Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any
    amounts allocated to Wake County shall be used to carry out eligible
    activities under section 855 of such Act (42 U.S.C. 12904) within such
    metropolitan statistical area.
        (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
    Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban
    Development may adjust the allocation of the amounts that otherwise
    would be allocated for fiscal year 2008 under section 854(c) of such
    Act, upon the written request of an applicant, in conjunction with the
    State(s), for a formula allocation on behalf of a metropolitan
    statistical area, to designate the State or States in which the
    metropolitan statistical area is located as the eligible grantee(s) of
    the allocation. In the case that a metropolitan statistical area
    involves more than one State, such amounts allocated to each State
    shall be in proportion to the number of cases of AIDS reported in the
    portion of the metropolitan statistical area located in that State. Any
    amounts allocated to a State under this section shall be used to carry
    out eligible activities within the portion of the metropolitan
    statistical area located in that State.
        Sec. 211. The Secretary of Housing and Urban Development shall
    submit an annual report no later than August 30, 2008 and annually
    thereafter to the House and Senate Committees on Appropriations
    regarding the number of Federally assisted units under lease and the
    per unit cost of these units to the Department of Housing and Urban
    Development.
        Sec. 212. The President's formal budget request for fiscal year
    2009, as well as the Department of Housing and Urban Development's
    congressional budget justifications to be submitted to the Committees
    on Appropriations of the House of Representatives and the Senate, shall
    use the identical account and sub-account structure provided under this
    Act.
        Sec. 213. Amounts made available in this Act or previous
    appropriations Acts for tenant-based rental assistance and used for
    non-elderly disabled families or for the Family Unification Program
    shall, to the extent practicable, remain available for each such
    respective purpose upon turn-over.
        Sec. 214. A public housing agency or such other entity that
    administers Federal housing assistance for the Housing Authority of the
    county of Los Angeles, California, the States of Alaska, Iowa, and
    Mississippi shall not be required to include a resident of public
    housing or a recipient of assistance provided under section 8 of the
    United States Housing Act of 1937 on the board of directors or a
    similar governing board of such agency or entity as required under
    section (2)(b) of such Act. Each public housing agency or other entity
    that administers Federal housing assistance under section 8 for the
    Housing Authority of the county of Los Angeles, California and the
    States of Alaska, Iowa and Mississippi shall establish an advisory
    board of not less than 6 residents of public housing or recipients of
    section 8 assistance to provide advice and comment to the public
    housing agency or other administering entity on issues related to
    public housing and section 8. Such advisory board shall meet not less
    than quarterly.
        Sec. 215. (a) Notwithstanding any other provision of law, subject
    to the conditions listed in subsection (b), for fiscal years 2008 and
    2009, the Secretary of Housing and Urban Development may authorize the
    transfer of some or all project-based assistance, debt and statutorily
    required low-income and very low-income use restrictions, associated
    with one or more multifamily housing project to another multifamily
    housing project or projects.
        (b) The transfer authorized in subsection (a) is subject to the
    following conditions:
                (1) the number of low-income and very low-income units and
            the net dollar amount of Federal assistance provided by the
            transferring project shall remain the same in the receiving
            project or projects;
                (2) the transferring project shall, as determined by the
            Secretary, be either physically obsolete or economically non-
            viable;
                (3) the receiving project or projects shall meet or exceed
            applicable physical standards established by the Secretary;
                (4) the owner or mortgagor of the transferring project
            shall notify and consult with the tenants residing in the
            transferring project and provide a certification of approval by
            all appropriate local governmental officials;
                (5) the tenants of the transferring project who remain
            eligible for assistance to be provided by the receiving project
            or projects shall not be required to vacate their units in the
            transferring project or projects until new units in the
            receiving project are available for occupancy;
                (6) the Secretary determines that this transfer is in the
            best interest of the tenants;
                (7) if either the transferring project or the receiving
            project or projects meets the condition specified in subsection
            (c)(2)(A), any lien on the receiving project resulting from
            additional financing obtained by the owner shall be subordinate
            to any FHA-insured mortgage lien transferred to, or placed on,
            such project by the Secretary;
                (8) if the transferring project meets the requirements of
            subsection (c)(2)(E), the owner or mortgagor of the receiving
            project or projects shall execute and record either a
            continuation of the existing use agreement or a new use
            agreement for the project where, in either case, any use
            restrictions in such agreement are of no lesser duration than
            the existing use restrictions;
                (9) any financial risk to the FHA General and Special Risk
            Insurance Fund, as determined by the Secretary, would be
            reduced as a result of a transfer completed under this section;
            and
                (10) the Secretary determines that Federal liability with
            regard to this project will not be increased.
        (c) For purposes of this section--
                (1) the terms ``low-income'' and ``very low-income'' shall
            have the meanings provided by the statute and/or regulations
            governing the program under which the project is insured or
            assisted;
                (2) the term ``multifamily housing project'' means housing
            that meets one of the following conditions--
                        (A) housing that is subject to a mortgage insured
                    under the National Housing Act;
                        (B) housing that has project-based assistance
                    attached to the structure including projects undergoing
                    mark to market debt restructuring under the Multifamily
                    Assisted Housing Reform and Affordability Housing Act;
                        (C) housing that is assisted under section 202 of
                    the Housing Act of 1959 as amended by section 801 of
                    the Cranston-Gonzales National Affordable Housing Act;
                        (D) housing that is assisted under section 202 of
                    the Housing Act of 1959, as such section existed before
                    the enactment of the Cranston-Gonzales National
                    Affordable Housing Act; or
                        (E) housing or vacant land that is subject to a use
                    agreement;
                (3) the term ``project-based assistance'' means--
                        (A) assistance provided under section 8(b) of the
                    United States Housing Act of 1937;
                        (B) assistance for housing constructed or
                    substantially rehabilitated pursuant to assistance
                    provided under section 8(b)(2) of such Act (as such
                    section existed immediately before October 1, 1983);
                        (C) rent supplement payments under section 101 of
                    the Housing and Urban Development Act of 1965;
                        (D) interest reduction payments under section 236
                    and/or additional assistance payments under section
                    236(f)(2) of the National Housing Act; and
                        (E) assistance payments made under section
                    202(c)(2) of the Housing Act of 1959;
                (4) the term ``receiving project or projects'' means the
            multifamily housing project or projects to which some or all of
            the project-based assistance, debt, and statutorily required
            use low-income and very low-income restrictions are to be
            transferred;
                (5) the term ``transferring project'' means the multifamily
            housing project which is transferring some or all of the
            project-based assistance, debt and the statutorily required
            low-income and very low-income use restrictions to the
            receiving project or projects; and
                (6) the term ``Secretary'' means the Secretary of Housing
            and Urban Development.
        Sec. 216. The funds made available for Native Alaskans under the
    heading ``Native American Housing Block Grants'' in title III of this
    Act shall be allocated to the same Native Alaskan housing block grant
    recipients that received funds in fiscal year 2005.
        Sec. 217. No funds provided under this title may be used for an
    audit of the Government National Mortgage Association that makes
    applicable requirements under the Federal Credit Reform Act of 1990 (2
    U.S.C. 661 et seq.)
        Sec. 218. (a) No assistance shall be provided under section 8 of
    the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
    individual who--
                (1) is enrolled as a student at an institution of higher
            education (as defined under section 102 of the Higher Education
            Act of 1965 (20 U.S.C. 1002));
                (2) is under 24 years of age;
                (3) is not a veteran;
                (4) is unmarried;
                (5) does not have a dependent child;
                (6) is not a person with disabilities, as such term is
            defined in section 3(b)(3)(E) of the United States Housing Act
            of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
            assistance under such section 8 as of November 30, 2005; and
                (7) is not otherwise individually eligible, or has parents
            who, individually or jointly, are not eligible, to receive
            assistance under section 8 of the United States Housing Act of
            1937 (42 U.S.C. 1437f).
        (b) For purposes of determining the eligibility of a person to
    receive assistance under section 8 of the United States Housing Act of
    1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
    received for tuition) that an individual receives under the Higher
    Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources,
    or an institution of higher education (as defined under the Higher
    Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to
    that individual, except for a person over the age of 23 with dependent
    children.
        (c) Not later than 30 days after the date of enactment of this Act,
    the Secretary of Housing and Urban Development shall issue final
    regulations to carry out the provisions of this section.
        Sec. 219. Notwithstanding the limitation in the first sentence of
    section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
    Secretary of Housing and Urban Development may, until September 30,
    2008, insure and enter into commitments to insure mortgages under
    section 255 of the National Housing Act (12 U.S.C. 1715z-20).
        Sec. 220. Notwithstanding any other provision of law, in fiscal
    year 2008, in managing and disposing of any multifamily property that
    is owned or has a mortgage held by the Secretary of Housing and Urban
    Development, the Secretary shall maintain any rental assistance
    payments under section 8 of the United States Housing Act of 1937 and
    other programs that are attached to any dwelling units in the property.
    To the extent the Secretary determines, in consultation with the
    tenants and the local government, that such a multifamily property
    owned or held by the Secretary is not feasible for continued rental
    assistance payments under such section 8 or other programs, based on
    consideration of (1) the costs of rehabilitating and operating the
    property and all available Federal, State, and local resources,
    including rent adjustments under section 524 of the Multifamily
    Assisted Housing Reform and Affordability Act of 1997 (``MAHRAA'') and
    (2) environmental conditions that cannot be remedied in a cost-
    effective fashion, the Secretary may, in consultation with the tenants
    of that property, contract for project-based rental assistance payments
    with an owner or owners of other existing housing properties, or
    provide other rental assistance. The Secretary shall also take
    appropriate steps to ensure that project-based contracts remain in
    effect prior to foreclosure, subject to the exercise of contractual
    abatement remedies to assist relocation of tenants for imminent major
    threats to health and safety. After disposition of any multifamily
    property described under this section, the contract and allowable rent
    levels on such properties shall be subject to the requirements under
    section 524 of MAHRAA.
        Sec. 221. The National Housing Act is amended--
                (1) in sections 207(c)(3), 213(b)(2)(B)(i),
            221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and
            234(e)(3)(B) (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i),
            1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II), 1715v(c)(2)(B), and
            1715y(e)(3)(B))--
                        (A) by striking ``140 percent'' each place such
                    term appears and inserting ``170 percent''; and
                        (B) by striking ``170 percent in high cost areas''
                    each place such term appears and inserting ``215
                    percent in high cost areas''; and
                (2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C.
            1715k(d)(3)(B)(iii)(III)) by striking ``206A'' and all that
            follows through ``project-by-project basis'' and inserting the
            following: ``206A of this Act) by not to exceed 170 percent in
            any geographical area where the Secretary finds that cost
            levels so require and by not to exceed 170 percent, or 215
            percent in high cost areas, where the Secretary determines it
            necessary on a project-by-project basis''.
        Sec. 222. (a) During fiscal year 2008, in the provision of rental
    assistance under section 8(o) of the United States Housing Act of 1937
    (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
    economy and effectiveness of providing such assistance for use in
    assisted living facilities that is carried out in the counties of the
    State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
    such section 8(o), a family residing in an assisted living facility in
    any such county, on behalf of which a public housing agency provides
    assistance pursuant to section 8(o)(18) of such Act, may be required,
    at the time the family initially receives such assistance, to pay rent
    in an amount exceeding 40 percent of the monthly adjusted income of the
    family by such a percentage or amount as the Secretary of Housing and
    Urban Development determines to be appropriate.
        Sec. 223. Notwithstanding any other provision of law, the recipient
    of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
    1701q-2) after December 26, 2000, in accordance with the unnumbered
    paragraph at the end of section 202(b) of such Act, may, at its option,
    establish a single-asset nonprofit entity to own the project and may
    lend the grant funds to such entity, which may be a private nonprofit
    organization described in section 831 of the American Homeownership and
    Economic Opportunity Act of 2000.
        Sec. 224. Section 24 of the United States Housing Act of 1937 (42
    U.S.C. 1437v) is amended--
                (1) in subsection (m)(1), by striking ``2003'' and
            inserting ``2008''; and
                (2) in subsection (o), by striking ``September 30, 2007''
            and inserting ``September 30, 2008''.
        Sec. 225. Public housing agencies that own and operate 400 or fewer
    public housing units may elect to be exempt from any asset management
    requirement imposed by the Secretary of Housing and Urban Development
    in connection with the operating fund rule: Provided, That an agency
    seeking a discontinuance of a reduction of subsidy under the operating
    fund formula shall not be exempt from asset management requirements.
        Sec. 226. With respect to the use of amounts provided in this Act
    and in future Acts for the operation, capital improvement and
    management of public housing as authorized by sections 9(d) and 9(e) of
    the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
    Secretary shall not impose any requirement or guideline relating to
    asset management that restricts or limits in any way the use of capital
    funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
    of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1),(2)):
    Provided, however, that a public housing agency may not use capital
    funds authorized under section 9(d) for activities that are eligible
    under section 9(e) for assistance with amounts from the operating fund
    in excess of the amounts permitted under sections 9(g)(1) or 9(g)(2).
        Sec. 227. The Secretary of Housing and Urban Development shall
    report quarterly to the House of Representatives and Senate Committees
    on Appropriations on the status of all section 8 project-based housing,
    including the number of all project-based units by region as well as an
    analysis of all federally subsidized housing being refinanced under the
    Mark-to-Market program. The Secretary shall in the report identify all
    existing units maintained by region as section 8 project-based units
    and all project-based units that have opted out of section 8 or have
    otherwise been eliminated as section 8 project-based units. The
    Secretary shall identify in detail and by project all the efforts made
    by the Department to preserve all section 8 project-based housing units
    and all the reasons for any units which opted out or otherwise were
    lost as section 8 project-based units. Such analysis shall include a
    review of the impact of the loss of any subsidized units in that
    housing marketplace, such as the impact of cost and the loss of
    available subsidized, low-income housing in areas with scarce housing
    resources for low-income families.
        Sec. 228. The Secretary of Housing and Urban Development shall
    report quarterly to the House of Representatives and Senate Committees
    on Appropriations on HUD's use of all sole source contracts, including
    terms of the contracts, cost and a substantive rationale for using a
    sole source contract.
        Sec. 229. Section 9(e)(2)(C) of the United States Housing Act of
    1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding at the end of the
    following:
                                ``(iv) Existing contracts.--The term of a
                            contract described in clause (i) that, as of
                            the date of enactment of this clause, is in
                            repayment and has a term of not more than 12
                            years, may be extended to a term of not more
                            than 20 years to permit additional energy
                            conservation improvements without requiring the
                            reprocurement of energy performance
                            contractors.''.
        Sec. 230. The Secretary of Housing and Urban Development shall
    increase, pursuant to this section, the number of Moving-to-Work
    agencies authorized under section 204, title II, of the Departments of
    Veterans Affairs and Housing and Urban Development and Independent
    Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
    281) by making individually the Alaska Housing Finance Corporation and
    the housing authorities of the counties of San Bernardino and Santa
    Clara and the city of San Jose, California a Moving-to-Work Agency
    under such section 204.
        Sec. 231. Notwithstanding any other provision of law, the Secretary
    of Housing and Urban Development may not rescind or take any adverse
    action with respect to the Moving-to-Work program designation for the
    Housing Authority of Baltimore City based on any alleged administrative
    or procedural errors in making such designation.
        Sec. 232. Paragraph (4) of section 102(a) of the Housing and
    Community Development Act of 1974 (42 U.S.C. 5302) is amended by adding
    at the end the following new sentence: ``Notwithstanding any other
    provision of this paragraph, with respect to any fiscal year beginning
    after September 30, 2007, the cities of Alton and Granite City,
    Illinois, shall be considered metropolitan cities for purposes of this
    title.''.
        Sec. 233. (a) The amounts provided under the subheading ``Program
    Account'' under the heading ``Community Development Loan Guarantees''
    may be used to guarantee, or make commitments to guarantee, notes or
    other obligations issued by any State on behalf of non-entitlement
    communities in the State in accordance with the requirements of section
    108 of the Housing and Community Development Act of 1974: Provided,
    That, any State receiving such a guarantee or commitment shall
    distribute all funds subject to such guarantee to the units of general
    local government in non-entitlement areas that received the commitment.
        (b) Not later than 60 days after the date of enactment of this Act,
    the Secretary of Housing and Urban Development shall promulgate
    regulations governing the administration of the funds described under
    subsection (a).
        Sec. 234. Not later than 30 days after the date of enactment of
    this Act, the Secretary of Housing and Urban Development shall
    establish and maintain on the homepage of the Internet website of the
    Department of Housing and Urban Development--
                (1) a direct link to the Internet website of the Office of
            Inspector General of the Department of Housing and Urban
            Development; and
                (2) a mechanism by which individuals may anonymously report
            cases of waste, fraud, or abuse with respect to the Department
            of Housing and Urban Development.
        Sec. 235. (a) Required Submissions for Fiscal Years 2007 and
    2008.--
                (1) In general.--Not later than 60 days after the date of
            enactment of this Act, the Secretary of Housing and Urban
            Development shall submit to the relevant authorizing committees
            and to the Committees on Appropriations of the Senate and the
            House of Representatives for fiscal year 2007 and 2008--
                        (A) a complete and accurate accounting of the
                    actual project-based renewal costs for project-based
                    assistance under section 8 of the United States Housing
                    Act of 1937 (42 U.S.C. 1437f);
                        (B) revised estimates of the funding needed to
                    fully fund all 12 months of all project-based contracts
                    under such section 8, including project-based contracts
                    that expire in fiscal year 2007 and fiscal year 2008;
                    and
                        (C) all sources of funding that will be used to
                    fully fund all 12 months of the project-based contracts
                    for fiscal years 2007 and 2008.
                (2) Updated information.--At any time after the expiration
            of the 60-day period described in paragraph (1), the Secretary
            may submit corrections or updates to the information required
            under paragraph (1), if upon completion of an audit of the
            project-based assistance program under section 8 of the United
            States Housing Act of 1937 (42 U.S.C. 1437f), such audit
            reveals additional information that may provide Congress a more
            complete understanding of the Secretary's implementation of the
            project-based assistance program under such section 8.
        (b) Required Submissions for Fiscal Year 2009.--As part of the
    Department of Housing and Urban Development's budget request for fiscal
    year 2009, the Secretary of Housing and Urban Development shall submit
    to the relevant authorizing committees and to the Committees on
    Appropriations of the Senate and the House of Representatives complete
    and detailed information, including a project-by-project analysis, that
    verifies that such budget request will fully fund all project-based
    contracts under section 8 of the United States Housing Act of 1937 (42
    U.S.C. 1437f) in fiscal year 2009, including expiring project-based
    contracts.
        Sec. 236. No official or employee of the Department of Housing and
    Urban Development shall be designated as an allotment holder unless the
    Office of the Chief Financial Officer has determined that such
    allotment holder has implemented an adequate system of funds control
    and has received training in funds control procedures and directives.
    The Chief Financial Officer shall ensure that, not later than ninety
    days after the date of enactment of this Act, a trained allotment
    holder shall be designated for each HUD sub-account under the headings
    ``Executive Direction'' and ``Administration, Operations, and
    Management'' as well as each account receiving appropriations for
    ``personnel compensation and benefits'' within the Department of
    Housing and Urban Development.
        Sec. 237. Payment of attorney fees in program-related litigation
    must be paid from individual program office personnel benefits and
    compensation funding. The annual budget submission for program office
    personnel benefit and compensation funding must include program-related
    litigation costs for attorney fees as a separate line item request.
        Sec. 238. Of the unobligated balances remaining from funds
    appropriated to the Department of Housing and Urban Development under
    the heading ``Tenant-Based Rental Assistance'' under section 21033 of
    Public Law 110-5, $723,257,000 are rescinded from the $4,193,000,000
    which became available pursuant to such section on October 1, 2007.
        This title may be cited as the ``Department of Housing and Urban
    Development Appropriations Act, 2008''.

                                   TITLE III

                                RELATED AGENCIES

           Architectural and Transportation Barriers Compliance Board

                             salaries and expenses

        For expenses necessary for the Architectural and Transportation
    Barriers Compliance Board, as authorized by section 502 of the
    Rehabilitation Act of 1973, as amended, $6,150,000: Provided, That,
    notwithstanding any other provision of law, there may be credited to
    this appropriation funds received for publications and training
    expenses.

                          Federal Maritime Commission

                             salaries and expenses

        For necessary expenses of the Federal Maritime Commission as
    authorized by section 201(d) of the Merchant Marine Act, 1936 (46
    U.S.C. App. 1111), including services as authorized by 5 U.S.C. 3109;
    hire of passenger motor vehicles as authorized by 31 U.S.C. 1343(b);
    and uniforms or allowances therefore, as authorized by 5 U.S.C. 5901-
    5902, $22,072,000: Provided, That not to exceed $2,000 shall be
    available for official reception and representation expenses.

                      National Transportation Safety Board

                             salaries and expenses

        For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for a GS-15; uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
    $84,499,000, of which $74,063 is available for payments to remedy the
    violation of the Anti-deficiency Act reported by the National
    Transportation Safety Board on September 26, 2007, and not to exceed
    $2,000 may be used for official reception and representation expenses.
    The amounts made available to the National Transportation Safety Board
    in this Act include amounts necessary to make lease payments due in
    fiscal year 2008 only, on an obligation incurred in fiscal year 2001
    for a capital lease.

                     Neighborhood Reinvestment Corporation

              payment to the neighborhood reinvestment corporation

        For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by the Neighborhood
    Reinvestment Corporation Act (42 U.S.C. 8101-8107), $119,800,000, of
    which $5,000,000 shall be for a multi-family rental housing program.
        For an additional amount, $180,000,000 shall be made available
    until expended to the Neighborhood Reinvestment Corporation for
    mortgage foreclosure mitigation activities, under the following terms
    and conditions:
                (1) The Neighborhood Reinvestment Corporation (``NRC''),
            shall make grants to counseling intermediaries approved by the
            Department of Housing and Urban Development (HUD) or the NRC
            (with match to be determined by the NRC based on affordability
            and the economic conditions of an area; a match also may be
            waived by the NRC based on the aforementioned conditions) to
            provide mortgage foreclosure mitigation assistance primarily to
            states and areas with high rates of defaults and foreclosures
            primarily in the sub prime housing market to help eliminate the
            default and foreclosure of mortgages of owner-occupied single-
            family homes that are at risk of such foreclosure. Other than
            areas with high rates of defaults and foreclosures, grants may
            also be provided to approved counseling intermediaries based on
            a geographic analysis of the Nation by the NRC which determines
            where there is a prevalence of sub prime mortgages that are
            risky and likely to fail, including any trends for mortgages
            that are likely to default and face foreclosure. A State
            Housing Finance Agency may also be eligible where the State
            Housing Finance Agency meets all the requirements under this
            paragraph. A HUD- or NRC-approved counseling intermediary shall
            meet certain mortgage foreclosure mitigation assistance
            counseling requirements, as determined by the NRC, and shall be
            approved by HUD or the NRC as meeting these requirements;
                (2) Mortgage foreclosure mitigation assistance shall only
            be made available to homeowners of owner-occupied homes with
            mortgages in default or in danger of default. These mortgages
            shall likely be subject to a foreclosure action and homeowners
            will be provided such assistance that shall consist of
            activities that are likely to prevent foreclosures and result
            in the long-term affordability of the mortgage retained
            pursuant to such activity or another positive outcome for the
            homeowner. No funds made available under this paragraph may be
            provided directly to lenders or homeowners to discharge
            outstanding mortgage balances or for any other direct debt
            reduction payments;
                (3) The use of Mortgage Foreclosure Mitigation Assistance
            by approved counseling intermediaries and State Housing Finance
            Agencies shall involve a reasonable analysis of the borrower's
            financial situation, an evaluation of the current value of the
            property that is subject to the mortgage, counseling regarding
            the assumption of the mortgage by another non-federal party,
            counseling regarding the possible purchase of the mortgage by a
            non-federal third party, counseling and advice of all likely
            restructuring and refinancing strategies or the approval of a
            work-out strategy by all interested parties;
                (4) NRC shall award $50,000,000 in mortgage foreclosure
            mitigation grants for States and areas with the greatest needs
            within 60 days of enactment. Additional funds may be awarded
            once the NRC certifies that HUD- or NRC-approved counseling
            intermediaries and State Housing Finance Agencies have the need
            for additional funds in states and areas with high rates of
            mortgage foreclosures, defaults, or related activities and the
            expertise to use these funds effectively. The NRC may provide
            up to fifteen percent of the total funds under this paragraph
            to its own charter members with expertise in foreclosure
            prevention counseling, subject to a certification by the NRC
            that the procedures for selection do not consist of any
            procedures or activities that could be construed as an
            unacceptable conflict of interest or have the appearance of
            impropriety;
                (5) NRC- or HUD-approved counseling entities and State
            Housing Finance Agencies receiving funds under this paragraph
            shall have demonstrated experience in successfully working with
            financial institutions as well as borrowers facing default,
            delinquency and foreclosure as well as documented counseling
            capacity, outreach capacity, past successful performance and
            positive outcomes with documented counseling plans (including
            post mortgage foreclosure mitigation counseling), loan workout
            agreements and loan modification agreements;
                (6) Of the total amount made available under this
            paragraph, up to $5,000,000 may be made available to build the
            mortgage foreclosure and default mitigation counseling capacity
            of counseling intermediaries through NRC training courses with
            HUD- or NRC-approved counseling intermediaries and their
            partners, except that private financial institutions that
            participate in NRC training shall pay market rates for such
            training;
                (7) Of the total amount made available under this
            paragraph, up to 4 percent may be used for associated
            administrative expenses for the NRC to carry-out activities
            provided under this section;
                (8) Mortgage foreclosure mitigation assistance may include
            a budget for outreach and advertising, as determined by the
            NRC; and
                (9) The NRC shall report bi-annually to the House and
            Senate Committees on Appropriations as well as the Senate
            Banking Committee and House Financial Services Committee on its
            efforts to mitigate mortgage default. Such reports shall
            identify successful strategies and methods for preserving
            homeownership and the long-term affordability of at-risk
            mortgages and shall include recommended efforts that will or
            likely can assist in the success of this program as well as an
            analysis of any policy and procedures that failed to result in
            successful mortgage foreclosure mitigation. The report shall
            include an analysis of the details and use of any post
            mitigation counseling of assisted borrowers designed to ensure
            the continued long-term affordability of the mortgages which
            were the subject of the mortgage foreclosure mitigation
            assistance.

               United States Interagency Council on Homelessness

                               operating expenses

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms, and the employment of experts and consultants under section 3109
    of title 5, United States Code) of the United States Interagency
    Council on Homelessness in carrying out the functions pursuant to title
    II of the McKinney-Vento Homeless Assistance Act, as amended,
    $2,150,000.
        Title II of the McKinney-Vento Homeless Assistance Act, as amended,
    is amended in section 209 by striking ``2007'' and inserting ``2008''.

                                    TITLE IV

                          GENERAL PROVISIONS THIS ACT

                         (including transfers of funds)

        Sec. 401. Such sums as may be necessary for fiscal year 2008 pay
    raises for programs funded in this Act shall be absorbed within the
    levels appropriated in this Act or previous appropriations Acts.
        Sec. 402. None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 403. None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 404. The expenditure of any appropriation under this Act for
    any consulting service through procurement contract pursuant to section
    3109 of title 5, United States Code, 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. 405. Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain available for
    obligation or expenditure in fiscal year 2008, or provided from any
    accounts in the Treasury derived by the collection of fees and
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds that: (1)
    creates a new program; (2) eliminates a program, project, or activity;
    (3) increases funds or personnel for any program, project, or activity
    for which funds have been denied or restricted by the Congress; (4)
    proposes to use funds directed for a specific activity by either the
    House or Senate Committees on Appropriations for a different purpose;
    (5) augments existing programs, projects, or activities in excess of
    $5,000,000 or 10 percent, whichever is less; (6) reduces existing
    programs, projects, or activities by $5,000,000 or 10 percent,
    whichever is less; or (7) creates, reorganizes, or restructures a
    branch, division, office, bureau, board, commission, agency,
    administration, or department different from the budget justifications
    submitted to the Committees on Appropriations or the table accompanying
    the explanatory statement accompanying this Act, whichever is more
    detailed, unless prior approval is received from the House and Senate
    Committees on Appropriations: Provided, That not later than 60 days
    after the date of enactment of this Act, each agency funded by this Act
    shall submit a report to the Committees on Appropriations of the Senate
    and of the House of Representatives to establish the baseline for
    application of reprogramming and transfer authorities for the current
    fiscal year: Provided further, That the report shall include: (1) a
    table for each appropriation with a separate column to display the
    President's budget request, adjustments made by Congress, adjustments
    due to enacted rescissions, if appropriate, and the fiscal year enacted
    level; (2) a delineation in the table for each appropriation both by
    object class and program, project, and activity as detailed in the
    budget appendix for the respective appropriation; and (3) an
    identification of items of special congressional interest: Provided
    further, That the amount appropriated or limited for salaries and
    expenses for an agency shall be reduced by $100,000 per day for each
    day after the required date that the report has not been submitted to
    the Congress.
        Sec. 406. Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the
    end of fiscal year 2008 from appropriations made available for salaries
    and expenses for fiscal year 2008 in this Act, shall remain available
    through September 30, 2009, for each such account for the purposes
    authorized: Provided, That a request shall be submitted to the
    Committees on Appropriations for approval prior to the expenditure of
    such funds: Provided further, That these requests shall be made in
    compliance with reprogramming guidelines.
        Sec. 407. All Federal agencies and departments that are funded
    under this Act shall issue a report to the House and Senate Committees
    on Appropriations on all sole source contracts by no later than July
    31, 2008. Such report shall include the contractor, the amount of the
    contract and the rationale for using a sole source contract.
        Sec. 408. (a) None of the funds made available in this Act may be
    obligated or expended for any employee training that--
                (1) does not meet identified needs for knowledge, skills,
            and abilities bearing directly upon the performance of official
            duties;
                (2) contains elements likely to induce high levels of
            emotional response or psychological stress in some
            participants;
                (3) does not require prior employee notification of the
            content and methods to be used in the training and written end
            of course evaluation;
                (4) contains any methods or content associated with
            religious or quasi-religious belief systems or ``new age''
            belief systems as defined in Equal Employment Opportunity
            Commission Notice N-915.022, dated September 2, 1988; or
                (5) is offensive to, or designed to change, participants'
            personal values or lifestyle outside the workplace.
        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 409. None of the funds made available in this Act may be used
    to provide homeownership assistance for applicants described in
    274A(h)(3) of the Immigration and Nationality Act (8 U.S.C.
    1324a(h)(3)).
        Sec. 410. None of the funds in this Act may be used to employ
    workers described in section 274A(h)(3) of the Immigration and
    Nationality Act (8 U.S.C. 1324a(h)(3)).
        Sec. 411. No funds in this Act may be used to support any Federal,
    State, or local projects that seek to use the power of eminent domain,
    unless eminent domain is employed only for a public use: Provided, That
    for purposes of this section, public use shall not be construed to
    include economic development that primarily benefits private entities:
    Provided further, That any use of funds for mass transit, railroad,
    airport, seaport or highway projects as well as utility projects which
    benefit or serve the general public (including energy-related,
    communication-related, water-related and wastewater-related
    infrastructure), other structures designated for use by the general
    public or which have other common-carrier or public-utility functions
    that serve the general public and are subject to regulation and
    oversight by the government, and projects for the removal of an
    immediate threat to public health and safety or brownsfield as defined
    in the Small Business Liability Relief and Brownsfield Revitalization
    Act (Public Law 107-118) shall be considered a public use for purposes
    of eminent domain.
        Sec. 412. 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. 413. No part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his period of active military or naval service, and has
    within 90 days after his release from such service or from
    hospitalization continuing after discharge for a period of not more
    than 1 year, made application for restoration to his former position
    and has been certified by the Office of Personnel Management as still
    qualified to perform the duties of his former position and has not been
    restored thereto.
        Sec. 414. No funds appropriated pursuant to this Act may be
    expended by an entity unless the entity agrees that in expending the
    assistance the entity will comply with sections 2 through 4 of the Act
    of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
    American Act'').
        Sec. 415. No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        This division may be cited as the ``Transportation, Housing and
    Urban Development, and Related Agencies Appropriations Act, 2008''.
     (2)Page 227 of the Senate engrossed amendment, strike lines 3 through 5, and
    insert the following:

        DIVISION L--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR OPERATION
                    ENDURING FREEDOM AND FOR OTHER PURPOSES

                                    TITLE I

        Sec. 101.  It is the sense of the Congress that the performance of
    United States military personnel should be commended, their courage and
    sacrifice have been exceptional, and when they come home, their service
    should be recognized appropriately.
        Sec. 102.  None of the funds made available in this Act may be used
    in contravention of the following laws enacted or regulations
    promulgated to implement the United Nations Convention Against Torture
    and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
    New York on December 10, 1984)--
                (1) section 2340A of title 18, United States Code;
                (2) section 2242 of the Foreign Affairs Reform and
            Restructuring Act of 1998 (division G of Public Law 105-277;
            112 Stat. 2681-822; 8 U.S.C. 1231 note) and regulations
            prescribed thereto, including regulations under part 208 of
            title 8, Code of Federal Regulations, and part 95 of title 22,
            Code of Federal Regulations; and
                (3) sections 1002 and 1003 of the Department of Defense,
            Emergency Supplemental Appropriations to Address Hurricanes in
            the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public
            Law 109-148).
        Sec. 103.  Not later than February 15, 2008, the President shall
    submit to the Congress in classified and unclassified form a
    comprehensive regional stability plan for the Middle East, which shall
    include a military, diplomatic, political and economic strategy that
    provides for the national security interests of the United States in
    the region and for the engagement of targeted counterterrorism
    operations. The plan shall include a detailed description of the
    projected United States military force presence in and around the
    Middle East region for the 5-year period beginning on October 1, 2008.
        Sec. 104.  None of the funds provided in this Act shall be
    available to fund Operation Iraqi Freedom. The prohibition in this
    section shall not apply to the purchase or fielding of body armor and
    other force protection items to protect United States military and
    civilian personnel in the areas of operation.

                                    TITLE II

                        DEPARTMENT OF DEFENSE--MILITARY

                               MILITARY PERSONNEL

                            Military Personnel, Army

        For an additional amount for ``Military Personnel, Army'',
    $311,471,000.

                        Military Personnel, Marine Corps

        For an additional amount for ``Military Personnel, Marine Corps'',
    $19,058,000.

                           OPERATION AND MAINTENANCE

                        Operation and Maintenance, Army

        For an additional amount for ``Operation and Maintenance, Army'',
    $17,797,966,000: Provided, That funds made available under this heading
    shall be used only in support of Operation Enduring Freedom.

                        Operation and Maintenance, Navy

        For an additional amount for ``Operation and Maintenance, Navy'',
    $350,000,000.

                    Operation and Maintenance, Marine Corps

        For an additional amount for ``Operation and Maintenance, Marine
    Corps'', $2,010,671,000: Provided, That funds made available under this
    heading shall be used only in support of Operation Enduring Freedom.

                      Operation and Maintenance, Air Force

        For an additional amount for ``Operation and Maintenance, Air
    Force'', $800,000,000.

                    Operation and Maintenance, Defense-Wide

        For an additional amount for ``Operation and Maintenance, Defense-
    Wide'', $483,000,000, of which not to exceed $333,000,000, to remain
    available until expended, may be used for payments to reimburse key
    cooperating nations, for logistical, military, and other support
    provided to United States military operations, notwithstanding any
    other provision of law: Provided, That such payments may be made in
    such amounts as the Secretary of Defense, with the concurrence of the
    Secretary of State and in consultation with the Director of the Office
    of Management and Budget, may determine, in his discretion, based on
    documentation determined by the Secretary of Defense to adequately
    account for the support provided, and such determination is final and
    conclusive upon the accounting officers of the United States, and 15
    days following notification to the appropriate congressional
    committees: Provided further, That the Secretary of Defense shall
    provide quarterly reports to the congressional defense committees on
    the use of funds provided in this paragraph.

                            Afghanistan Freedom Fund

                         (including transfer of funds)

        For ``Afghanistan Freedom Fund'', $2,529,963,000, to remain
    available for transfer only to support operations in Afghanistan and
    related activities in support of the Global War on Terror: Provided,
    That none of the funds provided herein shall be used for activities in
    Iraq: Provided further, That the Secretary of Defense and the Director
    of National Intelligence shall, no fewer than 30 days prior to making
    transfers under this authority, notify the Committees on Appropriations
    of the House of Representatives and the Senate in writing of the
    details of any such transfer made for intelligence activities: Provided
    further, That funds transferred shall be merged with and be available
    for the same purposes and for the same time period as the appropriation
    or fund to which transferred: Provided further, That this transfer
    authority is in addition to any other transfer authority available to
    the Department of Defense.

                 Joint Improvised Explosive Device Defeat Fund

                         (including transfer of funds)

        For an additional amount for ``Joint Improvised Explosive Device
    Defeat Fund'', $4,269,000,000: Provided, That such funds shall be
    available to the Secretary of Defense, notwithstanding any other
    provision of law, for the purpose of allowing the Director of the Joint
    Improvised Explosive Device Defeat Organization to investigate, develop
    and provide equipment, supplies, services, training, facilities,
    personnel and funds to assist United States forces in the defeat of
    improvised explosive devices: Provided further, That within 60 days of
    enactment of this Act, a plan for the intended management and use of
    the Fund is provided to the congressional defense committees: Provided
    further, That the Secretary of Defense shall submit a report not later
    than 60 days after the end of each fiscal quarter to the congressional
    defense committees providing assessments of the evolving threats,
    individual service requirements to counter the threats, the current
    strategy for pre-deployment training of members of the Armed Forces on
    explosive devices, and details on the execution of this Fund: Provided
    further, That the Secretary of Defense may transfer funds provided
    herein to appropriations for operation and maintenance; procurement;
    research, development, test and evaluation; and defense working capital
    funds to accomplish the purpose provided herein: Provided further, That
    this transfer authority is in addition to any other transfer authority
    available to the Department of Defense: Provided further, That upon
    determination that all or part of the funds so transferred from this
    appropriation are not necessary for the purpose provided herein, such
    amounts may be transferred back to this appropriation: Provided
    further, That the Secretary of Defense shall, not fewer than 5 days
    prior to making transfers from this appropriation, notify the
    congressional defense committees in writing of the details of any such
    transfer.

                                  PROCUREMENT

            Procurement of Weapons and Tracked Combat Vehicles, Army

        For an additional amount for ``Procurement of Weapons and Tracked
    Combat Vehicles, Army'', $1,176,000,000.

                            Other Procurement, Army

        For an additional amount for ``Other Procurement, Army'',
    $524,800,000.

                           Procurement, Marine Corps

        For an additional amount for ``Procurement, Marine Corps'',
    $644,150,000.

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

        For an additional amount for ``Defense Health Program'',
    $114,600,000, for operation and maintenance, for care for wounded and
    injured military personnel and for enhanced soldier and family support
    including psychological health.

                               GENERAL PROVISIONS

        Sec. 201.  Appropriations provided in this Act are available for
    obligation until September 30, 2008, unless otherwise provided in this
    Act.

                              (transfer of funds)

        Sec. 202. (a) Upon a determination by the Secretary of Defense that
    such action is necessary in the national interest, the Secretary may
    transfer between appropriations up to $4,000,000,000 of the funds made
    available to the Department of Defense in this Act.
        (b) The Secretary shall notify the Congress promptly of each
    transfer made pursuant to the authority in this section.
        (c) The authority provided in this section is in addition to any
    other transfer authority available to the Department of Defense and is
    subject to the same terms and conditions as the authority provided in
    section 8005 of the Department of Defense Appropriations Act, 2008,
    except for the fourth proviso.
        Sec. 203.  Funds appropriated in this Act, or made available by the
    transfer of funds in or pursuant to this Act, for intelligence
    activities are deemed to be specifically authorized by the Congress for
    purposes of section 504(a)(1) of the National Security Act of 1947 (50
    U.S.C. 414(a)(1)).
        Sec. 204.  None of the funds provided in this Act may be used to
    finance programs or activities denied by the Congress in fiscal years
    2007 or 2008 appropriations to the Department of Defense or to initiate
    a procurement or research, development, test and evaluation new start
    program unless such program or project must be undertaken immediately
    in the interest of national security and only after written prior
    notification to the congressional defense committees.
        Sec. 205. (a) From funds made available for operation and
    maintenance in this Act to the Department of Defense, not to exceed
    $500,000,000 may be used, notwithstanding any other provision of law,
    to fund the Commander's Emergency Response Program, for the purpose of
    enabling military commanders in Afghanistan to respond to urgent
    humanitarian relief and reconstruction requirements within their areas
    of responsibility by carrying out programs that will immediately assist
    the Afghan people.
        (b) Not later than 15 days after the end of each fiscal year
    quarter, the Secretary of Defense shall submit to the congressional
    defense committees a report regarding the source of funds and the
    allocation and use of funds during that quarter that were made
    available pursuant to the authority provided in this section or under
    any other provision of law for the purposes of the programs under
    subsection (a).
        Sec. 206. (a) During fiscal year 2008, funds available in this Act
    to the Department of Defense for operation and maintenance may be used,
    notwithstanding any other provision of law, to provide supplies,
    services, transportation, including airlift and sealift, and other
    logistical support to Coalition forces supporting military and
    stability operations in Afghanistan.
        (b) The Secretary of Defense shall provide quarterly reports to the
    congressional defense committees regarding support provided under this
    section.
        Sec. 207.  Of the funds appropriated within Public Law 110-116, not
    less than $6,900,000,000 of the funds appropriated under the heading
    ``Operation and Maintenance, Army'' and not less than $500,000,000
    under the heading ``Operation and Maintenance, Marine Corps'' shall be
    available only to support child care center operations, family and
    youth activities, custodial services, training range operations, family
    advocacy programs, base force protection activities and military
    recruiting programs, to include pay for civilian employees of the
    Department of Defense.
        Sec. 208.  Each amount appropriated or otherwise provided in this
    Act 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), the concurrent resolution on the
    budget for fiscal year 2008.
         This Act may be cited as the ``Operation Enduring Freedom
    Emergency Appropriations Act, 2008''.
                Attest:

                                                                     Clerk.
    110th CONGRESS

      1st Session

                                   H.R. 2764

    _______________________________________________________________________

                      HOUSE AMENDMENTS TO SENATE AMENDMENT