[Congressional Record (Bound Edition), Volume 153 (2007), Part 26]
[House]
[Pages 35599-35622]
[From the U.S. Government Publishing Office, www.gpo.gov]




   THE DEPARTMENT OF STATE, FOREIGN OPERATIONS AND RELATED PROGRAMS 
    APPROPRIATIONS ACT, 2008 (CONSOLIDATED APPROPRIATIONS ACT, 2008)

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 878, I call up 
the bill (H.R. 2764) 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 Senate amendment 
thereto, and ask for its immediate consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. The Clerk will designate the Senate 
amendment.
  The text of the Senate amendment is as follows:

       Senate amendment:
       Strike out all after the enacting clause and insert:
     That the following sums are appropriated, out of any money in 
     the Treasury not otherwise appropriated, for the fiscal year 
     ending September 30, 2008, and for other purposes, namely:

                                TITLE I

                 DEPARTMENT OF STATE AND RELATED AGENCY

                          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, $3,820,375,000: Provided, 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 funds appropriated 
     under this heading, $8,131,000 shall be available for the 
     Office of the Director of United States Foreign Assistance 
     and $1,000,000 shall not be obligated until consultations 
     with the Congress, arising from the report submitted pursuant 
     to section 653(a) of the Foreign Assistance Act of 1961, have 
     been completed: Provided further, That of the amount made 
     available under this heading, not less than $364,905,000 
     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 funds made 
     available under this heading, $40,000,000 shall be made 
     available for passport operations, facilities, and systems: 
     Provided further, That the funds appropriated by the previous 
     proviso shall be in addition to amounts otherwise made 
     available for such purposes: 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 made available under this heading in this Act and in 
     prior Acts making appropriations for the Department of State, 
     foreign operations, export financing and related programs, up 
     to $200,000,000 may be transferred to, and merged with, funds 
     appropriated under the heading ``Millennium Challenge 
     Corporation'', subject to section 615 of this Act: Provided 
     further, That of the funds appropriated under this heading, 
     $6,000,000 shall be made available for the Ambassador's Fund 
     for Cultural Preservation of which $1,500,000 shall be for 
     grants of not less than $500,000 for significant historic 
     preservation projects: Provided further, That there shall be 
     one additional senior permanent position at United States 
     Embassy Moscow whose sole responsibilities shall be to 
     monitor human rights and the implementation of Russian laws 
     relating to nongovernmental organizations, communicate United 
     States support for human rights defenders and journalists who 
     are harassed and arrested, and support the work of civil 
     society groups: Provided further, That funds available under 
     this heading may be made 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 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 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

[[Page 35600]]

     $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, $909,598,000, to remain available until expended.


                        Capital Investment Fund

       For necessary expenses of the Capital Investment Fund, 
     $63,743,000, 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, 
     $35,508,000, 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, $509,482,000, 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: Provided further, That of the funds available 
     under this heading up to $2,000,000 may be made available to 
     the Senator Paul Simon Study Abroad Foundation, subject to 
     authorization: Provided further, That if a majority of the 
     Board of Directors of such Foundation is not confirmed by the 
     Senate by August 1, 2008, the Secretary shall provide 
     $1,000,000 of such funds to the Benjamin A. Gilman 
     International Scholarship Program and $1,000,000 shall be 
     provided to the Fulbright Program to augment existing study 
     abroad programs.


                       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, $14,000,000, 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, $792,534,000, 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, $649,278,000, 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, only for emergency evacuations 
     and terrorism rewards, to remain available until expended, 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, $1,374,400,000, to remain 
     available until September 30, 2009: 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, $1,352,000,000, of which 15 percent shall remain 
     available until September 30, 2009: Provided, That at least 
     15 days in advance of voting in the United Nations Security 
     Council (or in an emergency as far in advance as is 
     practicable) for any new or expanded United Nations 
     peacekeeping mission, the Secretary of State shall, with 
     regard to any new or expanded mission, notify the Committees 
     on Appropriations and other appropriate Committees of the 
     Congress of its estimated cost and duration, the United 
     States national interest that will be served, the planned 
     exit strategy, the specific measures the United Nations is 
     taking to prevent United Nations employees, contractor 
     personnel, and peacekeeping forces serving in any such 
     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; 
     and a notification 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 after a determination by the Secretary of State 
     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.

                       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, of which, $100,000 may be made 
     available to repair, relocate, or replace fencing along the 
     international border between the United States and Mexico: 
     Provided, That of the funds appropriated under this heading, 
     up to $400,000 should be made available for the repair or 
     replacement of the Nogales Wash Flood Control Project and 
     International Outfall Interceptor, of which up to $66,000,000 
     shall be made available only for construction in the United 
     States of secondary wastewater treatment capability.


              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, $11,250,000, 
     of which not to exceed $9,000 shall be available for 
     representation expenses incurred by the International Joint 
     Commission.


                  International Fisheries Commissions

       For necessary expenses for international fisheries 
     commissions, not otherwise provided for, as authorized by 
     law, $27,054,000: 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 report 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), $16,000,000, to remain 
     available until expended, as authorized.

[[Page 35601]]




         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, $20,000,000: 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 and operation of necessary equipment, 
     including aircraft, for radio and television transmission and 
     reception to Cuba, and to make and supervise grants for radio 
     and television broadcasting to the Middle East, $662,727,000: 
     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.


                   Broadcasting Capital Improvements

       For the purchase, rent, construction, and improvement of 
     facilities for radio 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), $3,000,000, 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, 
     $2,037,000, 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, $2,962,000, including not 
     more than $3,000 for the purpose of official representation, 
     to remain available until September 30, 2008: Provided, That 
     funds appropriated under this heading shall only be available 
     for obligation in accordance with a spending plan submitted 
     to the Committees on Appropriations which effectively 
     addresses the recommendations of the Government 
     Accountability Office's audit of the Commission: 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.

          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 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) 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 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.


                UNITED STATES CITIZENS BORN IN JERUSALEM

       Sec. 106. 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.


                      state department authorities

       Sec. 107. Funds appropriated under 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)).


           Restriction on Contributions to the United Nations

       Sec. 108. 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.

[[Page 35602]]




                           Personnel Actions

       Sec. 109. 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. 110. None of the funds made available in 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.


                  Palestinian Broadcasting Corporation

       Sec. 111. None of the funds appropriated or otherwise made 
     available in this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.


                Attendance at International Conferences

       Sec. 112. 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.


                        PEACEKEEPING ASSESSMENT

       Sec. 113. Section 404(b)(2)(B) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995, as amended (22 
     U.S.C. 287e note) is further 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 by this Act, and any 
     subsequent emergency supplemental appropriations Act for 
     fiscal year 2008, may be made available for the programs and 
     activities of Alhurra 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.
       Sec. 115. Commission Financial Management. (a) Term 
     Limits.--Section 1238(b)(3) of Public Law 106-398 is amended 
     by striking subparagraph (G) and inserting the following:
       ``(G) a member of the Commission may not be reappointed for 
     an additional term of service if that member has twice been 
     appointed to the Commission; and''.
       (b) 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.
       (c) 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.
       (d) Annual Financial Audit.--The Commission shall provide 
     to Congress an annual comprehensive independent financial 
     audit of all obligations and expenditures, not later than 
     June 30 each year hereafter.


            COMMISSION ON SECURITY AND COOPERATION IN EUROPE

       Sec. 116. (a) The amount appropriated or otherwise made 
     available by this title under the heading ``Commission on 
     Security and Cooperation in Europe'' is hereby increased by 
     $333,000.
       (b) The amount appropriated or otherwise made available by 
     this title for the Department of State under the heading 
     ``diplomatic and consular programs'' is hereby reduced by 
     $333,000.


               Cooperation With the Government of Mexico

       Sec. 117. (a) Cooperation Regarding Border Security.--The 
     Secretary of State, in cooperation with the Secretary of 
     Homeland Security and representatives of Federal, State, and 
     local law enforcement agencies that are involved in border 
     security and immigration enforcement efforts, should work 
     with the appropriate officials from the Government of Mexico 
     to improve coordination between the United States and Mexico 
     regarding--
       (1) improved border security along the international border 
     between the United States and Mexico;
       (2) the reduction of human trafficking and smuggling 
     between the United States and Mexico;
       (3) the reduction of drug trafficking and smuggling between 
     the United States and Mexico;
       (4) the reduction of gang membership in the United States 
     and Mexico;
       (5) the reduction of violence against women in the United 
     States and Mexico; and
       (6) the reduction of other violence and criminal activity.
       (b) Cooperation Regarding Education on Immigration Laws.--
     The Secretary of State, in cooperation with other appropriate 
     Federal officials, should work with the appropriate officials 
     from the Government of Mexico to carry out activities to 
     educate citizens and nationals of Mexico regarding 
     eligibility for status as a nonimmigrant under Federal law to 
     ensure that the citizens and nationals are not exploited 
     while working in the United States.
       (c) Cooperation Regarding Circular Migration.--The 
     Secretary of State, in cooperation with the Secretary of 
     Labor and other appropriate Federal officials, should work 
     with the appropriate officials from the Government of Mexico 
     to improve coordination between the United States and Mexico 
     on the development of economic opportunities and providing 
     job training for citizens and nationals in Mexico.
       (d) Annual Report.--Not later than 180 days after the date 
     of the enactment of this Act, the Secretary of State shall 
     submit a report to the Committees on Appropriations 
     describing the actions taken by the United States and Mexico 
     pursuant to this section.


                     REPORT REGARDING USE OF LEVEES

       Sec. 118. Not later than 90 days after the date of 
     enactment of this Act, the United States Commissioner of the 
     International Boundary and Water Commission, in cooperation 
     and coordination with the Secretary of Homeland Security and 
     the Chief of Engineers of the United States Army Corps of 
     Engineers, shall submit to Congress a report regarding the 
     use by U.S. Customs and Border Protection of flood control 
     levees under the control of the International Boundary and 
     Water Commission, which shall--
       (1) discuss the purpose and importance of--
       (A) any such use of such levees ongoing on the date of 
     enactment of this Act; and
       (B) any anticipated such use of such levees after the date 
     of enactment of this Act;
       (2) describe the frequency and means of, and approximate 
     number of officers and employees of the U.S. Customs and 
     Border Protection who, access such levees;
       (3) describe the level of degradation of such levees as a 
     result of such use; and
       (4) identify any formal agreements that may be needed 
     between the Department of Homeland Security and the 
     International Boundary and Water Commission or the Department 
     of State to ensure needed access to such levees.

                 department of state inspector general

       Sec. 119. (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. 120. (a) The Secretary of State shall establish visa 
     processing facilities in Iraq within 180 days of enactment of 
     this Act in which aliens may apply and interview for 
     admission to the United States.
       (b) The Secretary of State shall report to the Congress no 
     later than 30 days after enactment of this Act on funding and 
     security requirements for consular operations in Iraq in 
     fiscal year 2008.


                               REFERENCES

       Sec. 121. Except as otherwise provided in this title, any 
     reference in this title to ``this Act'' shall be deemed to be 
     a reference only to title I.

                                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.


                         Loans 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

[[Page 35603]]

     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 10 percent of the 
     aggregate loan, guarantee, and insurance authority available 
     to the Export-Import Bank under this or any prior 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, $21,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961, to be derived by transfer from the Overseas Private 
     Investment Corporation Non-Credit 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 programs

                     (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, $6,621,425,000, to 
     remain available until September 30, 2009: Provided, That 
     this amount shall be made available for such activities as: 
     (1) child survival 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 
     displaced or orphaned by AIDS; and (6) family planning/
     reproductive health: Provided further, That none of the funds 
     appropriated under this heading 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 
     heading, 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 the following amounts should 
     be allocated as follows: $450,000,000 for child survival and 
     maternal health; $15,000,000 for vulnerable children; 
     $724,675,000 for other infectious diseases, including 
     $200,000,000 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 heading, $75,000,000 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 
     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, supports, or participates in the management 
     of, a program of coercive abortion or involuntary 
     sterilization: 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 
     for 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 
     with proven effectiveness, 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

[[Page 35604]]

     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 practicable, 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 should 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.
       Of the funds appropriated under this heading, 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, including for children 
     displaced or orphaned by AIDS, $5,050,000,000, to remain 
     available until expended, of which $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, 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 by 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 the Global AIDS 
     Coordinator shall include in each country operational plan 
     for fiscal year 2008 a health workforce strategy for meeting 
     HIV/AIDS goals without reducing the capacity of the country 
     to meet other health needs, particularly child survival and 
     maternal health: Provided further, That of the funds 
     appropriated by this paragraph, not less than $45,000,000 
     shall be made available to support the development of 
     microbicides as a means for combating HIV/AIDS, and not less 
     than $40,000,000 shall be made available for a United States 
     contribution to UNAIDS: 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, 
     $1,455,000,000, 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 of the funds 
     appropriated by this Act, not less than $250,000,000 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 $29,000,000 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 $22,000,000 should 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 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 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 including drilling wells in northern 
     Niger, Mali and elsewhere in the African Sahel region.


                   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, $322,350,000, to remain available 
     until expended, of which $20,000,000 should be for famine 
     prevention and relief.


                         transition initiatives

       For necessary expenses for international disaster 
     rehabilitation and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, 
     $50,000,000, 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, $8,920,000, 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, 
     $645,700,000, 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

[[Page 35605]]

     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.


                        Capital investment fund

       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, $90,508,000, 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: Provided 
     further, That of the funds appropriated under this heading, 
     not to exceed $75,144,500 may be made available for the 
     purposes of implementing the Capital Security Cost Sharing 
     Program.


   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, 
     $3,015,000,000, to remain available until September 30, 2009: 
     Provided, That funds appropriated under this heading that are 
     available for Egypt 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, including the benchmarks 
     accompanying the ``Financial Sector Reform Memorandum of 
     Understanding'' dated March 20, 2005: 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 that are 
     available for assistance for Egypt, not less than $15,000,000 
     should be made available for democracy, human rights and 
     governance programs and not less than $50,000,000 should 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 funds appropriated under this heading 
     that are available for assistance for Cyprus should 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, $363,547,000 shall be made 
     available for assistance for Jordan: Provided further, That 
     of the funds appropriated under this heading, $75,000,000 
     shall 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 of the funds 
     appropriated under this heading, not less than $30,000,000 
     shall be made available for assistance for the Philippines 
     and not less than $10,700,000 shall be made available for 
     assistance for Vietnam: 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 United States educational institutions in 
     Lebanon, and of which not less than $500,000 shall be made 
     available to the United States Forest Service for forest 
     management and wildlife conservation programs in Lebanon: 
     Provided further, That of the funds appropriated under this 
     heading, not less than $5,000,000 shall be made available for 
     the fund established by section 2108 of Public Law 109-13: 
     Provided further, That of the funds appropriated under this 
     heading, $3,000,000 shall be made available for programs to 
     promote democracy and human rights in North Korea: Provided 
     further, That of the funds appropriated under this heading 
     for assistance for Cambodia, $15,000,000 shall be made 
     available to support, democracy, the rule of law, and human 
     rights in Cambodia, including assistance for democratic 
     political parties: Provided further, That notwithstanding any 
     other provision of law, funds appropriated under this heading 
     may be made available for programs and activities in the 
     Central Highlands of Vietnam: Provided further, That of the 
     funds appropriated under this heading for the Middle East 
     Partnership Initiative, not less than $5,000,000 shall be 
     made available to rescue Iraqi scholars: 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 of 
     the funds appropriated under this heading, not less than 
     $12,000,000 shall be made available for a United States 
     contribution to the Special Court for Sierra Leone, not less 
     than $3,000,000 shall be made available for a United States 
     contribution to the Extractive Industries Transparency 
     Initiative Trust Fund, not less than $3,000,000 shall be made 
     available to support implementation of the Kimberley Process 
     Certification Scheme with an emphasis on support for regional 
     efforts to combat cross-border smuggling and for monitoring 
     by civil society groups, not less than $4,000,000 should be 
     made available for a United States contribution to the 
     International Commission Against Impunity in Guatemala, not 
     less than $2,500,000 shall be made available for East Asia 
     and Pacific Environmental Initiatives, and not less than 
     $5,000,000 shall be made available for programs to protect 
     biodiversity in Colombia's national parks and indigenous 
     reserves: 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 funds 
     appropriated under this heading, not less than $10,000,000 
     shall be made available for labor and environmental capacity 
     building activities relating to the free trade agreements 
     with the countries of Central America and the Dominican 
     Republic: Provided further, That of the funds appropriated 
     under this heading, $45,700,000 should be made available to 
     promote democracy in Cuba, and to assist the pro-democracy 
     movement in Cuba: Provided further, That of the funds 
     appropriated under this heading, not less than $10,000,000 
     should be made available for (1) programs to locate and 
     identify persons missing as a result of armed conflict, 
     violations of human rights, or natural disasters; (2) to 
     assist governments in meeting their obligations regarding 
     missing persons; and (3) to support investigations and 
     prosecutions related to war crimes, crimes against humanity, 
     genocide and other crimes under international law: Provided 
     further, That of the funds appropriated under this heading, 
     not more than $500,000 should be made available for the 
     Department of Energy's National Nuclear Security 
     Administration to support initiatives which bring together 
     public officials and private individuals from nations 
     involved in the Six-Party Talks for informal discussions on 
     resolving the North Korea nuclear issue.


          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, $294,568,000, 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.


    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, $401,885,000, 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 of the funds appropriated 
     under this heading, not less than $8,000,000 shall be made 
     available for humanitarian, conflict mitigation, human 
     rights, civil society, and relief and recovery assistance for 
     Chechnya, Ingushetia, Dagestan, and North Ossetia-Alania in 
     the North Caucasus: Provided further, That of the funds 
     appropriated under this heading that are available for 
     assistance for Russia, not less than $500,000 shall be made 
     available to the United States Forest Service for forest 
     management and wildlife conservation programs in the

[[Page 35606]]

     Russian Far East: 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, 
     $22,000,000, 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, $323,500,000, 
     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, $1,200,000,000, to remain 
     available until expended: Provided, That of the funds 
     appropriated under this heading, up to $75,000,000 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 not more than 50 percent 
     of the entire amount of the United States Government funding 
     anticipated for the duration of the Compact, 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, $177,000,000, 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) $75,000,000 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 $10,000,000 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; and
       (2) $102,000,000 for the National Endowment for Democracy: 
     Provided, That of the funds appropriated by this Act under 
     the headings ``Development Assistance'', ``Economic Support 
     Fund'', and ``Assistance for the Independent States of the 
     Former Soviet Union'', an additional $18,000,000 shall be 
     made available for the programs and activities of the 
     National Endowment of 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 this or any other Act 
     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) The Assistant Secretary of State for Democracy, Human 
     Rights and Labor shall be responsible for--
       (1) all policy, funding, and programming decisions 
     regarding funds made available in this Act and subsequent 
     Acts making appropriations for the Department of State, 
     foreign operations, export financing, and related programs 
     for the Human Rights and Democracy Fund of the Bureau of 
     Democracy, Human Rights, and Labor; and
       (2) the development of strategies for the promotion of 
     democracy globally and the coordination of democracy programs 
     between the United States Department of State and the United 
     States Agency for International Development.
       (d) 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.
       (e) 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 of the funds 
     appropriated under this heading, not less than $19,000,000 
     shall be made available for training programs and activities 
     of the International Law Enforcement Academies: Provided 
     further, That funds appropriated under this heading shall be 
     made available for training of foreign law enforcement and 
     judicial personnel in the prevention of violence and 
     discrimination on account of sexual orientation or gender 
     identity: Provided further, That of the funds appropriated 
     under this heading, not less than $10,500,000 should be made 
     available for programs to combat trafficking in persons and 
     migrant smuggling: Provided further, That of the funds 
     appropriated under this heading, not more than $38,000,000 
     may be available for administrative expenses.


                            Andean programs

                     (including transfer of funds)

       (a) For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961 to support counterdrug, 
     economic and social development, rule of law, and other 
     activities in the Andean region of South America, 
     $415,050,000, to remain available until September 30, 2010.
       (b) In fiscal year 2008, funds available to the Department 
     of State for assistance to the Government of Colombia may be 
     made available to support a unified campaign against drug 
     trafficking, against activities by organizations designated 
     as Foreign Terrorist Organizations, and to take actions to 
     protect human health and welfare in emergency circumstances, 
     including undertaking rescue operations: Provided, 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 civilian 
     government authority and respect for human rights in areas 
     under the effective control of paramilitary organizations or 
     successor armed groups: Provided further, That the President 
     shall ensure that if any helicopter procured with funds under 
     this heading is used to aid or abet the operations of any 
     such organization, the helicopter shall be immediately 
     returned to the United States: 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

[[Page 35607]]

     shall be made available subject to the regular notification 
     procedures of the Committees on Appropriations.
       (c) Of the funds appropriated under this heading that are 
     available for assistance for Colombia, not less than 
     $22,000,000 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, $9,000,000 shall be used to develop 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, $5,000,000 shall be for the Office 
     of the Procuraduria General de la Nacion, $3,000,000 shall be 
     for the Office of the Defensoria del Pueblo, and $750,000 
     shall 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.
       (d) Funds appropriated by this Act that are available for 
     aerial eradication of coca in Colombia may be made available 
     only for targeted eradication in specific areas and only if 
     the Secretary of State certifies to the Committees on 
     Appropriations that manual eradication in such areas is not 
     practicable and that aerial eradication will not contribute 
     to a significant loss of biodiversity: Provided, That not 
     more than 20 percent of such funds may be made available 
     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, and the Secretary submits 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 the 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 municipalities where security permits for small-acreage 
     growers whose illicit crops are targeted for aerial 
     eradication: 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 practicable alternatives and the 
     eradication is conducted in accordance with Colombian laws: 
     Provided further, That of the funds appropriated under this 
     heading that are available for Colombia, $10,000,000 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 military 
     to provide security for manual eradication programs, 
     including in national parks: 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.
       (e) 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.
       (f) Rotary and fixed wing aircraft supported with funds 
     appropriated under this heading for assistance for Colombia 
     should be used for drug eradication and interdiction 
     including to transport personnel in connection with manual 
     eradication programs, 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.
       (g) 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 civilian judicial authorities are investigating and 
     prosecuting, with the full cooperation, military and police 
     personnel who have been implicated in the military and police 
     gross violations of human rights.
       (h) Of the funds appropriated under this heading, not more 
     than $16,000,000 may be available for administrative expenses 
     of the Department of State, and not more than $8,000,000 may 
     be available, in addition to amounts otherwise available for 
     such purposes, for administrative expenses of the United 
     States Agency for International Development.
       (i) 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.


                    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, $889,000,000, 
     to remain available until expended: Provided, That not more 
     than $23,000,000 may be available for administrative 
     expenses: Provided further, That $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.


     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: Provided, That funds made available 
     under this heading are appropriated notwithstanding the 
     provisions contained in section 2(c)(2) of such Act which 
     would limit the amount of funds which could be appropriated 
     for this purpose.


    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-
     terrorism, demining and related programs and activities, 
     $499,000,000, 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 $32,000,000, 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 $30,000,000 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, 
     $22,800,000, 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

[[Page 35608]]

     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, $200,300,000, 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.

  support of foreign law enforcement efforts to locate united states 
    citizens kidnapped in areas affected by violent drug trafficking

       Sec. 301. Funds appropriated or otherwise made available by 
     this title under the heading ``international narcotics 
     control and law enforcement'' should be available for the 
     support of efforts of foreign law enforcement authorities to 
     locate United States citizens who have been kidnapped in, or 
     are otherwise missing from, areas affected by violent drug 
     trafficking.

                                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 expanded international 
     military education and training may include English language 
     training for purposes of funds appropriated under this 
     heading: Provided further, That funds made available under 
     this heading 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.


                   Foreign Military Financing Program

       For expenses necessary for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $4,579,000,000: Provided, That of the funds 
     appropriated under this heading, not less than $2,400,000,000 
     shall be available for grants only for Israel: Provided 
     further, That the funds appropriated by this paragraph for 
     Israel shall be disbursed within 30 days of the enactment of 
     this Act or by October 31, 2007, whichever is later: 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 less than $8,413,000 
     shall be made available for assistance for Tunisia: Provided 
     further, That of the funds appropriated under this heading 
     that are available for assistance for Morocco, not more than 
     $2,000,000 may be obligated until the Secretary of State 
     certifies and reports to the Committees on Appropriations 
     that Moroccan Government authorities in the territory of the 
     Western Sahara have (1) ceased to persecute, detain, and 
     prosecute individuals for peacefully expressing their 
     opinions regarding the status and future of the Western 
     Sahara and for documenting violations of human rights; and 
     (2) provided unimpeded access to internationally recognized 
     human rights organizations, journalists, and representatives 
     of foreign governments to the Western Sahara: Provided 
     further, That of the funds appropriated under this heading, 
     not less than $1,300,000,000 shall be made available for 
     grants only for Egypt: Provided further, That funds made 
     available under this heading for assistance for Egypt should 
     be made available for counterterrorism and border security 
     programs in the Sinai: Provided further, That of the funds 
     appropriated under this heading that are available for 
     Colombia, $10,000,000 shall be made available for medical and 
     rehabilitation assistance, removal of landmines, and to 
     enhance communications capabilities: 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 0.1 percent of the 
     funds appropriated under this heading shall be transferred to 
     and merged with funds appropriated under the heading 
     ``Economic Support Fund'' to be made available to the Bureau 
     of Democracy, Human Rights and Labor, Department of State, to 
     ensure adequate monitoring of the use 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 515 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

[[Page 35609]]

     the Committees on Appropriations: Provided further, That 
     foreign military financing program funds estimated to be 
     outlayed for Egypt during fiscal year 2008 may be transferred 
     to an interest bearing account for Egypt in the Federal 
     Reserve Bank of New York.


                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $273,200,000: 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.

                                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, $106,763,000 to the International Bank 
     for Reconstruction and Development as trustee for the Global 
     Environment Facility (GEF), 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, $1,000,000,000, to remain 
     available until expended: Provided, That funds appropriated 
     under this heading should not be obligated until the 
     Secretary of the Treasury reports to the Committees on 
     Appropriations that he has received written assurance from 
     the President of the World Bank that the bank's management 
     will not recommend or support any loan, grant, credit or 
     other financing for any infrastructure project which would 
     contribute to significant loss of tropical forest or 
     biodiversity.


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, $65,000,000, 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, $105,000,000, 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, $313,925,000: Provided, That of 
     the funds appropriated under this heading that are available 
     for the Organization of American States Fund for 
     Strengthening Democracy, $500,000 shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.

                                TITLE VI

                           GENERAL PROVISIONS


  compensation for united states executive directors to international 
                         financial institutions

       Sec. 601. (a) No funds appropriated by 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.


                              allocations

       Sec. 602. (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 report accompanying this Act:
       ``Educational and Cultural Exchange Programs''.
       ``Embassy Security, Construction, and Maintenance''.
       ``International Fisheries Commissions''.
       ``International Broadcasting Operations''.
       ``Global Health Programs''.
       ``Economic Support Fund''.
       ``Assistance for Eastern Europe and the Baltic States''.
       ``Assistance for the Independent States of the Former 
     Soviet Union''.
       ``Democracy Fund''.
       ``Andean Programs''.
       ``Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs''.
       ``Foreign Military Financing Program''.
       ``International Organizations and Programs''.
       (b) Any proposed increases or decreases to the amounts 
     contained in such tables in the accompanying report shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations and section 634A of the Foreign 
     Assistance Act of 1961.


                    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

       Sec. 604. Any Department or Agency to which funds are 
     appropriated or otherwise made available by this Act shall 
     provide, upon request of the Committees on Appropriations, an 
     accurate accounting 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 this Act, not to exceed $250,000 shall be 
     available for representation and entertainment allowances, of 
     which not to exceed $5,000 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 $4,000 shall be available for entertainment and 
     representation allowances: Provided further, That of the 
     funds made available by this Act under the heading ``United 
     States-China Economic and Security Review Commission'', not 
     to exceed $3,000 shall be available for official reception, 
     representation, and entertainment 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 by 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

[[Page 35610]]

     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 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.


                               transfers

       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 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 not to 
     exceed 5 percent of any appropriation made available for the 
     current fiscal year for the Broadcasting Board of Governors 
     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 further, That any transfer pursuant 
     to this section shall be treated as a reprogramming of funds 
     under section 104 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       (b)(1) Limitation on Transfers Between Agencies.--None of 
     the funds made available by 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.
       (c) Transfers Between Accounts.--None of the funds made 
     available by 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.
       (d) 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, 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 heading 
     ``Assistance for Eastern Europe and the Baltic States'', 
     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: 
     Provided further, That the Director of the Trade and 
     Development Agency shall notify the Committees on 
     Appropriations not later than 15 days prior to any 
     reobligation of funds appropriated for the purposes of 
     section 661 of part II of the Foreign Assistance Act of 1961.


            limitation on assistance to countries in default

       Sec. 612. No part of any appropriation contained 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 
     1 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 this Act for direct assistance and none 
     of the funds otherwise made available pursuant to this Act 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

[[Page 35611]]

     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 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 all 
     titles 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 ten 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 ten 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 Programs'', ``Development Assistance'', 
     ``International Organizations and Programs'', ``Trade and 
     Development Agency'', ``International Narcotics Control and 
     Law Enforcement'', ``Andean 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 
     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)(1) Of the funds appropriated under this heading 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.
       (e) 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

[[Page 35612]]

     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.


                 export financing transfer authorities

       Sec. 619. 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.


                   special notification requirements

       Sec. 620. None of the funds appropriated by this Act shall 
     be obligated or expended for assistance for Serbia, Sudan, 
     Zimbabwe, Pakistan, Cuba, the Dominican Republic, Iran, 
     Haiti, 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 earmarks, 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 activities

       Sec. 622. Up to $13,500,000 of the funds made available by 
     this Act for assistance under the heading ``Global Health 
     Programs'', 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 Programs'' 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 $461,060,000 shall be made 
     available for family planning/reproductive health: Provided 
     further, That in order to prevent unintended pregnancies, 
     abortions, and the transmission of sexually transmitted 
     infections, including HIV/AIDS, no contract or grant for the 
     exclusive purpose of providing donated contraceptives in 
     developing countries shall be denied to any nongovernmental 
     organization solely on the basis of the policy contained in 
     the President's March 28, 2001, Memorandum to the 
     Administrator of the United States Agency for International 
     Development with respect to providing contraceptives in 
     developing countries, or any comparable administration policy 
     regarding the provision of contraceptives.


                              afghanistan

       Sec. 623. Of the funds appropriated by titles III and IV of 
     this Act, up to $1,057,050,000 may be made available for 
     assistance for Afghanistan, of which not less than 
     $75,000,000 should be made available to support programs that 
     directly address the needs of Afghan women and girls, of 
     which not less than $12,000,000 shall be made available for 
     grants to support training and equipment to improve the 
     capacity of women-led Afghan nongovernmental organizations 
     and to support the activities of such organizations, and not 
     less than $3,000,000 should be made available for 
     reforestation activities: Provided, That funds made available 
     pursuant to the previous proviso for reforestation activities 
     should be matched, to the maximum extent possible, with 
     contributions from American and Afghan businesses: 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 shall 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. 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, to enable them to fulfill 
     their mandates;
       (3) has a full-time, professional, independent Office of 
     Inspector General that is fully operational;
       (4) requires local Fund agents 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 all program reviews, program 
     evaluations, internally and externally commissioned audits, 
     and inspector general reports and findings, not later than 7 
     days after they are received by the Global Fund Secretariat, 
     except that such information as determined necessary by the 
     Inspector General to protect the identity of whistleblowers 
     or other informants to investigations and reports of the 
     Inspector General, or proprietary information, may be 
     redacted from such documents; and
       (7) is tracking and encouraging the involvement of civil 
     society in country coordinating mechanisms and program 
     implementation.


       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 for 
     assistance to the government of 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 other gross violation of human rights; or
       (2) otherwise supports international terrorism.
       (b) The President may waive the application of subsection 
     (a) to such government 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

[[Page 35613]]

     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 by this Act for Enterprise Funds 
     shall be expended at the minimum rate necessary to make 
     timely payment for projects and activities.


         INTERNATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH

       Sec. 630. (a) Funds appropriated by this Act may be made 
     available for a United States contribution to the United 
     Nations Population Fund (UNFPA).
       (b) None of the funds appropriated by this Act may be made 
     available to UNFPA for a country program in the People's 
     Republic of China.
       (c) Funds appropriated by this Act may not be made 
     available to UNFPA unless--
       (1) UNFPA maintains amounts made available 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.


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 by 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 year 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 by 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

[[Page 35614]]

     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 ``and 2007'' 
     and inserting ``through 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) Extension of Authority.--
       (1) With respect to funds appropriated by this Act that are 
     available for assistance for Pakistan, the President may 
     waive the prohibition on assistance contained in section 608 
     of this Act subject to the requirements contained in section 
     1(b) of Public Law 107-57, as amended, for a determination 
     and certification, and consultation, by the President prior 
     to the exercise of such waiver authority.
       (2) Notwithstanding the date contained in section 6 of 
     Public Law 107-57, as amended, the provisions of sections 2 
     and 4 of that Act shall remain in effect through the current 
     fiscal year.
       (j) Middle East Foundation.--Funds appropriated by this Act 
     and prior Acts under the heading ``Economic Support Fund'' 
     that are available for the Middle East Partnership Initiative 
     may be made available, including as an endowment, 
     notwithstanding any other provision of law and following 
     consultations with the Committees on Appropriations, to 
     establish and operate a Middle East Foundation, or any other 
     similar entity, whose purpose is to support democracy, 
     governance, human rights, and the rule of law in the Middle 
     East region: Provided, That such funds may be made available 
     to the Foundation only to the extent that the Foundation has 
     commitments from sources other than the United States 
     Government to at least match the funds provided under the 
     authority of this subsection: Provided further, That 
     provisions contained in section 201 of the Support for East 
     European Democracy (SEED) Act of 1989 (excluding the 
     authorizations of appropriations provided in subsection (b) 
     of that section and the requirement that a majority of the 
     members of the board of directors be citizens of the United 
     States provided in subsection (d)(3(B) of that section) shall 
     be deemed to apply to any such foundation or similar entity 
     referred to under this subsection, and to funds made 
     available to such entity, in order to enable it to provide 
     assistance for purposes of this section: Provided further, 
     That prior to the initial obligation of funds for any such 
     foundation or similar entity pursuant to the authorities of 
     this subsection, other than for administrative support, the 
     Secretary of State shall take steps to ensure, on an ongoing 
     basis, that any such funds made available pursuant to such 
     authorities are not provided to or through any individual or 
     group that the management of the foundation or similar entity 
     knows or has reason to believe, advocates, plans, sponsors, 
     or otherwise engages in terrorist activities: Provided 
     further, That section 629 of this Act shall apply to any such 
     foundation or similar entity established pursuant to this 
     subsection: Provided further, That the authority of the 
     Foundation, or any similar entity, to provide assistance 
     shall cease to be effective on September 30, 2010.
       (k) 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.
       (l) 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''.
       (m) 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.
       (n) 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 
     for fiscal year 2008.
       (o) Demobilization, Disarmament, and Reintegration 
     Assistance.--Notwithstanding any other provision of law, 
     policy or regulation, funds appropriated by this Act and 
     prior acts making appropriations for foreign operations, 
     export financing, and related programs may be made available 
     to support programs to demobilize, disarm, and reintegrate 
     into civilian society former combatants of foreign 
     governments or organizations who have renounced involvement 
     or participation in such organizations.
       (p) 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.


                     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 in 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 earmarked may be reprogrammed for other 
     programs within the same account notwithstanding the earmark 
     if compliance with the earmark 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

[[Page 35615]]

     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 
     earmarked 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 earmarked funds that are 
     continued available for an additional fiscal year shall be 
     obligated only for the purpose of such designation.
       (c) Ceilings and earmarks 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. Earmarks 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 Programs'' 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 2006 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 Programs'' 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 $11,000,000 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 funds made available under this 
     heading 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 heading 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.


           prohibition of payments to united nations members

       Sec. 640. None of the funds appropriated or made available 
     pursuant to 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. (a) None of the funds appropriated or made 
     available pursuant to 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.
       (b) Notwithstanding any other provision of law or 
     regulation, the Administrator of the United States Agency for 
     International Development shall provide to the Committees on 
     Appropriations, on a timely basis, such information on the 
     obligation and expenditure of funds appropriated by this Act 
     and prior Acts, pursuant to grants, cooperative agreements, 
     and contracts entered into or financed by the agency, as may 
     be requested by the Committee on Appropriations to satisfy 
     oversight responsibilities of those Committees.


  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 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

[[Page 35616]]

     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 by 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

       Sec. 646. 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.


           restrictions concerning the palestinian authority

       Sec. 647. None of the funds appropriated by 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.


               prohibition of payment of certain expenses

       Sec. 648. None of the funds appropriated or otherwise made 
     available by 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 Programs'', ``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.


                           western hemisphere

       Sec. 649. (a) Central America.--Of the funds appropriated 
     by this Act under the headings ``Global Health Programs'' 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 
     2006 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 Programs'' shall mean 
     ``Child Survival and Health Programs Fund''.
       (b)(1) Haiti.--Of the funds appropriated by this Act under 
     the headings ``Development Assistance'' and ``Economic 
     Support Fund'', not less than $106,200,000 shall be made 
     available for assistance for Haiti, of which not less than 
     $5,000,000 shall be for programs to improve court 
     administration and reduce pre-trial detention and of which 
     not less than $5,000,000 shall be made available for 
     watershed remediation and reforestation activities.
       (2) 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.
       (3) None of the funds made available in 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 the United 
     Nations Mission in Haiti has ensured 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.
       (c) Dominican Republic.--Of the funds appropriated by this 
     Act under the headings ``Global Health Programs'' and 
     ``Development Assistance'', not less than $23,600,000 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 sugar cane workers and other residents of 
     batey communities.


         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 
     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.


              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.


                      AVIAN INFLUENZA PREPAREDNESS

       Sec. 654. Notwithstanding any other provision of law except 
     section 551 of Public Law 109-102, of the funds appropriated 
     by this Act under the heading ``Foreign Military Financing 
     Program'', $12,500,000 shall be made available to enhance the 
     preparedness of militaries in Asia and Africa to respond to 
     an avian influenza pandemic, and of the funds appropriated by 
     this Act under the heading ``Peacekeeping Operations'', 
     $12,500,000 shall be transferred to, and merged with, funds 
     made available under the heading ``Foreign Military Financing 
     Program'' to be used for this purpose.


                         palestinian statehood

       Sec. 655. (a) Limitation on Assistance.--None of the funds 
     appropriated by 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 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 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;

[[Page 35617]]

       (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'').


                                colombia

       Sec. 656. (a) Funding.--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 report.
       (b) Determination and Certification Required.--Funds 
     appropriated by this Act that are available for assistance 
     for the Colombian Armed Forces, may be made available as 
     follows:
       (1) Up to 70 percent of such funds may be obligated prior 
     to the certification and report by the Secretary of State 
     pursuant to paragraph (2).
       (2) 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:
       (A) The Commander General of the Colombian Armed Forces is 
     suspending from the Armed Forces those members, 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 Colombian Government is vigorously 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, and is promptly punishing those members of the 
     Colombian Armed Forces found to have committed such 
     violations of human rights or to have aided or abetted such 
     organizations or successor 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 the 
     command, battalion, and brigade levels, with paramilitary 
     organizations and successor armed groups, especially in 
     regions where such organizations or successor groups have a 
     significant presence.
       (E) The Colombian Government 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 confiscating land 
     and other assets illegally acquired by such organizations or 
     their associates and returning such land or assets to their 
     rightful owners, by revoking reduced sentences for 
     demobilized paramilitaries who engage in new criminal 
     activity, and by arresting, prosecuting under civilian 
     criminal law, and when requested, promptly extraditing to the 
     United States members of successor armed groups.
       (F) The Colombian Armed Forces are not violating the land 
     and property rights of Colombia's indigenous and Afro-
     Colombian communities, and are distinguishing 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 subsequently certifies and submits a 
     written report to, the Committees on Appropriations, that the 
     Colombian Armed Forces are continuing to meet the conditions 
     contained 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.
       (c) Report.--The reports required by subsections (a)(2) and 
     (a)(3) of this section shall contain, with respect to each 
     such subsection, a detailed description of the actions taken 
     by the Colombian Government or Armed Forces which support 
     each requirement of the certification, and the cases or 
     issues brought to the attention of the Secretary for which 
     the actions taken by the Colombian Government or Armed Forces 
     have been inadequate.
       (d) Congressional Notification.--Funds made available by 
     this Act for the Colombian Armed Forces shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.
       (e) 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 
     conditions contained in subsection (a).
       (f) 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.


                          illegal armed groups

       Sec. 657. (a) Denial of Visas.--Subject to subsection (b), 
     the Secretary of State shall not issue a visa to any alien 
     who the Secretary determines, based on credible evidence--
       (1) has willfully provided any support to the Revolutionary 
     Armed Forces of Colombia (FARC), the National Liberation Army 
     (ELN), or 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
       (2) has committed, ordered, incited, assisted, or otherwise 
     participated in the commission of gross violations of human 
     rights, including extra-judicial killings, in Colombia.
       (b) Waiver.--Subsection (a) shall not apply if the 
     Secretary of State certifies and reports to the appropriate 
     congressional committees, 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 humanitarian reasons.


                     west bank and gaza assistance

       Sec. 658. (a) 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. The Secretary of State shall terminate 
     assistance to any individual, entity, or educational 
     institution which the Secretary has determined to be involved 
     in or advocating terrorist activity.
       (b) Prohibition.--None of the funds appropriated by 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.
       (c) 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 subgrantees, 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 under the heading 
     ``Economic Support Fund'' that are made available for 
     assistance for the West Bank and Gaza, 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.


                             war criminals

       Sec. 659. (a)(1) None of the funds appropriated or 
     otherwise made available pursuant to this Act may be made 
     available for assistance, and the Secretary of the Treasury 
     shall instruct the United States executive directors to the 
     international financial institutions 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--

[[Page 35618]]

       (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. 660. 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 and 
     treatment for HIV/AIDS, malaria, tuberculosis, and infant, 
     child, and maternal well-being, in connection with the 
     institutions' financing programs.


                           funding for serbia

       Sec. 661. (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.


                   community-based police assistance

       Sec. 662. (a) Authority.--Funds made available by 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. 663. (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. 664. (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

[[Page 35619]]

     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''.


                        reconciliation programs

       Sec. 665. Of the funds appropriated under the heading 
     ``Economic Support Fund'', not less than $20,000,000 shall be 
     made available to support reconciliation programs and 
     activities which bring together individuals of different 
     ethnic, religious, and political backgrounds from areas of 
     civil conflict and war.


                                 SUDAN

       Sec. 666. (a) Limitation on Assistance.--Subject to 
     subsection (b):
       (1) Notwithstanding section 501(a) of the International 
     Malaria Control Act of 2000 (Public Law 106-570) or 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 and reports to the Committees 
     on Appropriations that--
       (1) the Government of Sudan is honoring its pledges to 
     cease attacks upon civilians and has disarmed and demobilized 
     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; and
       (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 that has the 
     support of the United States.
       (c) Exceptions.--The provisions of subsection (a) shall not 
     apply to--
       (1) humanitarian assistance;
       (2) assistance for Darfur and for areas outside the control 
     of the Government of Sudan; and
       (3) assistance to support implementation of the 
     Comprehensive Peace Agreement and the Darfur Peace Agreement 
     or any other internationally-recognized 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.


                    TRANSPARENCY AND ACCOUNTABILITY

       Sec. 667. (a) United Nations Development Program.--Prior to 
     the initial obligation of funds appropriated in this Act 
     under the heading ``International Organizations and 
     Programs'' for a United States contribution to the United 
     Nations Development Program (UNDP), the Secretary of State 
     shall certify and report to the Committees on Appropriations 
     that UNDP is--
       (1) giving adequate and appropriate access to information 
     to the United States Mission to the United Nations regarding 
     UNDP's programs and activities, as requested, including in 
     North Korea and Burma;
       (2) conducting appropriate oversight of UNDP programs and 
     activities globally; and
       (3) implementing the whistleblower protection policy 
     established by the United Nations Secretariat in December 
     2005.
       (b) World Bank.--Twenty 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--
       (1) 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;
       (2) 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;
       (3) the World Bank is adequately staffing and sufficiently 
     funding the Department of Institutional Integrity;
       (4) the World Bank has made publicly available the 
     Department of Institutional Integrity's November 23, 2005 
     ``Report of Investigation into Reproductive and Child Health 
     I Project Credit N0180 India'' and any subsequent detailed 
     implementation review, and is implementing the 
     recommendations of the Department of Institutional Integrity 
     regarding this project, including recommendations concerning 
     the prosecution of individuals engaged in corrupt practices; 
     and
       (5) the World Bank has made publicly available the ``Volker 
     Panel'' report regarding the review and evaluation of the 
     mandate and authorities, policies, procedures, practices, 
     independence, reporting lines, and oversight mechanisms of 
     the World Bank's Department of Institutional Integrity.
       (c) Report.--The Comptroller General of the United States 
     shall conduct an assessment of the financial management and 
     oversight of programs and activities funded under the 
     headings ``Millennium Challenge Corporation'', ``Global 
     Health Programs'' (for HIV/AIDS programs), and ``Global HIV/
     AIDS Initiative'' in this Act and prior Acts making 
     appropriations for foreign operations, export financing, and 
     related programs. The assessment shall include an examination 
     of donor coordination efforts, and recommendations for 
     improving financial oversight of such programs and 
     activities.
       (d) 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 (d)(1) on a 
     country-by-country basis if the Secretary reports to the 
     Committees on Appropriations that to do so is important to 
     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. 668. 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, Latvia, 
     Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, 
     and Ukraine.


                                ZIMBABWE

       Sec. 669. 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. 670. (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 
     identified in the report accompanying this Act that are 
     recommended for consideration for funding by that report, and 
     for proposals of other nongovernmental organizations that 
     apply.
       (c) Competition.--To the maximum extent practicable, grants 
     made pursuant to the authority of this section shall be open, 
     transparent and competitive.
       (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 grant, or grant amendment, made pursuant 
     to this section shall exceed $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, Reconciliation Programs.
       (f) Definition.--For purposes of this section, the term 
     ``nongovernmental organization'' means a private and 
     voluntary organization or for-profit entity, 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.


                   MONITORING OF MILITARY ASSISTANCE

       Sec. 671. Not later than 90 days after enactment of this 
     Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations detailing the procedures being 
     applied, on a country-by-country basis, to monitor whether 
     funds appropriated by this Act under the heading ``Foreign 
     Military Financing Program'' for assistance for Bangladesh, 
     Democratic Republic of the Congo, Ethiopia, Pakistan, 
     Philippines,

[[Page 35620]]

     and Sri Lanka, are misused by units of the security forces of 
     such countries against civilians, including civilians who are 
     members of political opposition parties and human rights 
     groups.


                    DISASTER ASSISTANCE AND RECOVERY

       Sec. 672. (a) 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.
       (b) This section shall apply with respect to fiscal year 
     2008 and each year thereafter.


     united states agency for international development management

                     (including transfer of funds)

       Sec. 673. (a) Authority.--Up to $81,000,000 of the funds 
     made available in 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 
     nondirect-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 nondirect-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 nondirect-
     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 by 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. 674. 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 II 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 funds earmarked by 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. 675. 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.


              ENVIRONMENT AND ENERGY CONSERVATION PROGRAMS

       Sec. 676. (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 wildlife 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 revenues and expenditures in 
     connection with the extraction and export of the type of 
     natural resource to be extracted or exported; (B) the 
     independent auditing of such accounts and the widespread 
     public dissemination of the 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 national resource 
     since September 30, 2007, 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).
       (d) Funds appropriated under titles II, III and IV of this 
     Act shall to the maximum extent practicable, be subject to 
     the provisions of section 117 (relating to environment and 
     natural resources) of the Foreign Assistance Act of 1961.


                               uzbekistan

       Sec. 677. (a) Limitation on Assistance.--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--
       (1) the Government of Uzbekistan is making substantial and 
     continuing progress 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-

[[Page 35621]]

     party system, and ensuring free and fair elections, freedom 
     of expression, and the independence of the media; and
       (2) a credible international investigation of the May 13, 
     2005, shootings in Andijan is underway with the support of 
     the Government of Uzbekistan.
       (b) Sanctions.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of State shall send to 
     the appropriate congressional committees a list of officials 
     of the Government of Uzbekistan and their immediate family 
     members who the Secretary has credible evidence to believe 
     have been involved in the Andijan massacre or in other gross 
     violations of human rights in Uzbekistan;
       (c) Imposition of Sanctions.--Not later than 10 days after 
     the list described in subsection (b) is submitted to the 
     appropriate congressional committees, the following sanctions 
     shall apply:
       (1) Any individual on the list submitted under subsection 
     (b) shall be ineligible for a visa to enter the United 
     States.
       (2) No property or interest in property belonging to an 
     individual on the list submitted under subsection (b), or to 
     a member of the immediate family of such individual if the 
     property is effectively under the control of such individual, 
     may be transferred, paid, exported, withdrawn, or otherwise 
     dealt with, if the property is within the United States or 
     within the possession or control of a United States person, 
     including the overseas branch of such person, or after the 
     date of the enactment of this Act comes within the control of 
     such person.
       (3) No United States person may engage in financial 
     transactions with an individual on the list submitted under 
     subsection (b), or with a member of the immediate family of 
     such individual if the transaction will benefit an individual 
     on the list submitted under subsection (b).
       (c) Freezing of Assets.--
       (1) In general.--The Secretary of the Treasury shall 
     immediately block any assets, property, transactions in 
     foreign exchange, currency, or securities, and transfers of 
     credit or payments between, by, through, or to any banking 
     institution under the jurisdiction of the United States of an 
     individual identified under subsection (b) of this section.
       (2) Reporting requirement.--Not later than 15 days after a 
     decision to freeze the assets identified in this subsection 
     of any individual identified under subsection (b), the 
     Secretary of the Treasury shall--
       (A) report the name of such individual to the Committees on 
     Appropriations; and
       (B) require any United States financial institution holding 
     such funds or assets to promptly report those funds and 
     assets to the Office of Foreign Assets Control.


                              Central Asia

       Sec. 678. (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 during the preceding 6 month 
     period.
       (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. 679. (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 lease 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.


                      NEGLECTED TROPICAL DISEASES

       Sec. 680. Of the funds appropriated under the heading 
     ``Global Health Programs'', not less than $15,000,000 shall 
     be made available for continued support of the United States 
     Agency for International Development's cooperative agreement 
     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 work 
     with relevant technical organizations addressing the specific 
     diseases, recipient countries, donor countries, the private 
     sector, UNICEF and the World Health Organization 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.


               ORPHANS, DISPLACED AND ABANDONED CHILDREN

       Sec. 681. 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.


       COORDINATOR OF ACTIVITIES RELATING TO INDIGENOUS PEOPLES 
                            INTERNATIONALLY

       Sec. 682. (a) Coordinator.--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 a Coordinator of 
     Activities Relating to Indigenous Peoples Internationally 
     (hereinafter in this section referred to as the 
     ``Coordinator''), who shall be appointed by the Director. The 
     Coordinator shall report directly to the Director.
       (b) Responsibilities.--The Coordinator shall:
       (1) Serve as a principal advisor to 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.


                    OVERSIGHT OF IRAQ RECONSTRUCTION

       Sec. 683. Subsection (o) of section 3001 of the Emergency 
     Supplemental Appropriations Act for Defense and for the 
     Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-
     106; 117 Stat. 1234; 5 U.S.C. App. 3 section 8G note), as 
     amended by section 1054(b) of the John Warner National 
     Defense Authorization Act for Fiscal Year 2007 (Public Law 
     109-364; 129 Stat. 2397), section 2 of the Iraq 
     Reconstruction Accountability Act of 2006 (Public Law 109-
     440), and section 3801 of the U.S. Troop Readiness, Veterans' 
     Care, Katrina Recovery, and Iraq Accountability 
     Appropriations Act, 2007 (Public Law 110-28) is amended--

[[Page 35622]]

       (1) in subsection (o)(1)(B) by striking ``fiscal year 2006 
     or fiscal year 2007'' and inserting ``fiscal years 2006 
     through 2008''. Section 1054 of Public Law 109-364 is amended 
     by striking ``fiscal year 2006'' and inserting ``fiscal years 
     2006 through 2008''; and
       (2) by adding at the end of such section the following 
     subsection:
       ``(p) Rule of Construction.--For the purposes of carrying 
     out the duties of the Inspector General, any United States 
     funds appropriated or otherwise made available for fiscal 
     years 2006 through 2008 for the reconstruction of Iraq, 
     irrespective of the designation of such funds, shall be 
     deemed to be amounts appropriated or otherwise made available 
     to the Iraq Relief and Reconstruction Fund.''.


               demobilization and disarmament in colombia

       Sec. 684. (a) Availability of Funds.--Of the funds 
     appropriated in this Act, up to $12,000,000 may be made 
     available in fiscal year 2008 for assistance for the 
     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 
     subsection (b) to the Committees on Appropriations prior to 
     the initial obligation of amounts for such assistance for the 
     fiscal year involved.
       (b) Certification.--A certification described in this 
     subsection is a certification that--
       (1) assistance for the fiscal year will be provided only 
     for individuals who have: (A) verifiably renounced and 
     terminated any affiliation or involvement with FTOs or other 
     illegal armed groups; (B) 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 (C) are not involved in acts of 
     intimidation or violence;
       (2) 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 immediately extraditing to the United States 
     those commanders, leaders and members indicted in the United 
     States who have breached the terms of the Colombia 
     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;
       (3) the Government of Colombia is not 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 confiscating and returning such land 
     and other assets to their rightful owners;
       (4) the Government of Colombia is implementing a concrete 
     and workable framework for dismantling the organizational 
     structures of foreign terrorist organizations; and
       (5) 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.
       (c) Notification.--Funds made available by this Act for 
     demobilization and reintegration of members of FTOs shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       (d) Definitions.--In this section:
       (1) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means--
       (A) the Committee on Appropriations and the Committee on 
     Foreign Affairs of the House of Representatives; and
       (B) the Committee on Appropriations and the Committee on 
     Foreign Relations of the Senate.
       (2) 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.


                               INDONESIA

       Sec. 685. Of the funds appropriated under the heading 
     ``Foreign Military Financing Program'', $15,700,000 may be 
     made available for assistance for Indonesia, and an 
     additional $2,000,000 may be made available when the 
     Secretary of State reports to the Committees on 
     Appropriations that the Government of Indonesia has written 
     plans to effectively--
       (1) provide accountability for past violations of human 
     rights by members of the Indonesian military;
       (2) allow public access to West Papua; and
       (3) pursue the criminal investigation, and provide the 
     projected timeframe for completing the investigation, of the 
     murder of Munir Said Thalib.


                        ASSISTANCE FOR GUATEMALA

       Sec. 686. (a) Funds appropriated by this Act under the 
     heading ``International Military Education and Training'' 
     that are available for assistance for Guatemala, other than 
     for expanded international military education and training, 
     may be made available only 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 military personnel who have been credibly 
     alleged to have committed violations of human rights.
       (b) 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 military personnel who have been credibly 
     alleged to have committed violations of human rights, and the 
     Guatemalan Armed Forces are fully cooperating with the 
     International Commission Against Impunity in Guatemala.
       (c) Funds made available for assistance for Guatemala under 
     the headings referred to in this section shall be subject to 
     the regular notification procedures of the Committees on 
     Appropriations.


                             CHILD SOLDIERS

       Sec. 687. (a) No military assistance shall be furnished 
     with funds appropriated by this Act and, during the current 
     fiscal year, no military equipment or technology shall be 
     sold or transferred pursuant to the authorities contained in 
     this Act or any other Act, to the government of a country 
     that is identified by the Department of State's 2006 Country 
     Reports on Human Rights Practices as having governmental 
     armed forces or government-supported armed groups, including 
     paramilitaries, militias, or civil defense forces, 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.


                              PHILIPPINES

       Sec. 688. 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, and an additional $2,000,000 may be made 
     available when 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. 689. (a) Of the funds appropriated by this Act under 
     the heading ``Foreign Military Financing Program'', 
     $300,000,000 may be made available for assistance for 
     Pakistan, unless the Secretary of State reports to the 
     Committees on Appropriations that the Government of Pakistan 
     is not--
       (1) making effective and consistent 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) making effective and consistent 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) implementing democratic reforms, including by--
       (A) allowing free, fair and inclusive elections in 
     accordance with internationally recognized democratic norms;
       (B) ensuring freedom of expression and ending harassment of 
     journalists and government critics by security and 
     intelligence forces; and
       (C) respecting the independence of the judiciary and 
     implementing judicial decisions.
       (b) If the Secretary reports pursuant to subsection (a), 
     funds that are available for assistance for Pakistan pursuant 
     to this section which have not been made available may be 
     transferred to and merged with funds appropriated by this Act 
     under the heading ``Economic Support Fund'' and used for 
     basic education, health, micro-enterprise development, and 
     democracy programs in Pakistan.


                               SRI LANKA

       Sec. 690. 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 and reports to the 
     Committees 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, including extrajudicial 
     executions and the recruitment of child soldiers;
       (2) the Sri Lankan Government has provided unimpeded access 
     to humanitarian organizations and journalists to Tamil areas 
     of the country; 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.


                       PEACE CORPS SEPARATION PAY

       Sec. 691. (a) Establishment of Fund.--There is established 
     in the Treasury of the United States a fund for the Peace 
     Corps to provide separation pay for host country resident 
     personal services contractors of the Peace Corps.
       (b) Funding.--The Director of the Peace Corps may deposit 
     in such fund--
       (1) amounts previously obligated and not canceled for 
     separation pay of host country resident personal services 
     contractors of the Peace Corps; and
       (2) amounts obligated for fiscal years after 2006 for the 
     current and future costs of separation pay for host country 
     resident personal services contractors of the Peace Corps.
       (c) Availability.--Beginning in fiscal year 2007 and 
     thereafter, amounts in the fund are available without fiscal 
     year limitation for severance, retirement, or other 
     separation payments to host country resident personal 
     services contractors of the Peace Corps in countries where 
     such pay is legally authorized.


                     MULTILATERAL DEVELOPMENT BANKS

       Sec. 692. (a) Independent Auditing and Inspector General.--
     The Secretary of the Treasury shall instruct the United 
     States Executive Director to each multilateral development 
     bank to inform the bank of, and use the voice and vote of the 
     United States to achieve at the bank, the following United 
     States policy goals:
       (1) Each multilateral development bank should--
       (A) establish an independent Office of Inspector General, 
     establish or strengthen an independent auditing function at 
     the bank, and require that the Inspector General and the 
     auditing function report directly to the board of directors 
     of the bank; and
       (B) adopt and implement an internationally recognized 
     internal controls framework, allocate adequate staffing to 
     auditing and supervision, require external audits of internal 
     controls, and external audits of loans where fraud is 
     suspected.
       (2) Each multilateral development bank should establish 
     effective procedures for the receipt, retention, and 
     treatment of--
       (A) complaints received by the bank regarding fraud, 
     accounting, mismanagement, internal accounting controls, or 
     auditing matters; and
       (B) the confidential, anonymous submission, particularly by 
     employees of the bank, of concerns regarding fraud, 
     accounting, mismanagement, internal accounting controls, or 
     auditing matters.
       (b) 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) Widely circulating Inspection Panel position vacancy 
     announcements on the Inspection Panel's website and in 
     appropriate publications;
       (2) Notifying civil society organizations on the Inspection 
     Panel's website and on other appropriate World Bank websites 
     and inviting nominations from such groups;
       (3) Making public the schedule of the selection process;
       (4) Posting the list of nominees and applicants on the 
     Inspection Panel's website; and
       (5) Including a civil society representative on the World 
     Bank selection committee for the Inspection Panel member.
       (c) Anti-Corruption Trust Pilot Program.--
       (1) Authority.--The Secretary of the Treasury shall seek 
     the creation of a pilot program that establishes an Anti-
     Corruption Trust at the World Bank, the purposes of which 
     should include--
       (A) to assist poor countries in investigations and 
     prosecutions of fraud and corruption related to loans, 
     grants, or credits of the World Bank; and
       (B) to determine whether such a program should be carried 
     out at other multilateral development banks.
       (2) Poor countries defined.--In this subsection, the term 
     ``poor countries'' means countries eligible to borrow from 
     the International Development Association.
       (3) Report.--Not later than 180 days after enactment of 
     this Act, the Secretary shall submit to the appropriate 
     congressional committees a report detailing the actions taken 
     to establish the Anti-Corruption Trust.
       (c) 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. 693. 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.''.


                            MATERIAL SUPPORT

RELIEF FOR IRAQI, MONTAGNARDS, HMONG AND OTHER REFUGEES WHO DO NOT POSE 
                     A THREAT TO THE UNITED STATES

       Sec. 694. (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--
       (A) removal proceedings instituted before, on, or after the 
     date of enactment of this section; and
       (B) acts and conditions constituting a ground for 
     inadmissibility, excludability, deportation, or removal 
     occurring or existing before, on, or after such date.


                           CLUSTER MUNITIONS

       Sec. 695. 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.


                                  CUBA

       Sec. 696. (a) Subject to subsection (b), of the funds 
     appropriated by this Act under the heading ``International 
     Narcotics Control and Law Enforcement'', $1,000,000 shall be 
     made available for preliminary work by the Department of 
     State, or such other entity as the Secretary of State may 
     designate, to establish cooperation with appropriate agencies 
     of the Government of Cuba on counter-narcotics matters, 
     including matters relating to cooperation, coordination, and 
     mutual assistance in the interdiction of illicit drugs being 
     transported through Cuba airspace or over Cuba waters.
       (b) The amount in subsection (a) shall not be available if 
     the Secretary certifies to the Committees on Appropriations 
     that--
       (1) Cuba does not have in place appropriate procedures to 
     protect against the loss of innocent life in the air and on 
     the ground in connection with the interdiction of illegal 
     drugs; and
       (2) there is credible evidence of involvement of the 
     Government of Cuba in drug trafficking during the preceeding 
     10 years.


                                 LIBYA

       Sec. 697. (a) None of the funds appropriated by this Act 
     may be made available for--
       (1) construction of a new United States embassy in Libya;
       (2) activities in Libya related to energy development; or
       (3) activities in Libya which support investment in Libya's 
     hydrocarbon sector, including the processing of applications 
     for dual-use export licenses.
       (b) The prohibitions in 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 their 
     agreed upon settlement amounts, and is engaging in good faith 
     settlement discussions regarding other relevant terrorism 
     cases.
       (c) Not later than 90 days after enactment of this Act and 
     90 days thereafter, 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.


            CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS

       Sec. 698. 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.''.


                        global fund contribution

                    (including rescission of funds)

       Sec. 699. (a) The amount appropriated or otherwise made 
     available by title III for bilateral assistance for Global 
     Health Programs is hereby increased by $40,000,000.
       (b) The amount appropriated or otherwise made available for 
     such purpose and available for a United States contribution 
     to the Global Fund to Fight AIDS, Tuberculosis, and Malaria 
     is hereby increased by $40,000,000.
       (c) Of the unobligated balances of amounts appropriated or 
     otherwise made available in prior appropriations Acts under 
     the heading ``Economic Support Fund'', $40,000,000 is 
     rescinded.


                               REFERENCES

       Sec. 699A. Except as otherwise provided, any reference in 
     titles II through V, including the general provisions for 
     such titles, to ``this Act'' shall be deemed to be a 
     reference to titles II through V of the Department of State, 
     Foreign Operations, and Related Programs Appropriations Act, 
     2008.


     SUPPORT FOR DEMOCRACY, THE RULE OF LAW, AND GOVERNANCE IN IRAN

       Sec. 699B. Of the amount appropriated or otherwise made 
     available by title III for other bilateral economic 
     assistance under the heading ``economic support fund'', 
     $75,000,000 shall be made available for programs of the 
     Bureau of Near Eastern Affairs of the Department of State to 
     support democracy, the rule of law, and governance in Iran.


 REMOVAL OF CERTAIN RESTRICTIVE ELIGIBILITY REQUIREMENTS APPLICABLE TO 
                 FOREIGN NONGOVERNMENTAL ORGANIZATIONS

       Sec. 699C. Notwithstanding any other provision of law, 
     regulation, or policy, in determining eligibility for 
     assistance authorized under part I of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151 et seq.), foreign nongovernmental 
     organizations shall not be ineligible for such assistance 
     solely on the basis of health or medical services, including 
     counseling and referral services, provided by such 
     organizations with non-United States Government funds if such 
     services do not violate the laws of the country in which they 
     are being provided and would not violate United States 
     Federal law if provided in the United States, and shall not 
     be subject to requirements relating to the use of non-United 
     States Government funds for advocacy and lobbying activities 
     other than those that apply to United States nongovernmental 
     organizations receiving assistance under part I of such Act.
       Sec. 699D. 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).


                     ADDITIONAL PEACE CORPS FUNDING

       Sec. 699E. (a) The amount appropriated or otherwise made 
     available by title III under the heading ``peace corps'' is 
     hereby increased by $10,000,000.
       (b) The amount appropriated or otherwise made available by 
     title IV under the heading ``foreign military financing 
     program'' is hereby reduced by $10,000,000.


                           RIGHT TO BEAR ARMS

       Sec. 699F. None of the funds made available under this Act 
     may be made available to any international organization, 
     agency, or entity (including the United Nations) that 
     requires the registration of or taxes a gun owned by a 
     citizen of the United States.


         TRANSPARENCY AND ACCOUNTABILITY OF THE UNITED NATIONS

       Sec. 699G. (a) Notwithstanding any other provision of this 
     Act, none of the funds appropriated or otherwise made 
     available by this Act may be used by the Department of State 
     as a contribution to the United Nations or any subsidiary 
     body of the United Nations, including any organization that 
     is authorized to use the United Nations logo, until the 
     Secretary of State certifies that the United Nations, such 
     subsidiary body of the United Nations, or such organization, 
     as the case may be, is fully and publicly transparent about 
     all of its spending, including for procurement purposes, that 
     occurred during fiscal year 2007, including the posting on a 
     publicly available web site of--
       (1) copies of all contracts, grants, subcontracts, and 
     subgrants awarded or utilized during fiscal year 2007;
       (2) copies of all program reviews, audits, budgets, and 
     project progress reports relating to fiscal year 2007; and
       (3) any other financial information deemed necessary by the 
     Secretary.
       (b) The documents required to be made available under 
     subsection (a) shall be in unredacted form, except that such 
     information as determined necessary by the Secretary to 
     protect the identity of whistleblowers or other informants to 
     investigations and reports and proprietary information may be 
     redacted.


WITHHOLDING OF UNITED STATES CONTRIBUTIONS TO THE UNITED NATIONS HUMAN 
                             RIGHTS COUNCIL

       Sec. 699H. (a)(1) No funds appropriated or otherwise made 
     available by this Act for contributions to international 
     organizations may be made available to support the United 
     Nations Human Rights Council.
       (2) The prohibition under paragraph (1) shall not apply 
     if--
       (A) the President determines and certifies to the Committee 
     on Foreign Relations and the Committee on Appropriations of 
     the Senate and the Committee on Foreign Affairs and the 
     Committee on Appropriations of the House of Representatives 
     that the provision of funds to support the United Nations 
     Human Rights Council is in the national interest of the 
     United States; or
       (B) the United States is a member of the Human Rights 
     Council.
       Sec. 699I. Study of World Bank's Efforts To Measure the 
     Success of the Projects It Finances. (a) Sense of Congress.--
     It is the sense of Congress that the World Bank should 
     increase its focus on performance requirements and measurable 
     results.
       (b) Study.--The Comptroller General of the United States 
     should conduct a study on the actions taken by the World Bank 
     to--
       (1) measure the success of the projects financed by IDA;
       (2) employ accurate means to measure the effectiveness of 
     projects financed by IDA;
       (3) combat corruption in governments that receive IDA 
     funding;
       (4) establish clear objectives for IDA projects and 
     tangible means of assessing the success of such projects; and
       (5) use World Bank processes and procedures for procurement 
     of goods and services on projects receiving financial 
     assistance from the World Bank.
       Sec. 669J. Sense of the Senate Regarding Iraq Refugee 
     Crisis. (a) Findings.--Congress makes the following findings:
       (1) The annual United States worldwide ceiling for refugees 
     has been 70,000 since 2002.
       (2) The Department of State has yet to use all of the 
     available allocation that could be used for Iraqi refugees.
       (3) Since 2003, more than 2,000,000 Iraqis have fled their 
     country and over 2,000,000 Iraqis are also displaced within 
     Iraq.
       (4) It has become increasingly clear that people who have 
     assisted the United States, Iraqi Christians and other 
     religious minorities cannot safely return to Iraq.
       (5) The United States Government has an obligation to help 
     these refugees and should act swiftly to do so.
       (6) The United States Government should increase the 
     allocation of refugee slots for Iraqi refugees for 
     resettlement in the United States.
       (b) Sense of the Senate.--It is the sense of the Senate 
     that the President should act swiftly to respond to the 
     deepening humanitarian and refugee crisis in Iraq by using 
     the entire United States refugee allocation for the Near 
     East/South Asia region and any unused portion of the 
     worldwide allocation for Iraqi refugees, particularly people 
     who have assisted the United States and religious minorities.


                OVERSEAS PRIVATE INVESTMENT CORPORATION

       Sec. 699K. (a) The amount appropriated or otherwise made 
     available by title II for the Overseas Private Investment 
     Corporation under the heading ``program account'' is hereby 
     increased by $8,000,000.
       (b) The amount appropriated or otherwise made available by 
     title V for ``contribution to the international development 
     association'' is hereby reduced by $8,000,000.


                UNITED STATES-EGYPT FRIENDSHIP ENDOWMENT

       Sec. 699L. Of the funds appropriated by this Act and prior 
     Acts making appropriations for foreign operations, export 
     financing, and related programs under the heading ``Economic 
     Support Fund'' that are available for assistance for Egypt, 
     up to $500,000,000 may be made available for an endowment to 
     further social, economic and political reforms in Egypt: 
     Provided, That the Secretary of State shall consult with the 
     Committees on Appropriations on the establishment of such an 
     endowment and appropriate benchmarks for the uses of these 
     funds.


                                  IRAQ

       Sec. 699M. (a) None of the funds appropriated or otherwise 
     made available by this Act may be made available for 
     assistance for Iraq.
       (b) Not later than 30 days after enactment of this Act the 
     Secretary of State shall submit a report to the Committees on 
     Appropriations detailing the extent to which the Government 
     of Iraq is committed to combating corruption in Iraq and the 
     specific actions and achievements of the Government of Iraq 
     in combating corruption, to include a list of those senior 
     Iraqi leaders who have been credibly alleged to be engaged in 
     corrupt practices and activities.
       (c) Notwithstanding any other provision of law, policy, or 
     regulation, none of the funds made available in this Act or 
     any other Act making appropriations for foreign operations, 
     export financing, and related programs may be made available 
     for assistance for Iraq unless the Secretary of State, in 
     consultation with the Secretary of Defense, certifies to the 
     Committees on Appropriations that the Departments of State 
     and Defense are providing the Committees on Appropriations, 
     including relevant staff, regular, full and unfettered access 
     to programs in Iraq for the purposes of conducting oversight.
       (d) Subsections (a) and (c) shall not apply to the ninth 
     and thirteenth provisos under the heading ``Economic Support 
     Fund'' in this Act.


                            anti-kleptocracy

       Sec. 699N. (a) In furtherance of the National Strategy to 
     Internationalize Efforts Against Kleptocracy and Presidential 
     Proclamation 7750, not later than 90 days after the date of 
     enactment of this Act the Secretary of State shall send to 
     the appropriate congressional committees a list of officials 
     of the governments of Angola, Burma, Cambodia, Equatorial 
     Guinea, Democratic Republic of the Congo, and the Republic of 
     the Congo, and their immediate family members, who the 
     Secretary has credible evidence to believe have been involved 
     in corruption relating to the extraction of natural resources 
     in their countries.
       (b) Not later than 10 days after the list described in 
     subsection (a) is submitted to the appropriate congressional 
     committees, the following sanctions shall apply:
       (1) Any individual on the list submitted under subsection 
     (a) shall be ineligible for a visa to enter the United 
     States.
       (2) No property or interest in property belonging to an 
     individual on the list submitted under subsection (a), or to 
     a member of the immediate family of such individual if the 
     property is effectively under the control of such individual, 
     may be transferred, paid, exported, withdrawn, or otherwise 
     dealt with, if the property is within the United States or 
     within the possession or control of a United States person, 
     including the overseas branch of such person, or after the 
     date of the enactment of this Act comes within the control of 
     such person.
       (3) No United States person may engage in financial 
     transactions with an individual on the list submitted under 
     subsection (a), or with a member of the immediate family of 
     such individual if the transaction will benefit an individual 
     on the list submitted under subsection (a).


                                 uganda

       Sec. 699O. (a) Not later than 90 days after enactment of 
     this Act, the Secretary of State shall submit a report to the 
     Committees on Appropriations detailing a strategy for 
     substantially enhancing United States efforts to resolve the 
     conflict between the Lord's Resistance Army (LRA) and the 
     Government of Uganda (GOU), including--
       (1) direct and sustained participation by the United States 
     in confidence-building measures in furtherance of the peace 
     process;
       (2) increased diplomatic pressure on the Democratic 
     Republic of the Congo (to eliminate the LRA's current safe 
     haven) and on Sudan;
       (3) brokering direct negotiations between the GOU and the 
     leaders of the LRA on personal security arrangements; and
       (4) financial support for disarmament, demobilization, and 
     reintegration to provide mid-level LRA commanders incentives 
     to return to civilian life.
       (b) Of the funds appropriated by this Act under the heading 
     ``Economic Support Fund'', not less than $5,000,000 shall be 
     made available to implement the strategy described in 
     subsection (a).


        COMPREHENSIVE NUCLEAR THREAT REDUCTION AND SECURITY PLAN

       Sec. 699P. (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;
       (2) for working with other countries to ensure adequate 
     accounting and security for such materials on an ongoing 
     basis thereafter; and
       (3) for making security improvements to ensure, to the 
     maximum extent feasible, that the existing United States 
     nuclear weapons stockpile and weapons-usable material be 
     protected from the threats terrorists have shown they can 
     pose.
       (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;
       (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;
       (7) describe the steps required to overcome impediments 
     that have been identified; and
       (8) describe global efforts to promulgate best practices 
     for securing nuclear materials.
       (c) Sense of the Senate.--The Administration shall not sign 
     any agreement with the Russian Federation on low enriched 
     uranium that does not include a requirement that a portion of 
     the low enriched uranium be derived from highly enriched 
     uranium.


                RULE OF LAW AND BORDER SECURITY IN EGYPT

       Sec. 699Q. (a) The Senate makes the following findings:
       (1) Fighting in Gaza during the summer of 2007 demonstrated 
     that the terrorist organization Hamas, which unlawfully 
     seized control over Gaza in June 2007, has been able to 
     achieve a dramatic increase in the quantity and 
     sophistication of arms at its disposal.
       (2) Without these arms, the terrorist organization would 
     not have been able to seize control over the Gaza territory.
       (3) There is substantial evidence that a significant 
     proportion of these arms were smuggled across the border 
     between Gaza and Egypt.
       (4) The Egyptian military is a capable force, made possible 
     in substantial part by a close relationship with the United 
     States.
       (5) Concurrent with the escalation of dangerous arms 
     smuggling across the border between Egypt and Gaza has been a 
     retrogression in the rule of law in Egypt.
       (6) This loss of hard-earned ground has been characterized 
     by reports of harsh reaction by the Government of Egypt to 
     dissent, including the jailing of political opponents.
       (7) The United States has provided aid to Egypt in excess 
     of $28,000,000,000 over the past three decades.
       (b) The Senate--
       (1) reaffirms its long-standing friendship with the people 
     of Egypt;
       (2) believes that our friendship with Egypt requires the 
     Senate to address such vital policy concerns;
       (3) urges the Government of Egypt to make concrete and 
     measurable progress on restoring the rule of law, including 
     improving the independence of the judiciary and improving 
     criminal procedures and due process rights and halting the 
     cross-border flow of arms to Gaza;
       (4) believes it is the best interest of Egypt, the region, 
     and the United States that Egypt takes prompt action to 
     demonstrate progress on these matters; and
       (5) urges the Department of State to work vigorously and 
     expeditiously with the Government of Egypt and the Government 
     of Israel to bring the border between Egypt and Gaza border 
     under effective control.
       This Act may be cited as the ``Department of State, Foreign 
     Operations, and Related Programs Appropriations Act, 2008''.


                       Motion Offered by Mr. Obey

  Mr. OBEY. Mr. Speaker, pursuant to House Resolution 878, I have a 
motion at the desk.
  The SPEAKER pro tempore. The Clerk will designate the motion.
  The text of the motion is as follows:

       Mr. Obey moves that the House concur in the amendment of 
     the Senate with the amendments printed in House Report 110-
     497.

             Amendment to the Senate Amendment to H.R. 2764

       Page 1 of the amendment of the Senate, strike line 1 and 
     all that follows through page 227, line 2, 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 ``SEC. 594. OHIO.'' and 
     inserting in lieu thereof ``SEC. 594. OHIO AND NORTH 
     DAKOTA.'' 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 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, 2008.''.
 officer


       (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, 2008.''.
 officer


       (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 explanatory 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 DISASTER

     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.
       This division may be cited as the ``Legislative Branch 
     Appropriations Act, 2008.''
       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).

  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; and 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 rescission)

       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''.

             Amendment to the Senate Amendment to H.R. 2764

       Page 227 of the amendment of the Senate, strike lines 3 
     through 5 and insert the following (and conform any table of 
     contents accordingly):

    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''.
  The SPEAKER pro tempore. Pursuant to House Resolution 878, the 
gentleman from Wisconsin (Mr. Obey) and the gentleman from California 
(Mr. Lewis) each will control 30 minutes.
  The Chair recognizes the gentleman from Wisconsin.


                             General Leave

  Mr. OBEY. Mr. Speaker, I ask unanimous consent that Members may have 
5 legislative days in which to revise and extend their remarks on the 
pending legislation.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. OBEY. Mr. Speaker, I yield myself 2 minutes.
  Mr. Speaker, I think people know what this bill is all about and, at 
this point, I don't have any intention of talking more about it, unless 
provoked.
  But let me simply take this time to bring to the House's attention 
the fact that Frank Cushing, who is a 23-year Hill veteran, is leaving 
the Congress at the end of this term. Frank has served as the staff 
director for the Republican majority, and now also for the Republican 
minority. He's also, in the past, served the House as the chief clerk 
of the VA/HUD Appropriations Subcommittee.
  And I know I should not say it in this body, but he also served 
numerous positions in the Senate, including staff director for both the 
majority and minority of the Committee on Energy and Natural Resources 
and clerk of the Interior Appropriations Subcommittee.
  I think that the House owes Frank a debt of gratitude for the work 
that he's done through the years. I think the country owes Frank a debt 
of gratitude. He's a fine public servant. I hate to see him go, and I'm 
sure that that sentiment is shared in spades by the gentleman from 
California and the other side of the aisle. So I want to extend my best 
wishes to Frank.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, let me begin by expressing my 
appreciation to Mr. Obey for recognizing the fabulous work of Frank 
Cushing. We expect we'll do more of this as we go forward in the 
several days ahead of us, but in the meantime, his thoughtfulness is 
very much appreciated by all of us on this side who have worked so 
closely with Frank on the appropriations process.
  It's not my intention to speak extensively on this matter. There are 
some things that do need to be said. But, nonetheless, all of us know 
in 7 days it will be Christmas Eve. Tonight I find myself more hopeful 
than just a few days ago that we will be home, if we choose, by 
Christmas.
  Tonight the House is considering a massive year-end omnibus spending 
package. I must confess that while I know the broad parameters of 
what's included in this package, the details are still not widely 
known. I'm told that it adheres to the President's top line on 
spending, which is encouraging and, obviously, a step in the right 
direction.
  I am pleased that, though, through the weekend negotiations Chairman 
Obey and other leaders have agreed to drop provisions that would have 
triggered a Presidential veto. Still, I'm troubled by the fact that 
these two amendments before us fail to provide any funding to our men 
and women in uniform in Iraq; yet I remain hopeful that this oversight 
will soon be addressed by the other body.
  It's unfortunate that we find ourselves considering an omnibus 
package at all for it represents to, I think, both the chairman and 
myself a breakdown of regular order. I do not blame Chairman Obey for 
this breakdown.
  This year the House passed each of the spending bills in an orderly 
fashion. And while I believe that these bills spent too much money, the 
House Appropriations Committee kept its word by completing its work. 
The breakdown of regular order, particularly in the other body, is 
largely to blame, once again, on our failure to complete our work on 
time in the regular order of the year.
  Our Congress, our country are best served when we move our individual 
bills through the legislative process. It is the only way that we can 
provide adequate oversight, both policy and spending, that is. That 
challenge was particularly acute this year with a Democratic majority 
writing and passing spending bills that initially exceeded the 
President's budget by some $23 billion. The President has been very 
clear all year long that he would veto any spending bill that exceeded 
his budget request. All told, the House spending bills, as passed last 
summer, dramatically exceeded the President's budget request, and yet, 
for months, the Democratic majority chose to dismiss or ignore the 
President's clear intent.
  We are now 78 days into the new fiscal year, and it appears that 
after months of work by our exhausted committee staff, we are on the 
verge of having a spending package the President may be able to sign. I 
say may be able to sign because this package, lacking adequate funding 
for our troops, is still incomplete. For this reason, I'm not able to 
endorse legislation as presently written. I cannot and will not support 
a spending package that fails to provide for the needs of our troops in 
harm's way in Iraq and Afghanistan. Where the House has failed to act, 
I'm hopeful that the Senate will demonstrate its leadership. It is 
absolutely essential that the Senate support our troops with no strings 
attached.
  Before closing, Mr. Speaker, let me take a moment to express my 
appreciation to all of our staff. As David has expressed, the fabulous 
work by Frank Cushing, he's been supported on our side, as David has on 
his side, by very hardworking, very fine people who have been working 
day in, day out, night and day over the weekends. They have prepared 
this legislation as best their side would allow them, and our side as 
well. Many of our staff have not yet put a Christmas tree up and even 
begun to prepare for the holidays because of the work of the committee. 
Let me say to each of you, I thank you, thank you for your fine work. 
All of our professional staff has worked together as a team on both 
sides.
  Again, I remain hopeful that the Senate will amend this spending 
package and quickly return it for our consideration. Until then, I must 
reluctantly urge my colleagues, I'd include in that even committee 
members on both sides of the aisle, I encourage our colleagues to 
oppose this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield 1 minute to the distinguished majority 
leader, Mr. Hoyer.
  Mr. HOYER. Mr. Speaker, this legislation that is before us will fund 
our government this calendar year. That was not done last year. Would 
that it had been done sooner. Would that it had addressed the 
priorities that we believe the American public supported strongly in 
November of last year. Would that we were investing the appropriate 
amounts in education, in health care, in the environment and community 
health centers and NIH basic biomedical research. Would that we funded 
them at reasonable levels.
  The President indicated that he was going to veto, as Mr. Lewis said, 
a bill that was not at his figures. I have observed that this President 
believes that his budget was sent down on tablets, not on paper. I 
think that's unfortunate.
  The Constitution of the United States, of course, gives to the 
Congress of the United States sole authority to set policies for the 
United States. In fact, our Founding Fathers never contemplated the 
budget autonomy that this administration has sought for itself.
  However, having said that, as Mr. Obey, our chairman has said, 
rightfully, the votes are what they are. The necessity to come to 
compromise in a democracy is inescapable if, in fact, both sides can 
create stalemate. In this instance both sides could create stalemate. 
That is not, however, the objective of our side. We believe that we 
ought to, and have a responsibility to, fund our government. This bill 
does that. This bill does that after having passed all 12 of our 
appropriation bills prior to the August recess. Unfortunately, we find 
ourselves at this late date, however, not having completed all of our 
conference reports and having to move forward.
  This bill is a relatively long bill, not the longest bill we will 
have considered in this manner, but a relatively long bill. It looks 
even longer if you only print on one side of the page to make a more 
dramatic presentation.
  Having said that, this bill incorporates all of the bills that passed 
this house. This is not as if these are items of first impression. They 
are bills that we considered in this House and passed with essentially 
overwhelming bipartisan votes.
  I remember when Mr. Lewis' side was in charge of the House and they 
got five or six Democrats to vote for it, it was a bipartisan bill. 
We've averaged 60 votes, if you take out the Legislative bill, on which 
essentially games were being played, and perhaps the Foreign Ops bill. 
You have over 60 average votes on the Republican side.

                              {time}  2130

  This is bipartisan legislation. Ninety-five percent of the bill that 
is presented here has been considered before. I want to congratulate 
Mr. Obey for the work that he's done. I want to congratulate Mr. Lewis 
for the work he's done.
  More specifically, I want to thank the staff. The staff rightfully 
ought to be exhausted. This staff has spent unbelievable amounts of 
time in putting this bill together.
  It is like every bill we pass, not a perfect bill. It is a bill, as 
Mr. Lewis said, that the President has indicated that he might possibly 
sign. That is, after all, the reality in a democratic environment, 
where you have the people, having selected a Democratic House, and as 
one of my friends observed the other day, they elected a third in the 
Senate. Two-thirds of the United States Senate was elected in 2002 and 
2004. Only a third of the Senate was elected in this last election. So 
it may not be as reflective of the will of the American people as this 
House is.
  This House did its business on time. This House passed responsible 
bills. Yes, it was $22 billion over. Mr. Lewis may be surprised to know 
that from 2002 to 2006 he spent more on discretionary spending. I know 
you are going to want to hear this figure: You spent a higher 
percentage of GDP on discretionary spending than these bills do.
  We have invested. We believe the investments included in this bill 
are the minimal that we ought to make, and we're hopeful that Members 
on both sides of the aisle can vote for this bill in a nonpartisan, 
bipartisan fashion. There will be some who vote against these bills 
because essentially they believe we ought not to be investing 
significant sums in education and in health care and public safety. The 
President's budget reflected that philosophy. That is not our 
philosophy. It's not the philosophy, we believe, of the American 
people.
  So, my friends in this House, I would urge as we come to the end of 
this session that we pass this bill. It is not what each and every one 
of us wanted in this bill. There's more perhaps in this bill than some 
want and less than some others want, but it is in the exercise of the 
democratic process the possible. It funds our government, it moves us 
forward, and it is worthy of our support.
  I thank the chairman; and, yes, I thank the ranking member for their 
work, and I urge my colleagues to vote ``yes'' on this omnibus 
appropriation.
  Mr. LEWIS of California. Mr. Speaker, I'm pleased to yield 2 minutes 
to the ranking member of the Financial Services Subcommittee of 
Appropriations, Mr. Regula of Ohio.
  Mr. REGULA. Mr. Speaker, I thank the chairman for yielding.
  I simply want to compliment Chairman Serrano in providing great 
leadership in the financial services area. This is one of the few bills 
that was substantially under the President's request, and in fact, it's 
more than $1 billion under the President's request, which was kind of 
unusual.
  But more importantly, I won't begin to get into all the features of 
the bill, but because of the news in a recent editorial in The Post, we 
note that Mayor Fenty and Chancellor Ray are trying to improve the 
school system of the City of Washington. That's a huge challenge; and 
in this bill, we've tried to give them as much support as possible in 
their effort to improve the opportunities for the young people in the 
Washington, DC, community. This city should be a leader in education.
  Secondly, and there's language in here and I don't know how many of 
you noted in The Post a couple of weeks ago a story indicating that DC 
has the highest HIV/AIDS rate of any major capital in the world. That's 
shameful and should not be, and we've provided language in this bill to 
not only provide help to other countries but to provide help to this 
city to address that problem and a lot of other features which, 
regarding the interests of time, I won't get into.
  As ranking member of the Financial Services and General Government 
Subcommittee, I would like to thank Chairman Serrano for creating such 
a fair and open environment in composing the Financial Services and 
General Government portion of this bill. Chairman Serrano has provided 
great leadership, knowledge, and an inclusive spirit while shepherding 
this bill through. Additionally, my colleagues on the subcommittee have 
provided valuable insight to the final product before us today. Lastly, 
but equally as important, I would like to recognize the hard work, 
dedication and expertise of the subcommittee staff on both sides of the 
aisle without which none of this would be possible.
  The Financial Services and General Government Appropriations Bill 
allocates $20.6 billion in discretionary budget authority. By taking 
into consideration the priorities of the President and the Members of 
the House and Senate, we have produced a bill that meets the needs of 
Americans, and the operations of our government while staying $1.1 
billion below the President's budget request and approximately $800 
million below the House request. I appreciate the efforts of our 
counterparts in the Senate in helping us put forth this compromise.
  Although the subcommittee's allocation is below the President's 
request, it is still a significant increase from fiscal year 2007 and 
contains more than adequate funds for the 32 agencies in this bill to 
fulfill their missions. The bill provides funding for a diverse number 
of agencies that affect the lives of all Americans. The agencies funded 
in this bill regulate the financial and telecommunications industries, 
collect taxes and provide taxpayer assistance, protect consumers from 
harmful products, lend a helping hand to small businesses and 
disadvantaged communities by providing them with capital, support the 
operations of the White House and Federal Judiciary, provide Federal 
payments to the District of Columbia, operate and maintain Federal 
buildings, manage our Federal workforce, which is expected to 
experience tremendous attrition rates over the next 10 years, assists 
in the administration of Federal elections and protects consumers and 
investors from fraudulent practices.
  At this time I would like to highlight several items of importance to 
me.
  I am particularly pleased at the $97 million for Small Business 
Development Centers, an increase of nearly $10 million. The Small 
Business Development Centers account is the Small Business 
Administration's primary method of providing management assistance to 
small businesses. In my State of Ohio we have over 889,000 small 
businesses, and every dollar invested in the OHIO SBDC network 
leverages at least $2. This program is vital to the life of small 
business.
  I am also encouraged to see $1.1 million for Treasury's Office of 
Financial Education, an increase of approximately $400,000 over the 
President's request. The increase is targeted toward improving the 
National Strategy for Financial Literacy and expanding efforts at 
financial literacy in elementary schools and high schools. Financial 
literacy is a very important life skill, and I look forward to working 
with the chairman to further develop this initiative to ensure maximum 
programmatic impact.
  Additionally, the bill increases essential funding for the Internal 
Revenue Service to close the nearly $300 billion tax gap. Closing the 
tax gap is critical as most Americans do not mind paying their fair 
share of taxes as long as they know others are doing the same. 
Furthermore, $3.6 billion is set aside for taxpayer support services 
activities aimed at tax return preparation, the IRS National Taxpayer 
Advocate and IRS outreach and education efforts to serve taxpayers by 
helping them understand their tax obligations before they file. These 
activities have been steadily reduced in recent years and are in need 
of a boost.
  Last, but not least, I am supportive of the funding appropriated in 
the bill to improve education in the District of Columbia. We are in a 
unique position to help the new Chancellor and Mayor provide a better 
future for the children of Washington. The children in Washington, DC, 
have been at a disadvantage for many years, and I look forward to 
working with the Mayor to enhance the school system to give the 
children of DC a chance to succeed.
  Also, the bill contains language regarding HIV/AIDS in DC. One in 
every 20 city residents in Washington, DC, is thought to have HIV, and 
one in every 50 has AIDS; these rates are higher than those in many 
poorer countries. I find this astonishing and disheartening. I look 
forward to working with my colleagues, the Mayor, and the 
administration to address this serious problem.
  Chairman Serrano has done a fair job in allocating funds to the 
various agencies within the bill. However, I do have a couple of 
spending concerns, which I would like to outline.
  Primarily, I am concerned about $125 million added to this bill in 
unrequested funding for election assistance grants. This program has 
not been authorized to receive funding in 2008, and there still remains 
a large carryover balance, which leads me to believe this money cannot 
be used effectively before the 2008 elections.
  I am also concerned about the elimination of funding for the 
Department of Homeland Security to begin planning their new 
headquarters building. This funding is critical to begin relocating DHS 
employees who are currently spread out all across Washington, DC, under 
one roof.
  Lastly, I am pleased to note that all of the contentious policy 
riders have been eliminated from the bill. Therefore, I strongly 
support the Financial Services and General Government section of this 
bill.
  Mr. OBEY. Mr. Speaker, I have no speakers at this time.
  Mr. LEWIS of California. Mr. Speaker, can you tell us how much time 
there is on each side.
  The SPEAKER pro tempore. The gentleman from California has 23 minutes 
remaining. The gentleman from Wisconsin has 27 minutes remaining.
  Mr. LEWIS of California. Mr. Speaker, I'm pleased to yield 2 minutes 
to my colleague, the gentleman from Wisconsin (Mr. Ryan).
  Mr. RYAN of Wisconsin. I thank the gentleman for yielding.
  First, I'd like to associate myself with the chairman's comments in 
recognizing Frank Cushing and his accomplishments and wishing him well 
in his retirement.
  Mr. Speaker, this is a bill that's 3,565 pages. Yes, I'm seeing that 
it was printed on one side, but this is the bill that was handed to us 
by the majority staff in the Rules Committee. It's their bill. They 
printed it for us, 34.4 pounds.
  This bill has, we think, 9,200 earmarks in it. We believe hundreds of 
these earmarks were air-dropped, never seen before in the House, never 
seen before in the Senate, brand new, just delivered right here on this 
House floor. We received this bill today. We'll be voting on this bill 
in about 10 minutes.
  This bill takes $10 million from border security to commit $10 
million of taxpayer funds to hire defense attorneys for illegal 
immigrants. We don't know exactly how they do that, but that's in here.
  The point is, Mr. Speaker, this is a bad day for this House. This is 
a bad day for the fiscal policy of this country. We are about to vote 
on a bill that commits about $515 billion in spending, 3,500 pages 
long, 9,200 earmarks, many we've never seen before; and we're going to 
vote on this in about 10 minutes, and we'll have had less than 1-hour 
debate on the entire measure.
  This is no way to run a railroad, Mr. Speaker, and sadly, it has been 
run like this in the past. The new day we were promised with the new 
majority, in fact, is not a new day. Unfortunately, it's like days of 
old.
  I'm very pleased that the number did not go up to where the majority 
wanted it to go, an extra $23 billion, which would have brought another 
$196 billion of deficit spending into the budget. Thankfully we're at 
that lower number; but when you look at this process, when you look at 
what's in this bill, as we are just getting through this bill, this 
bill should be defeated; and I urge a ``no'' vote on this legislation.
  Mr. OBEY. Mr. Speaker, I yield myself 3 minutes.
  The last people I will take any lectures from on earmarking are my 
colleagues on the other side of the aisle. The last time I chaired the 
Labor-Health-Education appropriation bill, there were no earmarks. In 
the last year of the Republican regime, there were over 3,000. Earmarks 
exploded under their rule.
  Two years ago, there were $16 billion in earmarks. The bill that we 
bring tonight contains a 43 percent reduction in that amount. In July, 
I offered this House an opportunity to strip all earmarks from the 
bill. We got exactly one Republican vote out of five in support of that 
motion. We got 45 Republican votes for that motion, less than 22 
percent.
  Last week, I suggested again that all earmarks be removed. I was run 
over by a majority of both caucuses.
  Let me also point out that if the gentleman is complaining about so-
called air-drops in projects, of course there are projects that were 
air-dropped. There were two appropriation bills that left the House 
that had no earmarks because they were the first ones out of the box, 
and we were trying to stay on schedule. Every Member in the House 
except the most obtuse knew that those earmarks would have to be added 
in the Senate, and they were, in the Homeland Security bill and in the 
Military Construction bill.
  As far as the Labor-Health Subcommittee is concerned, the earmarks 
that were added there are only the earmarks that were added from 
Members who were not in the House at the time that the House bill 
passed. Those districts are entitled to representation, too, and those 
Members are entitled to be treated with consideration, just as every 
other Member of the House is.
  So with all due respect, one last point: the gentleman complains, 
again, about the fact that we are passing an omnibus appropriation bill 
containing hundreds of pages and billions of dollars. I will hold that 
in this hand. I'm holding in my right hand all of the pages from the 
domestic budget that the Republican Congress passed when they were in 
power. You know how many pages there were? None, because they never got 
the job done on a single appropriation bill.
  So if I have to choose between getting our work done in an omnibus 
bill like this or doing nothing and turning your job over to the next 
Congress, pardon me, it may not be elegant, but I'll take the product 
that chose the work.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Texas (Mr. Hensarling).
  Mr. HENSARLING. I thank the distinguished ranking member for 
yielding.
  There are so many different reasons, Mr. Speaker, that we should 
oppose this massive omnibus spending bill, not the least of which is 
the process. The process can lead to bad results.
  When the Speaker, Speaker Pelosi, was the minority leader, she said 
this was a terrible process. In fact, I quote: ``The Republican 
leadership forced through a so-called `martial law' rule that required 
a same-day vote, preventing Members of Congress from having enough time 
to read legislation that spent hundreds of billions of dollars and was 
thousands of pages long. This arrogance of power is part of a pattern 
of abuse.''
  Now, that's what the Speaker thought when somebody else was in 
control; but now that her party is in control, I guess it's perfectly 
appropriate to present a 3,565-page bill on the very same day, of which 
I'm told 692 pages are devoted to earmarks, and for us to spend 
approximately 60 minutes debating $515 billion. If I did the back-of-
the-envelope math properly, we're debating $9.1 billion of the people's 
money each minute.
  Where's the transparency here, Mr. Speaker? Where's the 
accountability? And this is a bill that still grows government at twice 
the rate of inflation. There's not one Member of this body who knows 
what is in this bill, and I'd include the distinguished chairman of the 
Appropriations Committee. It defies logic that any one Member of this 
body knows what's in the bill. It should be rejected on that alone.
  But, Mr. Speaker, ultimately this bill puts us on a path to double 
taxes on the next generation, and don't take my word for it. Listen to 
the director of the Congressional Budget Office appointed by the 
Democrat majority. Listen to the Comptroller General. They all say the 
same thing. Reject this monstrosity.
  Mr. OBEY. Mr. Speaker, I yield myself 1 minute.
  The gentleman complains that we're spending 60 minutes debating the 
contents of this bill tonight. Mr. Speaker, do you know how many 
minutes we spent debating the contents of the domestic appropriation 
bill conference reports in the last session of Congress when the 
Republicans controlled? Zero, because they produced zero legislation.

                              {time}  2145

  They left their dirty work to us, so we had to do twice the work this 
year because they didn't do any of it on the domestic side of the 
ledger last year. So 60 minutes may not be a lot to debate, but it's a 
whole lot more than zero.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Connecticut (Mr. Shays), the ranking member of the 
Budget Committee.
  Mr. SHAYS. I thank the gentleman for yielding.
  Mr. Speaker, 10 bills into one omnibus bill divided into two parts: 
fund the government, nonmilitary; fund Afghanistan.
  What about Iraq?
  2007 has been a remarkably positive year for our troops in Iraq, for 
the Iraqi Government, for the Iraqi people. But too many in this 
Congress are reluctant to acknowledge the success. The training of 
Iraqi military, police, border patrol is finally beginning to pay off. 
The surge is working. The tribal leaders are siding with us, not al 
Qaeda. So what about Iraq? And what about our troops in Iraq? We can 
fund our troops in Afghanistan but we can't fund our troops in Iraq?
  Our troops in Iraq deserve better. They have overcome one obstacle 
after another. Unlike last year, we are winning in Iraq. We need to 
draw down our troops month by month, but our troops in Iraq deserve to 
be fully funded until then.
  I look forward to the Senate's acting more responsibly than this 
House and giving us a bill that will fund Iraq as well.
  Mr. OBEY. Mr. Speaker, I have no further requests for time, and I 
reserve the balance of my time.
  Mr. LEWIS of California. Mr. Speaker, I yield 2 minutes to the 
gentleman from Arizona (Mr. Flake).
  Mr. FLAKE. Mr. Speaker, I didn't plan to speak on the bill itself. I 
already spoke on the rule. But I have been hearing some of the 
conversation in my office and felt I had to come down.
  The honorable majority leader mentioned that there are things in this 
bill we have seen before. That's not entirely true. There are literally 
hundreds and hundreds of earmarks that we have not seen before. Now, 
some of them are part of the bills that passed without earmarks, MilCon 
or homeland security. But in the case of homeland security, we were 
told we could do that because that's not a bill that is traditionally 
earmarked. It hasn't been.
  Well, it is now. There are more than 100 earmarks there.
  And the gentleman from Wisconsin mentioned that in Labor-HHS, there 
were only earmarks added for new Members who are coming because they 
are entitled to representation.
  I would suggest that nobody is entitled to get earmarks. You're 
entitled here, as a Member of Congress, to exercise oversight in how 
the Federal agencies spend money. It doesn't entitle you to get 
earmarks.
  And, also, on that same point, we have the Energy and Water bill that 
we did consider, and there were hundreds, if not, I think, close to 
1,000 earmarks there. Well, we added 34 more. I will just highlight one 
of them. There's one for the Northwest Regional Planning Commission 
manufacturing conversion for energy efficiency, a $5 million earmark.
  Mr. OBEY. Mr. Speaker, will the gentleman yield?
  Mr. FLAKE. I yield to the gentleman from Wisconsin.
  Mr. OBEY. Mr. Speaker, the Energy and Water Subcommittee didn't add 
36 earmarks. It added 38.
  Mr. FLAKE. I said 34, but I will take your correction. Thank you.
  But, Mr. Speaker, these were earmarks that were added in addition to 
what was there before. They were air-dropped. They are earmarks that we 
haven't seen before that we do not have an opportunity here to strike 
or even debate. I mean, there are some of them that are simply for a 
city. We are told Findlay, Ohio, will get $100,000. For what? Ottawa, 
Ohio, $100,000. For what? We don't know. The City of Santa Clarita, 
California, will get $41,000. For what? We have no idea.
  We simply don't know what's in this bill. How can we be voting on it?
  Mr. LEWIS of California. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  Mr. OBEY. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to express my appreciation for the tremendous 
work done by the entire staff. It's already been mentioned by the 
gentleman from California. I want to publicly express my gratitude to 
the entire staff on both sides of the aisle as well as the associate 
staff and especially Rob Nabors, our staff director on the committee.
  I don't think Members sufficiently appreciate how many nights in a 
row these staff people go without sleep. These people have literally 
been here virtually around the clock for the last 3 days. It's a 
miracle that they don't make some major mistakes.
  I also want to express our special concern tonight for Dixon Butler, 
a staffer who has served the committee very well who underwent some 
very serious surgery yesterday. I think it's safe to say that Members 
on both sides of the aisle are very concerned about him, and we hope 
he'll take all the time he needs to get well.
  I also want to make a few remarks to put this bill in context, 
because it is the major domestic achievement of the Congress for this 
year.
  Last year, Mr. Speaker, in November, the public sent two messages. 
One was that they wanted to end the war in Iraq. The second was that 
they wanted a change in national priorities. We have struggled mightily 
to bring about both, and we have failed for two reasons. Number one, 
because we have not had enough votes in the Senate. The public thinks 
that my party has control of the United States Senate. Unfortunately, 
we merely have custody of it. Under their peculiar rules, they require 
60 percent of the votes to make a major decision. We only have 51 
percent of those votes on our side of the aisle in the Senate.
  The second reason that we have failed to accomplish a good many 
things that we wanted to accomplish is because the President, after the 
election, essentially told the American people, Forget what message you 
thought you were sending. I'm the great decider. We're going to 
continue to do things my way. And that is what he has tried to do.
  The result is that we have passed bills to try to change direction in 
Iraq twice. The President vetoed one of them, and he has blocked action 
on the other one in the United States Senate. He has insisted that we 
spend nearly $200 billion more for Iraq, but he said at the same time 
that we could not afford one-tenth that amount for crucial investments 
here at home.
  We sent appropriation bills containing 70 percent of domestic 
discretionary spending to the President. On a bipartisan basis we sent 
those bills down. We averaged almost 60 Republican votes. He chose the 
veto path instead, and so only the Defense appropriation bill has 
become law.
  He has insisted that he write the top line in the budget. If we did 
that, we would have cut 800 grants from the National Institutes of 
Health. We would have cut access to health care by $600 million. We 
would have cut rural health by 54 percent, vocational education by 50 
percent. We would have eliminated every student aid program except Pell 
Grant and Work-Study. We would have cut the State and local law 
enforcement grants by $1.2 billion. We would have cut deeply into 
renewable energy.
  We sent to him legislation which had very different priorities. He 
vetoed it. Next we asked, Why don't we split the difference? Why don't 
we go halfway to the President and have him come halfway to us? His 
response was, No way.
  So now, as the majority leader has said, we're at the end of the 
road. This is the last chance to produce a set of domestic priorities 
that are different from those the President proposes.
  In my view, this bill is totally inadequate to meet the long-term 
investment needs of the country, but it is a whole lot better than 
would have been the case if we had not waged the fight. Because of that 
fight, this bill will contain $600 million more than the President 
wanted for the National Institutes of Health. It will contain $1 
billion more than the President wanted for community health centers and 
other points of health care access. It will contain $150 million more 
to help rural communities deal with their health problems. It will 
contain $150 million more for the Social Security Administration to 
deal with its disability backlogs. It will contain $800 million more in 
elementary and secondary education than the President wanted. It will 
provide $575 million above the President for vocational education. It 
will provide $1.2 billion more in State and local law enforcement 
assistance than the President wanted. It will provide $1.8 billion more 
for homeland and border security. And it will provide $500 million more 
for renewable energy and energy efficiency.
  And, most importantly, it will provide $3.7 billion more for 
veterans' health care. It seems to me if the President can ask us to 
spend $200 billion more on the war in Iraq, we can spend $3.7 billion 
more to help those who wage the war at great risk to their own health 
and their own lives.
  This bill also contains $7 billion in emergency funding. Eighty-five 
percent of that money has been asked for by the administration. It 
didn't originate here.
  All in all, we have been able to move about $21 billion into a better 
set of priorities than we were presented with when we were presented 
with the President's budget.
  We have heard a lot about all of the shortcomings in process tonight, 
but let me make clear there is one vital difference between what we are 
doing this year and what we did a year ago. Last year under a 
Republican majority, our friends on the other side of the aisle were 
not able to complete action on a single domestic appropriation bill, so 
we were left to deal with that when we took control of this institution 
in January. The difference is that this year we are recognizing that in 
an adult world, win, lose, or draw, we have an obligation to reach some 
final decisions. We have an obligation to compromise and move on. And 
that's what we are trying to do with this legislation. It is a 
responsible thing to do.
  I want to thank every Democrat who supported it. I want to thank 
every Republican who will support it. And I would hope that this can 
finally wrap up the session, reflecting somewhat better than the 
President's budget has what the priority wishes are of the American 
people. I ask for ``aye'' votes on the two amendments.
  Mr. UDALL of Colorado. Mr. Speaker, I am far from enthusiastic about 
voting for this bill, but I will do so despite its shortcomings.
  Ironically, one of the worst shortcomings is that it is too long. It 
rolls into one massive measure provisions from no fewer than 11 regular 
appropriations bills that the House passed earlier this year, creating 
a ``consolidated'' omnibus that was not finished until yesterday and 
that very few if any Members have had a chance to completely review.
  I regret that once again the apparent inability of the Senate to pass 
all but a few appropriations bills has led to this result. This is not 
the way Congress should do its work. That is why I have joined as a 
cosponsor of a resolution, H. Res. 283, that would change the House's 
rules to generally bar consideration of a conference report including 
accounts within the jurisdiction of more than one appropriations 
subcommittee--and, while technically the measure before us is not a 
conference report, I think that it would be better not to proceed in 
the way we are doing today.
  An even greater shortcoming is that this bill fails to provide the 
level of funding I think is needed for some important purposes. This 
results directly from President Bush's insistence that he will veto any 
bill appropriating more money than he has requested for domestic 
purposes and from the blind loyalty of Republican members of Congress, 
both here and in the Senate, who have made clear they will support any 
such veto.
  But, despite these shortcomings, I will vote for the bill because it 
still is better than would have resulted if we had simply rubber-
stamped the President's budget requests and because it includes 
provisions that will directly benefit Colorado and the Nation.
  On a matter of great importance for all Coloradans, and especially 
residents of our Western Slope, the bill retains my amendment barring 
BLM from proceeding with final regulations for a commercial oil shale 
leasing program during fiscal year 2008, plus additional language in 
the explanatory statement that makes clear that the Interior Department 
must provide adequate time for the Governor and the public to provide 
input before any such final regulations are adopted.
  This demonstrates that Congress has listened and will insist that the 
administration move carefully with regard to commercial-scale 
development of oil shale, even though the revisions of the oil shale 
provisions of the 2005 energy policy act approved by the House earlier 
this year are not included in the Senate version of the energy 
legislation that the House will consider later this week. Those 
revisions would have required that BLM issue proposed regulations and 
allow ample time for public comments on them. The language in this 
appropriations measure, which affects only final regulations, is 
consistent with that approach.
  And the bill also provides funding for many things of direct 
immediate benefit to Colorado, including much-needed improvements to 
our transportation infrastructure, the continued acquisition of lands 
in the Beaver Brook watershed for inclusion in the Arapaho-Roosevelt 
National Forest, and work by the Corps of Engineers and the Bureau of 
Reclamation with respect to our vital water supplies.
  Other examples of specific items for use in Colorado include funds 
for child abuse prevention and treatment programs in Golden, for career 
training in the health professions at Aims Community College in 
Greeley, for health information systems at the Avista Adventist 
Hospital in Louisville, for facilities and equipment to be used by 
Children's Hospital in Denver.
  The bill's provisions for the National Park System include funds for 
several Colorado units, including land acquisition at Mesa Verde and 
for construction work at Rocky Mountain National Park. It also makes a 
start toward the Centennial Challenge initiative which has such promise 
for parks in our State and nationally.
  And Colorado and the entire country will benefit because the measure 
includes funds for the vital work of the National Renewable Energy 
Laboratory, NREL, including critical funding for the Energy Systems 
Integration Facility, ESIF.
  ESIF will be a state-of-the-art facility to accelerate research into 
energy systems integration and the key issues of interconnectivity and 
control of resources. The $55 million included in the bill for ESIF 
will enable NREL to begin construction on this needed facility in 
fiscal year 2008, and the $7 million for South-Table Mountain, STM, 
Infrastructure will help with initial construction on this site while 
the $8 million for solar equipment will allow NREL to purchase state-
of-the-art solar equipment for the Solar Energy Research Facility.
  There is also funding for energy-related work at the Colorado School 
of Mines as well as for use in connection with a biodiesel project in 
Costilla County and the sustainable biofuels development center.
  In fact, the bill provides a full $486 million more than President 
Bush requested for investments in solar energy, wind energy, biofuels, 
and energy efficiency--something that I am very glad to support.
  In addition, I am glad that there is funding within NASA's earth 
science account to initiate important climate research missions as well 
as well as an endorsement of language in the House-passed Commerce, 
Justice, Science appropriations report that called for continued 
support for climate sensors already in development. This includes the 
Total Solar Irradiance Sensor, TSIS, which is being built by the 
University of Colorado's Laboratory for Atmospheric and Space Physics.
  However, as chairman of the House Space and Aeronautics Subcommittee, 
I am disappointed that to construct a bill the President would sign, 
the higher funding levels for the National Aeronautics and Space 
Administration, NASA, provided in both the House and Senate bills had 
to be sacrificed. It is clear that Congress recognizes the value of 
NASA's activities in science, aeronautics, and exploration, and I hope 
the President will send Congress a budget request next February that 
would give NASA the resources it needs to carry out its important 
missions.
  As a member of the Armed Services Committee, I want to highlight some 
of the items in the measure that are particularly important for 
Colorado's servicemembers and veterans.
  These include $61.3 million for the parking structure and energy 
plant at Fitzsimmons Veterans Hospital and $7.3 million for a new F-16 
facility at Buckley Air Force Base.
  In addition, the bill will provide $35.1 million for the Pueblo 
Chemical Depot, to be used for construction of on-site chemical 
destruction facilities, with the goal of completing clean-up at the 
facility by 2012.
  And it includes nearly $170 million to support Fort Carson in the 
context of the stationing of two new brigades and the new headquarters 
of the Fourth Infantry Division. This includes $53 million for new 
barracks; $18 million for an addition to Evans Army Hospital and a 
dental clinic; $8.3 million for a Defense Access Road to allow 
personnel and equipment to deploy easily from Peterson Air Force Base; 
$4.9 million for a new indoor range; $72 million for new unit operation 
facilities; and $13.5 million for construction of new facility support 
operations for the 13th Air Support Operations Squadron.
  There is also $24.5 million for an Air and Space Integration Facility 
at Schriever Air Force Base and $15 million to upgrade academic 
facilities at the Air Force Academy.
  Mr. Speaker, I could continue at length but will conclude by simply 
noting that the bill provides much-needed funding to study diseases 
like Alzheimer's, cancer, Parkinson's, and diabetes; to help small 
rural hospitals; and to provide 280,000 more underinsured Americans 
with access to health care. It includes more adequate funding that the 
president requested for education--including special education, after-
school programs and Head Start, Pell grants and other student 
assistance--as well as for assistance to state and local law 
enforcement and homeland security.
  So, while as I said the bill has serious shortcomings and while I 
would change many parts of it if I alone were ``the decider'' about the 
matter, I think it deserves approval tonight and I will vote for it.
  Mr. SERRANO. Mr. Speaker, I rise tonight to take a moment to 
highlight some of the provisions that were included in the Financial 
Services and General Government section of the omnibus appropriations 
legislation that we are considering this evening.
  Despite a limited allocation, and multiple cuts subsequent to the 
House passed bill, the Financial Services and General Government 
portion reflects the commitment that I made when I became chairman to 
work on behalf of our consumers and to bring the priorities of the 
agencies that this bill funds closer to the needs of our citizens, 
especially the most disadvantaged.
  The Consumer Product Safety Commission will receive a more than 27 
percent increase over 2007 to help keep dangerous products out of the 
hands of our children. This is especially poignant this holiday season 
as we shop for safe gifts for our children. Funding for the Federal 
Trade Commission is increased by 15 percent over 2007 so that we can 
better address the problems of identity theft and deceptive lending 
practices, which impact more and more consumers.
  We have an obligation to assist our States as they struggle to make 
sure that our 2008 elections are accurate and reliable. There was 
included $125 million for grants to help States comply with the Help 
America Vote Act, including upgrading voting machines and voter 
registration databases. All citizens want to be sure that their vote 
will count. This important funding moves us closer to that goal.
  I am especially proud that we were able to fund the Community 
Development Financial Institutions Fund at $94 million, a 72-percent 
increase over 2007. This fund expands economic development and 
affordable financial services for underserved communities through 
housing loans, micro-business loans, and community development banks 
and credit unions.
  It is my firm belief that the Federal Government should not dictate 
to the District of Columbia how it should manage its own affairs or 
spend its own money. In this section we took some important steps in 
this direction by allowing the District of Columbia to use its own 
local funds for needle exchange programs to help fight the spread of 
HIV/AIDS. This also removes longstanding restrictions on the use of 
local funds by District leaders in support of voting representation in 
the United States Congress. In addition, the District of Columbia, 
Puerto Rico, and the territories will, with the passage of this 
omnibus, have quarters with designs they help select issued in 2009 to 
honor them and raise awareness of the diverse places that fly the 
American flag.
  The consumers of today and tomorrow must have financial education 
programs that help them to better understand the complicated financial 
world in which we operate. The current subprime lending crisis is just 
one example of how important this funding is in our society today. The 
Office of Financial Education at the Department of the Treasury will 
receive $1.1 million, with $200,000 targeted at our future consumers 
currently in our elementary and high schools, and $200,000 aimed at 
efforts to protect all consumers against predatory lending. There is 
also an increase in the Securities and Exchange Commission's budget 
specifically for investor education and protection.
  As our tax forms and obligations become more complicated, we as a 
government should provide additional taxpayer assistance. In order to 
address this need, $31.2 million is included above the President's 
request to increase IRS outreach and education services for taxpayers 
and small businesses, and tax return preparation services at Taxpayer 
Assistance Centers. There is an additional $6.7 million above the 
President's request to improve the services of the Taxpayer Advocate 
Service and its oversight of the IRS. Eight million is included for a 
new pilot grant program for Community Volunteer Income Assistance sites 
and $1 million over the President's request for Low-Income Taxpayer 
Clinics.
  Recognizing the importance of our small businesses, there is an 11 
percent increase over 2007 for Small Business Development Centers. The 
Microloan program is funded at $17 million, which includes the $15 
million for technical assistance that had been eliminated in the 
President's request.
  Our Federal workforce will be receiving a 3.5 percent cost-of-living 
adjustment. In addition, there are provisions to make sure that Federal 
workers whose jobs are threatened by privatization will have 
protections to ensure that the competitions against contractors are 
fair and unbiased. This bill also includes an important provision to 
improve congressional oversight of the practice of service contracting 
in Federal agencies. With contracting government-wide having grown to 
over $400 billion, Congress needs to ensure that it has necessary 
information on the size and scope of contracting in each agency. The 
bill will establish a pilot program that will require the Office of 
Management and Budget, OMB to track the cost and size of service 
contracts in three Cabinet-level departments. The program will give 
particular attention to contracts that have been performed poorly by a 
contractor because of excessive costs or inferior quality. It is also 
our intent that agencies other than the Department of Defense 
participate in this program, since the Department of Defense will 
already be subject to contract inventory requirements included in 
section 807 of the National Defense Authorization Act, NDAA, for fiscal 
year 2008.
  I also want to clarify our intent with respect to section 739(b) of 
the Financial Services bill, regarding the use of public-private 
competition to evaluate the benefits of converting work from contract 
performance to performance by Federal employees. The NDAA includes 
section 324 relating to insourcing new and contracted out functions, 
and the Department of Defense should follow the provisions included in 
section 324 of its authorization.
  There are also important provisions to address real national security 
needs. Treasury's Office of Terrorism and Financial Intelligence 
receives $56.8 million to help coordinate with the rest of the U.S. 
intelligence community and with other countries to combat terrorist 
financing. The Financial Crimes Enforcement Network receives $85.8 
million to increase the number of financial transaction analysts 
coordinating with intelligence agencies and law enforcement, and the 
number of staff working to ensure Bank Secrecy Act compliance by 
financial institutions. Funding is included for additional Treasury 
staff to improve the review process of the Committee on Foreign 
Investment in the United States.
  I am also proud that this section of the bill recognizes, through 
real dollars, how we value and want to protect our national heritage. 
Operating expenses for the National Archives are funded at $315 million 
in order to restore the research hours that had been reduced and to 
expand the workforce of professional archivists. The Archives' grant 
program will receive $9.5 million to assist in the preservation of the 
historic documents of States, local governments, universities, local 
historical societies, and others.
  Our Financial Services portion will benefit Americans by bringing 
Government in the agencies funded in this section closer to the people 
and make it better able to fit its services to their needs. The 
American people expect and deserve the best services their Government 
can offer and this is reflected in this pro-consumer section.
  Let me conclude by thanking my friend, ranking member, and partner, 
Congressman Regula, for his hard work and collaboration throughout this 
process. We might not agree on everything, but we worked together to 
try and fashion the best possible financial services section. I also 
want to express my appreciation and thanks for the hard work of our 
staff, both the majority and the minority. They are dedicated and 
devoted countless hours to the final product that we are considering 
today.
  I will vote in favor of this omnibus legislation tonight as we move 
this process forward.

     Financial Services and General Government Appropriations, 2008


  Supporting consumers, voters, taxpayers, small businesses, and all 
                               Americans

       Consumer Issues:
       The Consumer Product Safety Commission receives over a 27 
     percent increase over 2007 to help keep dangerous products 
     out of children's hands.
       The Federal Trade Commission receives a 15 percent increase 
     over 2007 to help fight identity theft and fraudulent or 
     deceptive lending practices.
       Election integrity:
       $125 million is included to assist States in ensuring 
     accurate and reliable elections as we approach the 2008 
     presidential election. Within this amount, $10 million is 
     included for a new program to help states improve the 
     collection of information relating to the administration of 
     elections.
       $200 thousand is included to help students learn about 
     elections through a mock election program.
       Community economic development:
       The Community Development Financial Institutions Fund 
     receives $94 million, a 72 percent increase over 2007, to 
     expand economic development and affordable financial services 
     for distressed communities.
       Respect for the District of Columbia and for U.S. 
     territories:
       For the first time in many years, the District of Columbia 
     may use its local funds to support needle exchange programs 
     that help fight the spread of HIV/AIDS.
       The bill removes longstanding restrictions on the use of 
     local funds by District leaders in support of voting 
     representation in the U. S. Congress.
       Quarters with designs from Puerto Rico, Guam, the U.S. 
     Virgin Islands, American Samoa, the Northern Mariana Islands, 
     and the District of Columbia will be issued in 2009 to honor 
     and raise awareness of the diverse places that fly the 
     American flag.
       Puerto Rico, for the first time, is eligible to receive the 
     same proportionate share of election assistance grants that 
     states receive.
       Financial education:
       Treasury's Office of Financial Education receives $1.1 
     million, including $200,000 for efforts aimed at elementary 
     and high schools, and $200,000 aimed at efforts to protect 
     consumers against predatory lending.
       The Securities and Exchange Commission's budget is 
     increased to support investor education and protection.
       Taxpayer assistance:
       $31.2 million above the President's request is to increase 
     IRS outreach and education services for taxpayers and small 
     businesses, and tax return preparation services at Taxpayer 
     Assistance Centers.
       $6.7 million above the President's request is to improve 
     the services of the National Taxpayer Advocate and its 
     oversight of the IRS.
       $8 million is for a new pilot grant program for Community 
     Volunteer Income Tax Assistance sites.
       $1 million above the President's request is provided for 
     Low-Income Taxpayer Clinics.
       Small business assistance:
       Small Business Development Centers receive an 11 percent 
     increase over 2007.
       The Microloan program is funded at $17 million. This 
     includes $15 million for technical assistance, which was 
     eliminated in the President's request.
       Federal workforce:
       A 3.5 percent Federal employee pay raise is included.
       Federal workers whose jobs are threatened by privatization 
     will have protections to ensure that competitions against 
     contractors are fair and unbiased.
       Concerns over costly or poorly performed government 
     contracts are addressed through report requirements that will 
     enable Congress to exercise greater oversight.
       National security:
       Treasury's Office of Terrorism and Financial Intelligence 
     receives $56.8 million to help coordinate with the rest of 
     the U.S. intelligence community and with other countries to 
     combat terrorist financing.
       The Financial Crimes Enforcement Network receives $85.8 
     million to increase the number of financial transaction 
     analysts coordinating with intelligence agencies and law 
     enforcement, and the number of staff working to ensure Bank 
     Secrecy Act compliance by financial institutions.
       Funding is included for additional Treasury staff to 
     improve the review process of the Committee on Foreign 
     Investment in the United States.
       $250 million is included as part of a homeland security 
     border initiative to accelerate Land Port of Entry design and 
     construction and to assist the Federal Judiciary's 
     immigration casework.
       Caring for our National heritage:
       $315 million is included for National Archives operating 
     expenses to restore research hours and to expand the 
     workforce of professional archivists.
       $9.5 million is included for the Archives' grant program to 
     help preserve the historic documents of states, local 
     governments, universities, local historical societies, and 
     others. The Administration proposed to eliminate this 
     program.

  Mr. HALL of New York. Mr. Speaker, tonight this body did something 
that it failed to do last year under the previous majority by passing 
legislation to direct the spending of our Federal Government.
  I am disappointed that the choice of the President and the minority 
to engage in confrontation and obstruction instead of cooperation and 
progress prevented us from more fully meeting America's needs in this 
bill. Despite their intransigence, we were able to pass a bill that 
began to reinvest in critical national priorities that had been 
neglected for too long. Priorities like life saving medical research, 
law enforcement, border and homeland security, K-12 education, college 
aid, needed infrastructure improvements, renewable energy, and energy 
efficiency. In addition to those steps, this bill lived up to the 
commitment of this Congress to keep our promises to America's veterans 
by providing $3.7 billion over the President's request for veterans' 
medical care, claims processing, and facility improvements.
  As I indicated this is not a perfect bill. I am deeply troubled by 
the decision to include language that provides authority for the 
Department of Energy to issue over $8 billion in loan guarantees to 
coal-based energy projects, and over $20 billion for nuclear energy 
projects, while authorizing only $10 billion for renewables and energy 
efficiency. Nuclear power has shown itself to be an environmentally and 
economically unsustainable form of energy, and has repeatedly failed 
the test of whether it can survive without taxpayer support. Given the 
nuclear industry's record of risk and nonperformance, expanding 
taxpayer support for nuclear power would be throwing good money after 
bad. In order to truly make the most progress possible toward a clean, 
profitable, independent energy future for our Nation, it will be more 
effective to devote maximum federal support to renewable energy 
technologies like wind, solar, geothermal as well as new technologies 
and improvements in efficiency.
  While I remain concerned about the loan guarantee language, I believe 
that in its totality the spending bill we approved tonight does a 
tremendous amount of good by funding key programs that will make 
America more secure and more prosperous. It makes necessary investments 
in America's future, and that is why I voted for it.
  Mr. McNERNEY. Mr. Speaker, in the next few days the House and Senate 
are expected to pass H.R. 6, a comprehensive energy bill to chart a new 
course for our Nation's energy policy. This legislation is a major step 
towards a sustainable energy future, and I am proud that language was 
included in the bill to advance geothermal research. Specifically, a 
subtitle of H.R. 6 authorizes investments in new methods of extracting 
geothermal energy from the earth. These technologies have the potential 
to generate tremendous amounts of environmentally friendly, 
domestically produced electricity.
  Today we are considering the Fiscal Year 2008 omnibus appropriations 
bill to fund most of our Federal Government for the coming year. It is 
my hope that to the extent that funds are available beyond purposes 
specifically directed by this appropriations measure, the appropriation 
for the Department of Energy's geothermal research program should be 
used to begin implementation of provisions in Subtitle B of Section VI 
of HR 6, also known as the Advanced Geothermal Energy Research and 
Development Act of 2007. Geothermal energy has the potential to 
contribute significantly towards energy independence and efforts to 
address climate change, and we should pursue this research without 
delay.
  Mr. OBERSTAR. Mr. Speaker, I am very concerned about the myriad 
legislative provisions in this bill that modify projects and studies of 
the U.S. Army Corps of Engineers, ``Corps''. These provisions, 
contained in the Energy and Water Development and Related Agencies 
Appropriations Act, 2008 division of H.R. 2764, affect authorizations 
and policy issues that are solely within the jurisdiction of the 
Committee on Transportation and Infrastructure.
  Mr. Speaker, after 7 long years, the Committee on Transportation and 
Infrastructure successfully enacted P.L. 110-114, the ``Water Resources 
Development Act of 2007,'' ``WRDA 2007'', last month. This landmark 
legislation authorizes roughly $23 billion in project studies, 
authorizations, and modifications across the spectrum of Corps 
missions.
  Unfortunately, however, several of the provisions contained in the 
Energy and Water Development Appropriations Act undermine agreements 
reached in the House and Senate conference negotiations on the water 
resources act. In addition, these provisions undermine existing 
statutory obligations and Committee on Transportation and 
Infrastructure policy with respect to Corps project authorizations.
  Mr. Speaker, one of the most egregious examples of legislative 
language contained in this bill is section 117, related to the project 
at Johnson Creek, Arlington, TX. This provision expands the flood 
damage reduction measures currently underway in Arlington, TX, to 
provide additional flood protection to new developments currently being 
constructed along Johnson Creek, including a major league baseball 
stadium, a new national football league stadium, and a 5-million-
square-foot development plan for Glorypark that will be comprised of 
multiple hotels, residential units, and commercial space nestled 
between the creek and the two stadiums.
  The original plan for Johnson Creek, authorized in the Water 
Resources Development Act of 1999, called for the restoration of 
approximately 155 acres of bottomland hardwoods, and recreation 
features, e.g., walking trails, along Johnson Creek, at an estimated 
total cost of $30,000,000. Construction on the authorized project is 
approximately 50 percent complete.
  During consideration of WRDA 2007, the Committee received a request 
to modify the ongoing project for Johnson Creek--the very same 
provision that is contained in section 117 of the Energy and Water 
appropriations bill. Section 117 modifies the existing project to 
convert approximately 90 acres of the 155 acres designated as 
mitigation lands--and proposed for restoration in the original plan--
into a parking lot and other improvements related to the proposed 
stadium construction. Section 117 provides for the construction of 
additional flood control structures and the acquisition of an 
additional 90 acres of new environmental restoration/preservation lands 
to offset those lands constructed under the original authorization. The 
estimated cost of the revised proposal is $80,000,000.
  I opposed the proposed modification for Johnson Creek when it was 
offered before the House Committee on Transportation and 
Infrastructure, and continue to oppose the very same language that now 
appears in section 117 of the Energy and Water Appropriations bill.
  First, section 117 authorizes the Johnson Creek project without 
requiring that the project meet a traditional cost-benefit test.
  Section 1 of the Flood Control Act of 1936 requires that, for flood 
control projects, the benefits of the project are in excess of the 
costs. Over many decades, this statutory requirement has been carried 
out through the calculation of a cost-benefit test for Corps projects. 
Typically, when Congress authorizes a project, it must be 
``feasible''--meaning that the Corps determines that the project is 
technically sound, environmentally acceptable, and economically 
justified.
  Section 117 waives the traditional cost-benefit test, and only 
requires that the project be technically sound and environmentally 
acceptable.
  During the formulation of the Water Resources Development Act in the 
House, the Corps provided the Committee on Transportation and 
Infrastructure with information on the estimated cost-benefit ratio for 
the Johnson Creek plan, ``A Vision of Conservation,'' dated March 2006. 
According to the Corps, the total anticipated cost for the flood damage 
reduction element of the project is $27.9 million. The average annual 
costs are estimated to be $2.84 million. The total potential average 
annual benefits are $1.28 million. The estimated benefit to cost ratio 
is 0.45 to 1. In essence, the reason that the benefits for this project 
are very low is because the project does not protect traditional 
structures, e.g., housing, commercial properties, but mainly serves to 
minimize potential flooding of the parking lot for the sports stadium 
complex, built on the former ecosystem restoration lands of the prior 
project, and protect an amusement park further downstream.
  The Corps estimated that the total anticipated costs for the 
recreation component of the plan are $10.6 million, estimated to be 
$1.14 million annually, and include the construction of trails and 
associated facilities within the project area. The total potential 
average annual benefits from the recreational element were estimated to 
be $1.6 million. The estimated benefit-to-cost ratio for the 
recreational element is estimated to be 1.44 to 1. The Corps also 
estimated that the ``Vision of Conservation'' plan would include an 
additional $21.5 million for bank stabilization, sedimentation basins, 
and the planting of trees, shrubs, and grasses. The Corps did not 
provide a detailed assessment of the benefits of these additional 
elements.
  As Chairman of the Committee on Transportation and Infrastructure, I 
opposed the proposal to waive existing statutory and policy 
requirements that the project undergo a proper cost-benefit test. In a 
carefully and extensively negotiated bipartisan agreement, the 
Committee modified the project to allow the ``Vision of Conservation'' 
to proceed, but to retain the traditional benefit-cost analysis for the 
project. In addition, the Committee included statutory language to 
allow the non-Federal sponsor to contribute additional local funds to 
ensure that the Federal and non-Federal shares of the cost of the 
project would reflect the estimated cost-benefit ratio. The Committee 
believed that this was a fair way to allow non-Federal sponsors, such 
as the City of Arlington, TX, to contribute more funding toward desired 
Corps projects, but not violate the requirement that the costs of a 
project at least equal the benefits.
  This bipartisan agreement was included as section 5123 of the House-
passed Water Resources Development Act of 2007:

     ``SEC. 5123. 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), 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 feasible.
       ``(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.--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.
       ``(c) Special Rule.--In evaluating and implementing the 
     project, the Secretary shall allow the non-Federal interest 
     to participate in the financing of the project in accordance 
     with section 903(c) of the Water Resources Development Act of 
     1986 (100 Stat. 4184).
       ``(d) Conforming Amendment.--Section 134 of the Energy and 
     Water Development Appropriations Act, 2006 (119 Stat. 2263) 
     is repealed.''

  During conference negotiations on H.R. 1495, the Conference Committee 
reached agreement on language related to the Johnson Creek project, 
which was modeled after the House-passed provision. Congress included 
its modifications to the Johnson Creek project in section 5143 of the 
Conference Report on H.R. 1495, the Water Resources Development Act of 
2007.
  Now, just over one month after Congress enacted the Water Resources 
Development Act, section 117 of the Energy and Water bill seeks to undo 
our bipartisan, bicameral agreement before this language has even had 
the opportunity to work. The principal difference between the language 
contained in the Water Resources Development Act of 2007 and the 
language contained in section 117 of this Act is the waiver of the 
benefit-cost test for the project.
  I oppose the waiver of the benefit-cost test, and was able to work 
with my colleagues in the House and Senate to retain this important 
protection in WRDA 2007. Section 117 of this Act arbitrarily waives the 
benefit-cost test--a position that was uniformly rejected by both the 
House and Senate during consideration of the water resources 
development legislation.
  I continue to oppose this proposal, and will revisit the changes made 
by section 117 during the development of our next Water Resources 
Development Act in 2008.
  I also strongly oppose section 123, related to the project for St. 
John's Bayou and New Madrid Floodway, of the bill.
  Again, this language fundamentally undermines normal Corps planning 
and design methodologies related to the development of sound Corps 
projects. With regard to the defined project, this provision represents 
a complete reversal of well considered and appropriate law and policy. 
While it does not waive cost-benefit analysis and justification, or the 
environmental review required by National Environmental Policy Act 
(``NEPA''). Section 123 carefully defines the project and states ``. . 
. the project is economically justified.'' This precludes consideration 
of appropriate and required economic analysis of the defined project.
  The St. John's Bayou/New Madrid Floodway project was recently 
adjudicated with the judge issuing a summary judgment, in September 
2007, in favor of the plaintiffs, enjoining the Corps from work on the 
project, and ordering the Corps to deconstruct the elements it had 
already built.
  The judge's ruling stated: ``The Corps' manipulation of its habitat 
model in analyzing fish mitigation gives new meaning to the phrase 
`result-oriented decision-making.' (Emphasis added.) The Corps has 
obviously worked backwards from the mitigation dollars it could afford, 
tweaking several of its original, fundamental understandings of its 
mitigation obligations so as to make the project appear to return a 
positive benefit-cost ratio. Many mitigation decisions seem to have 
been based on cost alone, with a troubling disregard for the 
fundamental assumptions of the HEP [Habitat Evaluation Procedures] team 
model and HEP team member judgment. Several elements discussed above 
lack factual support or substantial evidence, but, more disturbingly, 
the Corps has demonstrated its willingness to do whatever it takes to 
proceed with this project--change definitions, abandon core 
assumptions--even if it means ignoring serious environmental impacts.''
  Like Johnson Creek, the Committee on Transportation and 
Infrastructure considered and rejected a legislative proposal to waive 
the beneft-cost test and environmental reviews for this project during 
negotiations on the Water Resources Development Act. However, the 
Committee did approve language directing the Corps to utilize existing 
statutory authority to consider the non-Federal sponsor's ``ability to 
pay'' when determining an appropriate cost-share for the project. This 
language was included as part of section 2019 of the Water Resources 
Development Act of 2007.
  Mr. Speaker, these are just two of the many concerns I have with the 
number of legislative provisions contained in the Energy and Water 
Appropriations Act.
  I will continue to review the legislative proposals contained in this 
bill, and should changes be warranted to conform the projects to 
existing statutory authorities or Committee policy, I will revisit 
these projects during the development of a Water Resources Development 
Act in 2008.
  Mr. THOMPSON of Mississippi. Mr. Speaker, I would like to express my 
support for the House Amendments to Senate Amendment to H.R. 2764--
State, Foreign Operations, and Related Programs Appropriations Act, 
2008, Consolidated Appropriations Act, 2008. Specifically, I would like 
to take this opportunity to highlight and clarify language included in 
Division E, the Department of Homeland Security Appropriations Act of 
2008 regarding the Secure Handling of Ammonium Nitrate.
  Farmers who use ammonium nitrate in agriculture production normally 
obtain their ammonium nitrate from a retail fertilizer dealership. Any 
retail fertilizer dealership that stores and sells ammonium nitrate 
would have to register under this legislation. The intent of this 
legislation is ``track and trace''--to provide law enforcement 
officials with the ability to know where ammonium nitrate is being 
stored and the establishment of a pre-screening process before a person 
can take possession of ammonium nitrate.
  Retail fertilizer dealerships provide many services for farmers and 
one of those services is custom application. Many farmers that buy 
fertilizer never physically take possession of ammonium nitrate. The 
farmer purchases the services of the dealer who spreads the ammonium 
nitrate on the farmer's field. These custom application services can be 
provided by other businesses that would be subject to the registration 
requirements of the legislation.
  In Mississippi and southeastern United States, nearly 90 percent of 
the 41,800 tons of ammonium nitrate purchased is applied by a 
fertilizer dealer or applicator company to the field. Only 10 percent 
of the ammonium nitrate fertilizer purchased in the southeastern United 
States is ever under the direct control and possession of the farm 
customer.
  It is not the intent of this legislation to require individuals that 
use custom application services and do not take possession of ammonium 
nitrate to be subject to be registered. I believe this bill will 
enhance the security surrounding ammonium nitrate in agriculture and 
ammonium nitrate will be kept out of the hands of would-be terrorists.
  I also ask that a letter submitted by The Fertilizer Institute (TFI), 
in support of the Consolidated Appropriations Act, 2008, be inserted in 
the Congressional Record.
  Again, I support this legislation that reduces the risk that large 
quantities of ammonium nitrate could fall into the wrong hands while 
ensuring access for agriculture professionals and farmers who use this 
fertilizer for legitimate purposes.

                                     The Fertilizer Institute,

                                Washington, DC, December 17, 2007.
     Hon. Bennie Thompson,
     Chairman, House Homeland Security Committee, Washington, DC.
       Dear Mr. Chairman: On behalf of The Fertilizer Institute 
     (TFI) and our ammonium nitrate producers and retailers, I am 
     writing to thank you for your tireless efforts to help secure 
     passage of the ``Secure Handling of Ammonium Nitrate Act of 
     2007.''
       The goal of TFI and our affected membership has been to 
     pass legislation that would require traceability of ammonium 
     nitrate being sold in the United States. By requiring 
     facilities and individuals who possess ammonium nitrate to 
     register with the Department of Homeland Security (DHS) and 
     keep records of all sales, we believe the security 
     surrounding ammonium nitrate use in agriculture will be 
     greatly enhanced and our beneficial product will be kept out 
     of the hands of those with criminal intent.
       Ammonium nitrate in many areas of the country is directly 
     applied by retail fertilizer dealers or other custom 
     application businesses. For instance, in many cases, farmers 
     do not physically possess or control the application of 
     ammonium nitrate; the dealer maintains custody and applies 
     the purchased product directly to the field. TFI believes 
     that anyone not taking physical possession of ammonium 
     nitrate should not have to register with DHS as this would be 
     unnecessary and of no added security benefit when the 
     facility having possession of ammonium nitrate is required to 
     register and keep records.
       Again, thank you, Mr. Chairman.
           Sincerely yours,
                                                     Ford B. West,
                                                        President.

  Mr. OBEY. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Becerra). All time for debate has 
expired.
  Pursuant to House Resolution 878, the previous question is ordered.
  The question of adoption of the motion is divided between the two 
House amendments.
  The first portion of the divided question is: Will the House concur 
in the amendment of the Senate with the first amendment printed in 
House Report 110-497?
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. LEWIS of California. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Evidently a quorum is not present.
  The Sergeant at Arms will notify absent Members.
  Pursuant to clause 8 and clause 9 of rule XX, this 15-minute vote on 
agreeing to the first amendment will be followed by 5-minute votes on 
agreeing to the second amendment, if ordered, and suspending the rules 
on House Concurrent Resolution 254.
  Remaining postponed votes on motions to suspend the rules will be 
taken later in the week.
  The vote was taken by electronic device, and there were--yeas 253, 
nays 154, answered ``present'' 1, not voting 24, as follows:

                            [Roll No. 1171]

                               YEAS--253

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bilirakis
     Bishop (GA)
     Bishop (NY)
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Brown-Waite, Ginny
     Butterfield
     Capito
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castle
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     Davis, Tom
     Davis, Lincoln
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Dicks
     Dingell
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Emerson
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Filner
     Fossella
     Frank (MA)
     Gerlach
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Graves
     Green, Al
     Green, Gene
     Grijalva
     Hall (NY)
     Hare
     Harman
     Hayes
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Hulshof
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Jones (OH)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kilpatrick
     Kind
     King (NY)
     Kirk
     Klein (FL)
     Knollenberg
     Kuhl (NY)
     LaHood
     Lampson
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Latham
     LaTourette
     Lee
     Levin
     Lewis (GA)
     Lipinski
     LoBiondo
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McDermott
     McGovern
     McHugh
     McIntyre
     McNerney
     McNulty
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (MI)
     Miller (NC)
     Miller, George
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murphy, Tim
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Payne
     Perlmutter
     Peterson (MN)
     Pickering
     Pomeroy
     Porter
     Price (NC)
     Rahall
     Ramstad
     Rangel
     Reichert
     Renzi
     Reyes
     Reynolds
     Richardson
     Rodriguez
     Ros-Lehtinen
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Serrano
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Simpson
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stupak
     Sutton
     Tanner
     Tauscher
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Turner
     Udall (CO)
     Udall (NM)
     Upton
     Van Hollen
     Velazquez
     Visclosky
     Walsh (NY)
     Walz (MN)
     Wasserman Schultz
     Waters
     Watson
     Watt
     Waxman
     Weiner
     Welch (VT)
     Wilson (OH)
     Wolf
     Wu
     Wynn
     Yarmuth
     Young (AK)
     Young (FL)

                               NAYS--154

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Carter
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Deal (GA)
     Doggett
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Flake
     Forbes
     Fortenberry
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Hastings (WA)
     Heller
     Hensarling
     Herger
     Hoekstra
     Inglis (SC)
     Inslee
     Issa
     Johnson (IL)
     Johnson, Sam
     Jones (NC)
     Jordan
     Keller
     King (IA)
     Kingston
     Kline (MN)
     Kucinich
     Lamborn
     Latta
     Lewis (CA)
     Lewis (KY)
     Linder
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     Markey
     Marshall
     Matheson
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McKeon
     McMorris Rodgers
     Mica
     Miller (FL)
     Moran (KS)
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pitts
     Platts
     Poe
     Price (GA)
     Putnam
     Radanovich
     Regula
     Rehberg
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Smith (NE)
     Smith (TX)
     Souder
     Stark
     Stearns
     Sullivan
     Tancredo
     Taylor
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Walberg
     Walden (OR)
     Wamp
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wicker
     Wilson (NM)
     Wilson (SC)

                        ANSWERED ``PRESENT''--1

       
     Baird
       

                             NOT VOTING--24

     Blumenauer
     Cubin
     Gallegly
     Gilchrest
     Gutierrez
     Hall (TX)
     Hastings (FL)
     Hobson
     Hooley
     Hunter
     Jindal
     Johnson, E. B.
     McHenry
     Miller, Gary
     Ortiz
     Pastor
     Paul
     Pryce (OH)
     Rohrabacher
     Thompson (CA)
     Weller
     Wexler
     Wittman (VA)
     Woolsey


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining on this vote.

                              {time}  2221

  Messrs. NEUGEBAUER, SULLIVAN, MARKEY and BOOZMAN changed their vote 
from ``yea'' to ``nay.''
  Mr. FOSSELLA changed his vote from ``nay'' to ``yea.''
  So the first portion of the divided question was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.
  Stated against:
  Mr. WITTMAN of Virginia. Mr. Speaker, on rollcall No. 1171, I was 
unavoidably detained. Had I been present, I would have voted ``nay.''
  The SPEAKER pro tempore (Mr. Lynch). The Chair will now put the 
question on the second portion of the divided question.
  The question is: Will the House concur in the amendment of the Senate 
with the second amendment printed in House Report 110-497?
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.


                             Recorded Vote

  Mr. LEWIS of California. Mr. Speaker, I demand a recorded vote.
  A recorded vote was ordered.
  The SPEAKER pro tempore. This will be a 5-minute vote.
  The vote was taken by electronic device, and there were--ayes 206, 
noes 201, not voting 25, as follows:

                            [Roll No. 1172]

                               AYES--206

     Abercrombie
     Ackerman
     Allen
     Altmire
     Andrews
     Arcuri
     Baca
     Baldwin
     Barrow
     Bean
     Becerra
     Berkley
     Berman
     Berry
     Bishop (GA)
     Bishop (NY)
     Boren
     Boswell
     Boucher
     Boyd (FL)
     Boyda (KS)
     Brady (PA)
     Braley (IA)
     Brown, Corrine
     Butterfield
     Capps
     Capuano
     Cardoza
     Carnahan
     Carney
     Castor
     Chandler
     Clarke
     Clay
     Cleaver
     Clyburn
     Cohen
     Conyers
     Cooper
     Costa
     Costello
     Courtney
     Cramer
     Crowley
     Cuellar
     Cummings
     Davis (AL)
     Davis (CA)
     Davis (IL)
     DeFazio
     DeGette
     Delahunt
     DeLauro
     Dicks
     Dingell
     Doggett
     Donnelly
     Doyle
     Edwards
     Ellison
     Ellsworth
     Emanuel
     Engel
     Eshoo
     Etheridge
     Farr
     Fattah
     Frank (MA)
     Giffords
     Gillibrand
     Gonzalez
     Gordon
     Green, Al
     Green, Gene
     Hall (NY)
     Hare
     Harman
     Herseth Sandlin
     Higgins
     Hill
     Hinchey
     Hinojosa
     Hirono
     Hodes
     Holden
     Holt
     Honda
     Hoyer
     Inslee
     Israel
     Jackson (IL)
     Jackson-Lee (TX)
     Jefferson
     Johnson (GA)
     Johnson (IL)
     Kagen
     Kanjorski
     Kaptur
     Kennedy
     Kildee
     Kind
     Klein (FL)
     LaHood
     Langevin
     Lantos
     Larsen (WA)
     Larson (CT)
     Levin
     Lipinski
     Loebsack
     Lofgren, Zoe
     Lowey
     Lynch
     Mahoney (FL)
     Maloney (NY)
     Markey
     Marshall
     Matheson
     Matsui
     McCarthy (NY)
     McCollum (MN)
     McGovern
     McIntyre
     McNerney
     Meek (FL)
     Meeks (NY)
     Melancon
     Michaud
     Miller (NC)
     Mitchell
     Mollohan
     Moore (KS)
     Moore (WI)
     Moran (VA)
     Murphy (CT)
     Murphy, Patrick
     Murtha
     Nadler
     Napolitano
     Neal (MA)
     Oberstar
     Obey
     Olver
     Pallone
     Pascrell
     Payne
     Perlmutter
     Peterson (MN)
     Pomeroy
     Price (NC)
     Rahall
     Renzi
     Reyes
     Richardson
     Rodriguez
     Ross
     Rothman
     Roybal-Allard
     Ruppersberger
     Rush
     Ryan (OH)
     Salazar
     Sanchez, Linda T.
     Sanchez, Loretta
     Sarbanes
     Schakowsky
     Schiff
     Schwartz
     Scott (GA)
     Scott (VA)
     Sestak
     Shays
     Shea-Porter
     Sherman
     Shuler
     Sires
     Skelton
     Slaughter
     Smith (NJ)
     Smith (WA)
     Snyder
     Solis
     Space
     Spratt
     Stupak
     Sutton
     Tauscher
     Taylor
     Thompson (MS)
     Tierney
     Towns
     Tsongas
     Udall (CO)
     Udall (NM)
     Van Hollen
     Visclosky
     Walz (MN)
     Wasserman Schultz
     Watson
     Watt
     Waxman
     Weiner
     Wilson (OH)
     Wu
     Wynn
     Yarmuth

                               NOES--201

     Aderholt
     Akin
     Alexander
     Bachmann
     Bachus
     Baird
     Baker
     Barrett (SC)
     Bartlett (MD)
     Barton (TX)
     Biggert
     Bilbray
     Bilirakis
     Bishop (UT)
     Blackburn
     Blunt
     Boehner
     Bonner
     Bono
     Boozman
     Boustany
     Brady (TX)
     Broun (GA)
     Brown (SC)
     Brown-Waite, Ginny
     Buchanan
     Burgess
     Burton (IN)
     Buyer
     Calvert
     Camp (MI)
     Campbell (CA)
     Cannon
     Cantor
     Capito
     Carter
     Castle
     Chabot
     Coble
     Cole (OK)
     Conaway
     Crenshaw
     Culberson
     Davis (KY)
     Davis, David
     Davis, Lincoln
     Davis, Tom
     Deal (GA)
     Dent
     Diaz-Balart, L.
     Diaz-Balart, M.
     Doolittle
     Drake
     Dreier
     Duncan
     Ehlers
     Emerson
     English (PA)
     Everett
     Fallin
     Feeney
     Ferguson
     Filner
     Flake
     Forbes
     Fortenberry
     Fossella
     Foxx
     Franks (AZ)
     Frelinghuysen
     Garrett (NJ)
     Gerlach
     Gingrey
     Gohmert
     Goode
     Goodlatte
     Granger
     Graves
     Grijalva
     Hastings (WA)
     Hayes
     Heller
     Hensarling
     Herger
     Hoekstra
     Hulshof
     Inglis (SC)
     Issa
     Johnson, Sam
     Jones (NC)
     Jones (OH)
     Jordan
     Keller
     Kilpatrick
     King (IA)
     King (NY)
     Kingston
     Kirk
     Kline (MN)
     Knollenberg
     Kucinich
     Kuhl (NY)
     Lamborn
     Lampson
     Latham
     LaTourette
     Latta
     Lee
     Lewis (CA)
     Lewis (GA)
     Lewis (KY)
     Linder
     LoBiondo
     Lucas
     Lungren, Daniel E.
     Mack
     Manzullo
     Marchant
     McCarthy (CA)
     McCaul (TX)
     McCotter
     McCrery
     McDermott
     McHugh
     McKeon
     McMorris Rodgers
     McNulty
     Mica
     Miller (FL)
     Miller (MI)
     Miller, George
     Moran (KS)
     Murphy, Tim
     Musgrave
     Myrick
     Neugebauer
     Nunes
     Pearce
     Pence
     Peterson (PA)
     Petri
     Pickering
     Pitts
     Platts
     Poe
     Porter
     Price (GA)
     Putnam
     Radanovich
     Ramstad
     Rangel
     Regula
     Rehberg
     Reichert
     Reynolds
     Rogers (AL)
     Rogers (KY)
     Rogers (MI)
     Ros-Lehtinen
     Roskam
     Royce
     Ryan (WI)
     Sali
     Saxton
     Schmidt
     Sensenbrenner
     Sessions
     Shadegg
     Shimkus
     Shuster
     Simpson
     Smith (NE)
     Smith (TX)
     Souder
     Stark
     Stearns
     Sullivan
     Tancredo
     Tanner
     Terry
     Thornberry
     Tiahrt
     Tiberi
     Turner
     Upton
     Walberg
     Walden (OR)
     Walsh (NY)
     Wamp
     Waters
     Welch (VT)
     Weldon (FL)
     Westmoreland
     Whitfield (KY)
     Wicker
     Wilson (NM)
     Wilson (SC)
     Wittman (VA)
     Wolf
     Young (AK)
     Young (FL)

                             NOT VOTING--25

     Blumenauer
     Cubin
     Gallegly
     Gilchrest
     Gutierrez
     Hall (TX)
     Hastings (FL)
     Hobson
     Hooley
     Hunter
     Jindal
     Johnson, E. B.
     McHenry
     Miller, Gary
     Ortiz
     Pastor
     Paul
     Pryce (OH)
     Rohrabacher
     Serrano
     Thompson (CA)
     Velazquez
     Weller
     Wexler
     Woolsey


                Announcement by the Speaker Pro Tempore

  The SPEAKER pro tempore (during the vote). Members are advised there 
are 2 minutes remaining on this vote.

                              {time}  2228

  Ms. WATERS and Mr. WELCH of Vermont changed their vote from ``aye'' 
to ``no.''
  So the second portion of the divided question was agreed to.
  The result of the vote was announced as above recorded.
  A motion to reconsider was laid on the table.

                          ____________________