[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

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                  HOUSE AMENDMENTS TO SENATE AMENDMENT