[House Report 110-497]
[From the U.S. Government Publishing Office]




110th Congress                                                   Report
 1st Session                                                     110-497
                        HOUSE OF REPRESENTATIVES                       
_______________________________________________________________________

  PROVIDING FOR THE CONSIDERATION OF THE SENATE AMENDMENT TO 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

                               __________

                              R E P O R T

                                 of the

                           COMMITTEE ON RULES

                              to accompany

                              H. Res. 878




 December 17, 2007.--Referred to the House Calendar and ordered to be 
                                printed







                    U.S. GOVERNMENT PRINTING OFFICE

39-676                     WASHINGTON : 2007















110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    110-497

======================================================================
 
  PROVIDING FOR THE CONSIDERATION OF THE SENATE AMENDMENT TO 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

                                _______
                                

 December 17, 2007.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

  Ms. Slaughter, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 878]

    The Committee on Rules, having had under consideration 
House Resolution 878, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The rule provides for consideration of the Senate amendment 
to H.R. 2764. The rule makes in order a motion by the chairman 
of the Committee on Appropriations to concur in the Senate 
amendment with each of the two House amendments printed in this 
report. The rule waives all points of order against 
consideration of the motion except those arising under clause 
10 of rule XXI and provides that the Senate amendment and the 
motion shall be considered as read. The rule provides one hour 
of debate on the motion equally divided and controlled by the 
chairman and ranking minority member of the Committee on 
Appropriations. The rule provides for a division of the 
question of adoption of the motion between the two House 
amendments. The rule provides that the Chair may postpone 
further consideration of the motion to a time designated by the 
Speaker.

                         EXPLANATION OF WAIVERS

    Although the rule waives all points of order against 
consideration of the motion (except for clause 10 of rule XXI) 
the Committee is not aware of any points of order against the 
motion except a technical point of order under section 206 of 
Senate Concurrent Resolution 21.

  SUMMARY OF THE HOUSE AMENDMENTS TO THE SENATE AMENDMENT TO H.R. 2764

                            FIRST AMENDMENT

    Strikes the text of the Senate amendment and inserts a 
Consolidated Appropriations Act covering 11 regular 
appropriations bills, each in a separate division, as follows:
          Division A--Agriculture, Rural Development, Food and 
        Drug Administration, and Related Agencies 
        Appropriations Act, 2008-$18.1 billion
          Division B--Commerce, Justice, Science, and Related 
        Agencies Appropriations Act, 2008-$51.8 billion
          Division C--Energy and Water Development and Related 
        Agencies Appropriations Act, 2008-$31.9 billion
          Division D--Financial Services and General Government 
        Appropriations Act, 2008-$20.6 billion
          Division E--Department of Homeland Security 
        Appropriations Act, 2008-$34.85 billion
          Division F--Department of the Interior, Environment, 
        and Related Agencies-$26.6 billion
          Division G--Departments of Labor, Health and Human 
        Services, and Education, and Related Agencies 
        Appropriations Act, 2008-$144.8 billion
          Division H--Legislative Branch Appropriations Act, 
        2008-$4 billion
          Division I--Military Construction and Veterans 
        Affairs and Related Agencies Appropriations Act, 2008-
        $60.2 billion
          Division J--Department of State, Foreign Operations, 
        and Related Programs Appropriations Act, 2008-$32.8 
        billion
          Division K--Transportation, Housing and Urban 
        Development, and Related Agencies Appropriations Act, 
        2008-$48.9 billion
    The amendment also provides $7.5 billion in emergency 
funding for WIC, drought assistance, convention security, 
border security, wildfires, LIHEAP, world trade center workers, 
State Department and foreign operations, and I-35 bridge repair 
in Minnesota. The amendment provides an additional $3.7 billion 
in contingent emergency funding for veterans' healthcare and 
other needs, bringing the total amount of funding in the first 
amendment to $484.7 billion.

                            SECOND AMENDMENT

    Provides $31 billion for operations in Afghanistan and 
prohibits these funds from being used for operations in Iraq.

   TEXT OF THE HOUSE AMENDMENTS TO THE SENATE AMENDMENT TO H.R. 2764

             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''.

  MC GOVERN-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,
 officer                                           2008.''.


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


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


          (5) Government contributions.--Paragraphs (1)(B)(i) 
        and (3) of section 8423(a) of title 5, United States 
        Code, are amended by inserting ``customs and border 
        protection officers,'' after ``nuclear materials 
        couriers,'' each place it appears.
          (6) Mandatory separation.--Section 8425(b)(1) of 
        title 5, United States Code, is amended--
                  (A) by striking ``or nuclear materials 
                courier who'' and inserting ``nuclear materials 
                courier, or customs and border protection 
                officer who''; and
                  (B) by striking ``or nuclear materials 
                courier,'' and inserting ``nuclear materials 
                courier, or customs and border protection 
                officer''.
  (c) Maximum Age for Original Appointment.--Section 3307 of 
title 5, United States Code, is amended by adding at the end 
the following:
  ``(g) The Secretary of Homeland Security may determine and 
fix the maximum age limit for an original appointment to a 
position as a customs and border protection officer, as defined 
by section 8401(36).''.
  (d) Regulations.--Any regulations necessary to carry out the 
amendments made by this section shall be prescribed by the 
Director of the Office of Personnel Management in consultation 
with the Secretary of Homeland Security.
  (e) Effective Date; Transition Rules.--
          (1) Effective date.--The amendments made by this 
        section shall become effective on the later of June 30, 
        2008, or the first day of the first pay period 
        beginning at least 6 months after the date of the 
        enactment of this Act.
          (2) Transition rules.--
                  (A) Nonapplicability of mandatory separation 
                provisions to certain individuals.--The 
                amendments made by subsections (a)(3) and 
                (b)(6), respectively, shall not apply to an 
                individual first appointed as a customs and 
                border protection officer before the effective 
                date under paragraph (1).
                  (B) Treatment of prior cbpo service.--
                          (i) General rule.--Except as provided 
                        in clause (ii), nothing in this section 
                        or any amendment made by this section 
                        shall be considered to apply with 
                        respect to any service performed as a 
                        customs and border protection officer 
                        before the effective date under 
                        paragraph (1).
                          (ii) Exception.--Service described in 
                        section 8331(31) or 8401(36) of title 
                        5, United States Code (as amended by 
                        this section) rendered before the 
                        effective date under paragraph (1) may 
                        be taken into account to determine if 
                        an individual who is serving on or 
                        after such effective date then 
                        qualifies as a customs and border 
                        protection officer by virtue of holding 
                        a supervisory or administrative 
                        position in the Department of Homeland 
                        Security.
                  (C) Minimum annuity amount.--The annuity of 
                an individual serving as a customs and border 
                protection officer on the effective date under 
                paragraph (1) pursuant to an appointment made 
                before that date shall, to the extent that its 
                computation is based on service rendered as a 
                customs and border protection officer on or 
                after that date, be at least equal to the 
                amount that would be payable--
                          (i) to the extent that such service 
                        is subject to the Civil Service 
                        Retirement System, by applying section 
                        8339(d) of title 5, United States Code, 
                        with respect to such service; and
                          (ii) to the extent such service is 
                        subject to the Federal Employees' 
                        Retirement System, by applying section 
                        8415(d) of title 5, United States Code, 
                        with respect to such service.
                  (D) Rule of construction.--Nothing in the 
                amendment made by subsection (c) shall be 
                considered to apply with respect to any 
                appointment made before the effective date 
                under paragraph (1).
          (3) Election.--
                  (A) Incumbent defined.--For purposes of this 
                paragraph, the term ``incumbent'' means an 
                individual who is serving as a customs and 
                border protection officer on the date of the 
                enactment of this Act.
                  (B) Notice requirement.--Not later than 30 
                days after the date of the enactment of this 
                Act, the Director of the Office of Personnel 
                Management shall take measures reasonably 
                designed to ensure that incumbents are notified 
                as to their election rights under this 
                paragraph, and the effect of making or not 
                making a timely election.
                  (C) Election available to incumbents.--
                          (i) In general.--An incumbent may 
                        elect, for all purposes, either--
                                  (I) to be treated in 
                                accordance with the amendments 
                                made by subsection (a) or (b), 
                                as applicable; or
                                  (II) to be treated as if 
                                subsections (a) and (b) had 
                                never been enacted.

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

``555. Border tunnels and passages.''.

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

           ``Subtitle J--Secure Handling of Ammonium Nitrate

``SEC. 899A. DEFINITIONS.

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

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

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

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

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

``SEC. 899D. ADMINISTRATIVE PROVISIONS.

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

``SEC. 899E. THEFT REPORTING REQUIREMENT.

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

``SEC. 899F. PROHIBITIONS AND PENALTY.

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

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

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

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

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

``SEC. 899I. DEADLINES FOR REGULATIONS.

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

``SEC. 899J. AUTHORIZATION OF APPROPRIATIONS.

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

            ``Subtitle J--Secure Handling of Ammonium Nitrate

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

                                TITLE VI


           BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

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

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


                                TITLE I


                       DEPARTMENT OF THE INTERIOR


                       Bureau of Land Management


                   management of lands and resources

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

                              CONSTRUCTION

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

                            LAND ACQUISITION

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

                   OREGON AND CALIFORNIA GRANT LANDS

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

               FOREST ECOSYSTEM HEALTH AND RECOVERY FUND

                   (REVOLVING FUND, SPECIAL ACCOUNT)

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

                           RANGE IMPROVEMENTS

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

               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

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

                       MISCELLANEOUS TRUST FUNDS

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

                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFER OF FUNDS)

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

                       administrative provisions

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

                United States Fish and Wildlife Service


                          resource management

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

                              CONSTRUCTION

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

                            land acquisition

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

            COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND

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

                     national wildlife refuge fund

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

               NORTH AMERICAN WETLANDS CONSERVATION FUND

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

                NEOTROPICAL MIGRATORY BIRD CONSERVATION

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

                MULTINATIONAL SPECIES CONSERVATION FUND

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

                    state and tribal wildlife grants

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

                       ADMINISTRATIVE PROVISIONS

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

                         National Park Service


                 operation of the national park system

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

                          CENTENNIAL CHALLENGE

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

                  NATIONAL RECREATION AND PRESERVATION

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

                       historic preservation fund


                     (INCLUDING TRANSFERS OF FUNDS)

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

                              CONSTRUCTION

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

                    LAND AND WATER CONSERVATION FUND

                              (RESCISSION)

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

                 LAND ACQUISITION AND STATE ASSISTANCE

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

                       administrative provisions

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

                    United States Geological Survey


                 surveys, investigations, and research

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

                       administrative provisions

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

                      Minerals Management Service


                ROYALTY AND OFFSHORE MINERALS MANAGEMENT

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

                           OIL SPILL RESEARCH

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

                       administrative provisions

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

          Office of Surface Mining Reclamation and Enforcement


                       regulation and technology

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

                    abandoned mine reclamation fund

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

                        administrative provision

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

                        Bureau of Indian Affairs


                      operation of indian programs


                     (INCLUDING TRANSFER OF FUNDS)

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

                              construction


                     (INCLUDING TRANSFER OF FUNDS)

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

 INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS PAYMENTS TO 
                                INDIANS

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

                 indian guaranteed loan program account

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

                       administrative provisions

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

                          Departmental Offices


                        Office of the Secretary


                         SALARIES AND EXPENSES

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

                            Insular Affairs


                       assistance to territories

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

                      COMPACT OF FREE ASSOCIATION

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

                        Office of the Solicitor


                         salaries and expenses

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

                      Office of Inspector General


                         SALARIES AND EXPENSES

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

             Office of Special Trustee for American Indians


                         FEDERAL TRUST PROGRAMS

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

                       INDIAN LAND CONSOLIDATION

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

                        Department-wide Programs


                       PAYMENTS IN LIEU OF TAXES

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

                    central hazardous materials fund

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

           NATURAL RESOURCE DAMAGE ASSESSMENT AND RESTORATION

                NATURAL RESOURCE DAMAGE ASSESSMENT FUND

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

                          WORKING CAPITAL FUND

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

                       administrative provisions

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

             General Provisions, Department of the Interior


                     (INCLUDING TRANSFERS OF FUNDS)

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

                                TITLE II


                    ENVIRONMENTAL PROTECTION AGENCY


                         Science and Technology

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

                 Environmental Programs and Management

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

                      Office of Inspector General

  For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 
1978, as amended, and for construction, alteration, repair, 
rehabilitation, and renovation of facilities, not to exceed 
$85,000 per project, $41,750,000, to remain available until 
September 30, 2009.

                        Buildings and Facilities

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

                     Hazardous Substance Superfund


                     (INCLUDING TRANSFERS OF FUNDS)

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

          Leaking Underground Storage Tank Trust Fund Program

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

                           Oil Spill Response

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

                   State And Tribal Assistance Grants

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

       Administrative Provisions, Environmental Protection Agency


                    (INCLUDING RESCISSION OF FUNDS)

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

                               TITLE III


                            RELATED AGENCIES


                       DEPARTMENT OF AGRICULTURE


                             Forest Service


                     FOREST AND RANGELAND RESEARCH

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

                       state and private forestry

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

                         NATIONAL FOREST SYSTEM

                     (INCLUDING TRANSFERS OF FUNDS)

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

                  capital improvement and maintenance


                     (INCLUDING TRANSFERS OF FUNDS)

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

                            LAND ACQUISITION

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

         ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS

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

            acquisition of lands to complete land exchanges

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

                         RANGE BETTERMENT FUND

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

    GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND RESEARCH

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

        MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES

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

                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFERS OF FUNDS)

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

               administrative provisions, forest service

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

                DEPARTMENT OF HEALTH AND HUMAN SERVICES


                         Indian Health Service


                         INDIAN HEALTH SERVICES

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

                        INDIAN HEALTH FACILITIES

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

            ADMINISTRATIVE PROVISIONS, INDIAN HEALTH SERVICE

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

                     National Institutes of Health


          national institute of environmental health sciences

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

            Agency for Toxic Substances and Disease Registry


            toxic substances and environmental public health

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

                         OTHER RELATED AGENCIES


                   Executive Office of the President


  council on environmental quality and office of environmental quality

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

             Chemical Safety and Hazard Investigation Board


                         salaries and expenses

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

              Office of Navajo and Hopi Indian Relocation


                         SALARIES AND EXPENSES

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

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        payment to the institute

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

                        Smithsonian Institution


                         SALARIES AND EXPENSES

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

                           facilities capital

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

                              Legacy Fund

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

                        National Gallery of Art


                         SALARIES AND EXPENSES

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

            REPAIR, RESTORATION AND RENOVATION OF BUILDINGS

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

             John F. Kennedy Center for the Performing Arts


                       OPERATIONS AND MAINTENANCE

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

                     CAPITAL REPAIR AND RESTORATION

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

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

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

           National Foundation on the Arts and the Humanities


                    National Endowment for the Arts


                       GRANTS AND ADMINISTRATION

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

                 National Endowment for the Humanities


                       GRANTS AND ADMINISTRATION

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

                            MATCHING GRANTS

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

                       Administrative Provisions

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

                        Commission of Fine Arts


                         salaries and expenses

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

               National Capital Arts and Cultural Affairs

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

               Advisory Council on Historic Preservation


                         SALARIES AND EXPENSES

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

                  National Capital Planning Commission


                         SALARIES AND EXPENSES

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

                United States Holocaust Memorial Museum


                       HOLOCAUST MEMORIAL MUSEUM

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

                             Presidio Trust


                          PRESIDIO TRUST FUND

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

      White House Commission on the National Moment of Remembrance


                         SALARIES AND EXPENSES

                     (INCLUDING TRANSFER OF FUNDS)

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

                DWIGHT D. EISENHOWER MEMORIAL COMMISSION


                         Salaries and Expenses

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

                                TITLE IV


                           GENERAL PROVISIONS


                     (INCLUDING TRANSFERS OF FUNDS)

  Sec. 401. The expenditure of any appropriation under this Act 
for any consulting service through procurement contract, 
pursuant to 5 U.S.C. 3109, shall be limited to those contracts 
where such expenditures are a matter of public record and 
available for public inspection, except where otherwise 
provided under existing law, or under existing Executive Order 
issued pursuant to existing law.
  Sec. 402. No part of any appropriation contained in this Act 
shall be available for any activity or the publication or 
distribution of literature that in any way tends to promote 
public support or opposition to any legislative proposal on 
which Congressional action is not complete other than to 
communicate to Members of Congress as described in 18 U.S.C. 
1913.
  Sec. 403. No part of any appropriation contained in this Act 
shall remain available for obligation beyond the current fiscal 
year unless expressly so provided herein.
  Sec. 404. None of the funds provided in this Act to any 
department or agency shall be obligated or expended to provide 
a personal cook, chauffeur, or other personal servants to any 
officer or employee of such department or agency except as 
otherwise provided by law.
  Sec. 405. Estimated overhead charges, deductions, reserves or 
holdbacks from programs, projects, activities and subactivities 
to support government-wide, departmental, agency or bureau 
administrative functions or headquarters, regional or central 
operations shall be presented in annual budget justifications 
and subject to approval by the Committees on Appropriations. 
Changes to such estimates shall be presented to the Committees 
on Appropriations for approval.
  Sec. 406. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of 
the United States Government except pursuant to a transfer made 
by, or transfer provided in, this Act or any other Act.
  Sec. 407. None of the funds in this Act may be used to plan, 
prepare, or offer for sale timber from trees classified as 
giant sequoia (Sequoiadendron giganteum) which are located on 
National Forest System or Bureau of Land Management lands in a 
manner different than such sales were conducted in fiscal year 
2006.
  Sec. 408. (a) Limitation of Funds.--None of the funds 
appropriated or otherwise made available pursuant to this Act 
shall be obligated or expended to accept or process 
applications for a patent for any mining or mill site claim 
located under the general mining laws.
  (b) Exceptions.--The provisions of subsection (a) shall not 
apply if the Secretary of the Interior determines that, for the 
claim concerned: (1) a patent application was filed with the 
Secretary on or before September 30, 1994; and (2) all 
requirements established under sections 2325 and 2326 of the 
Revised Statutes (30 U.S.C. 29 and 30) for vein or lode claims 
and sections 2329, 2330, 2331, and 2333 of the Revised Statutes 
(30 U.S.C. 35, 36, and 37) for placer claims, and section 2337 
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as 
the case may be, were fully complied with by the applicant by 
that date.
  (c) Report.--On September 30, 2008, the Secretary of the 
Interior shall file with the House and Senate Committees on 
Appropriations and the Committee on Resources of the House of 
Representatives and the Committee on Energy and Natural 
Resources of the Senate a report on actions taken by the 
Department under the plan submitted pursuant to section 314(c) 
of the Department of the Interior and Related Agencies 
Appropriations Act, 1997 (Public Law 104-208).
  (d) Mineral Examinations.--In order to process patent 
applications in a timely and responsible manner, upon the 
request of a patent applicant, the Secretary of the Interior 
shall allow the applicant to fund a qualified third-party 
contractor to be selected by the Bureau of Land Management to 
conduct a mineral examination of the mining claims or mill 
sites contained in a patent application as set forth in 
subsection (b). The Bureau of Land Management shall have the 
sole responsibility to choose and pay the third-party 
contractor in accordance with the standard procedures employed 
by the Bureau of Land Management in the retention of third-
party contractors.
  Sec. 409. Notwithstanding any other provision of law, amounts 
appropriated to or otherwise designated in committee reports 
for the Bureau of Indian Affairs and the Indian Health Service 
by Public Laws 103-138, 103-332, 104-134, 104-208, 105-83, 105-
277, 106-113, 106-291, 107-63, 108-7, 108-108, 108-447, 109-54, 
109-289, division B and Continuing Appropriations Resolution, 
2007 (division B of Public Law 109-289, as amended by Public 
Law 110-5) for payments for contract support costs associated 
with self-determination or self-governance contracts, grants, 
compacts, or annual funding agreements with the Bureau of 
Indian Affairs or the Indian Health Service as funded by such 
Acts, are the total amounts available for fiscal years 1994 
through 2007 for such purposes, except that for the Bureau of 
Indian Affairs, tribes and tribal organizations may use their 
tribal priority allocations for unmet contract support costs of 
ongoing contracts, grants, self-governance compacts or annual 
funding agreements.
  Sec. 410. Prior to October 1, 2008, the Secretary of 
Agriculture shall not be considered to be in violation of 
subparagraph 6(f)(5)(A) of the Forest and Rangeland Renewable 
Resources Planning Act of 1974 (16 U.S.C. 1604(f)(5)(A)) solely 
because more than 15 years have passed without revision of the 
plan for a unit of the National Forest System. Nothing in this 
section exempts the Secretary from any other requirement of the 
Forest and Rangeland Renewable Resources Planning Act (16 
U.S.C. 1600 et seq.) or any other law: Provided, That if the 
Secretary is not acting expeditiously and in good faith, within 
the funding available, to revise a plan for a unit of the 
National Forest System, this section shall be void with respect 
to such plan and a court of proper jurisdiction may order 
completion of the plan on an accelerated basis.
  Sec. 411. No timber sale in Region 10 shall be advertised if 
the indicated rate is deficit when appraised using a residual 
value approach that assigns domestic Alaska values for western 
redcedar. Program accomplishments shall be based on volume 
sold. Should Region 10 sell, in the current fiscal year, the 
annual average portion of the decadal allowable sale quantity 
called for in the current Tongass Land Management Plan in sales 
which are not deficit when appraised using a residual value 
approach that assigns domestic Alaska values for western 
redcedar, all of the western redcedar timber from those sales 
which is surplus to the needs of domestic processors in Alaska, 
shall be made available to domestic processors in the 
contiguous 48 United States at prevailing domestic prices. 
Should Region 10 sell, in the current fiscal year, less than 
the annual average portion of the decadal allowable sale 
quantity called for in the Tongass Land Management Plan in 
sales which are not deficit when appraised using a residual 
value approach that assigns domestic Alaska values for western 
redcedar, the volume of western redcedar timber available to 
domestic processors at prevailing domestic prices in the 
contiguous 48 United States shall be that volume: (1) which is 
surplus to the needs of domestic processors in Alaska; and (2) 
is that percent of the surplus western redcedar volume 
determined by calculating the ratio of the total timber volume 
which has been sold on the Tongass to the annual average 
portion of the decadal allowable sale quantity called for in 
the current Tongass Land Management Plan. The percentage shall 
be calculated by Region 10 on a rolling basis as each sale is 
sold (for purposes of this amendment, a ``rolling basis'' shall 
mean that the determination of how much western redcedar is 
eligible for sale to various markets shall be made at the time 
each sale is awarded). Western redcedar shall be deemed 
``surplus to the needs of domestic processors in Alaska'' when 
the timber sale holder has presented to the Forest Service 
documentation of the inability to sell western redcedar logs 
from a given sale to domestic Alaska processors at a price 
equal to or greater than the log selling value stated in the 
contract. All additional western redcedar volume not sold to 
Alaska or contiguous 48 United States domestic processors may 
be exported to foreign markets at the election of the timber 
sale holder. All Alaska yellow cedar may be sold at prevailing 
export prices at the election of the timber sale holder.
  Sec. 412. No funds provided in this Act may be expended to 
conduct preleasing, leasing and related activities under either 
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer 
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the 
boundaries of a National Monument established pursuant to the 
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary 
existed on January 20, 2001, except where such activities are 
allowed under the Presidential proclamation establishing such 
monument.
  Sec. 413. In entering into agreements with foreign countries 
pursuant to the Wildfire Suppression Assistance Act (42 U.S.C. 
1856m) the Secretary of Agriculture and the Secretary of the 
Interior are authorized to enter into reciprocal agreements in 
which the individuals furnished under said agreements to 
provide wildfire services are considered, for purposes of tort 
liability, employees of the country receiving said services 
when the individuals are engaged in fire suppression: Provided, 
That the Secretary of Agriculture or the Secretary of the 
Interior shall not enter into any agreement under this 
provision unless the foreign country (either directly or 
through its fire organization) agrees to assume any and all 
liability for the acts or omissions of American firefighters 
engaged in firefighting in a foreign country: Provided further, 
That when an agreement is reached for furnishing fire fighting 
services, the only remedies for acts or omissions committed 
while fighting fires shall be those provided under the laws of 
the host country, and those remedies shall be the exclusive 
remedies for any claim arising out of fighting fires in a 
foreign country: Provided further, That neither the sending 
country nor any legal organization associated with the 
firefighter shall be subject to any legal action whatsoever 
pertaining to or arising out of the firefighter's role in fire 
suppression.
  Sec. 414. In awarding a Federal contract with funds made 
available by this Act, notwithstanding Federal Government 
procurement and contracting laws, the Secretary of Agriculture 
and the Secretary of the Interior (the ``Secretaries'') may, in 
evaluating bids and proposals, give consideration to local 
contractors who are from, and who provide employment and 
training for, dislocated and displaced workers in an 
economically disadvantaged rural community, including those 
historically timber-dependent areas that have been affected by 
reduced timber harvesting on Federal lands and other forest-
dependent rural communities isolated from significant 
alternative employment opportunities: Provided, That 
notwithstanding Federal Government procurement and contracting 
laws the Secretaries may award contracts, grants or cooperative 
agreements to local non-profit entities, Youth Conservation 
Corps or related partnerships with State, local or non-profit 
youth groups, or small or micro-business or disadvantaged 
business: Provided further, That the contract, grant, or 
cooperative agreement is for forest hazardous fuels reduction, 
watershed or water quality monitoring or restoration, wildlife 
or fish population monitoring, or habitat restoration or 
management: Provided further, That the terms ``rural 
community'' and ``economically disadvantaged'' shall have the 
same meanings as in section 2374 of Public Law 101-624: 
Provided further, That the Secretaries shall develop guidance 
to implement this section: Provided further, That nothing in 
this section shall be construed as relieving the Secretaries of 
any duty under applicable procurement laws, except as provided 
in this section.
  Sec. 415. (a) Limitation on Competitive Sourcing Studies.--
          (1) Of the funds made available by this or any other 
        Act to the Department of the Interior for fiscal year 
        2008, not more than $3,450,000 may be used by the 
        Secretary of the Interior to initiate or continue 
        competitive sourcing studies in fiscal year 2008 for 
        programs, projects, and activities for which funds are 
        appropriated by this Act.
          (2) None of the funds made available by this or any 
        other Act may be used in fiscal year 2008 for 
        competitive sourcing studies and any related activities 
        involving Forest Service personnel.
  (b) Competitive Sourcing Study Defined.--In this section, the 
term ``competitive sourcing study'' means a study on subjecting 
work performed by Federal Government employees or private 
contractors to public-private competition or on converting the 
Federal Government employees or the work performed by such 
employees to private contractor performance under the Office of 
Management and Budget Circular A-76 or any other administrative 
regulation, directive, or policy.
  (c) Competitive Sourcing Exemption for Forest Service Studies 
Conducted Prior to Fiscal Year 2006.--The Forest Service is 
hereby exempted from implementing the Letter of Obligation and 
post-competition accountability guidelines where a competitive 
sourcing study involved 65 or fewer full-time equivalents, the 
performance decision was made in favor of the agency provider, 
no net savings was achieved by conducting the study, and the 
study was completed prior to the date of this Act.
  (d) In preparing any reports to the Committees on 
Appropriations on competitive sourcing activities, agencies 
funded in this Act shall include all costs attributable to 
conducting the competitive sourcing competitions and staff work 
to prepare for competitions or to determine the feasibility of 
starting competitions, including costs attributable to paying 
outside consultants and contractors and, in accordance with 
full cost accounting principles, all costs attributable to 
developing, implementing, supporting, managing, monitoring, and 
reporting on competitive sourcing, including personnel, 
consultant, travel, and training costs associated with program 
management.
  (e) In carrying out any competitive sourcing study involving 
Department of the Interior employees, the Secretary of the 
Interior shall--
          (1) determine whether any of the employees concerned 
        are also qualified to participate in wildland fire 
        management activities; and
          (2) take into consideration the effect that 
        contracting with a private sector source would have on 
        the ability of the Department of the Interior to 
        effectively and efficiently fight and manage wildfires.
  Sec. 416. Section 331 of the Department of the Interior and 
Related Agencies Appropriations Act, 2000, regarding the pilot 
program to enhance Forest Service administration of rights-of-
way (as enacted into law by section 1000(a)(3) of Public Law 
106-113; 113 Stat. 1501A-196; 16 U.S.C. 497 note), as amended, 
is amended--
          (1) in subsection (a) by striking ``2006'' and 
        inserting ``2012''; and
          (2) in subsection (b) by striking ``2006'' and 
        inserting ``2012''.
  Sec. 417. Section 321 of the Department of the Interior and 
Related Agencies Appropriations Act, 2003, regarding Forest 
Service cooperative agreements with third parties that are of 
mutually significant benefit (division F of Public Law 108-7; 
117 Stat. 274; 16 U.S.C. 565a-1 note) is amended by striking 
``September 30, 2007'' and inserting ``September 30, 2010''.
  Sec. 418. (a) Notwithstanding any other provision of law and 
until October 1, 2009, the Indian Health Service may not 
disburse funds for the provision of health care services 
pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.) to any 
Alaska Native village or Alaska Native village corporation that 
is located within the area served by an Alaska Native regional 
health entity.
  (b) Nothing in this section shall be construed to prohibit 
the disbursal of funds to any Alaska Native village or Alaska 
Native village corporation under any contract or compact 
entered into prior to May 1, 2006, or to prohibit the renewal 
of any such agreement.
  (c) For the purpose of this section, Eastern Aleutian Tribes, 
Inc. and the Council of Athabascan Tribal Governments shall be 
treated as Alaska Native regional health entities to which 
funds may be disbursed under this section.
  Sec. 419. Unless otherwise provided herein, no funds 
appropriated in this Act for the acquisition of lands or 
interests in lands may be expended for the filing of 
declarations of taking or complaints in condemnation without 
the approval of the House and Senate Committees on 
Appropriations: Provided, That this provision shall not apply 
to funds appropriated to implement the Everglades National Park 
Protection and Expansion Act of 1989, or to funds appropriated 
for Federal assistance to the State of Florida to acquire lands 
for Everglades restoration purposes.
  Sec. 420. Section 337(a) of the Department of the Interior 
and Related Agencies Appropriations Act, 2005 (Public Law 108-
447; 118 Stat. 3012) is amended by striking ``September 30, 
2006'' and inserting ``September 30, 2008''.
  Sec. 421. Section 339 of division E of the Consolidated 
Appropriations Act, 2005 (Public Law 108-447; 118 Stat. 3103) 
is amended--
          (1) by striking ``2005 through 2007'' and inserting 
        ``2005 through 2008''; and
          (2) by adding at the end the following new sentence: 
        ``The categorical exclusion under this section shall 
        not apply with respect to any allotment in a federally 
        designated wilderness area.''.
  Sec. 422. A permit fee collected during fiscal year 2007 by 
the Secretary of Agriculture under the Act of March 4, 1915 (16 
U.S.C. 497) for a marina on the Shasta-Trinity National Forest 
shall be deposited in a special account in the Treasury 
established for the Secretary of Agriculture, and shall remain 
available to the Secretary of Agriculture until expended, 
without further appropriation, for purposes stated in section 
808(a)(3)(A-D) of title VIII of division J of Public Law 108-
447 (16 U.S.C. 6807), and for direct operating or capital costs 
associated with the issuance of a marina permit.
  Sec. 423. The Forest Service shall allocate to the Regions of 
the Forest Service, $15,000,000 from the current balance in the 
``timber roads purchaser election fund'', to remain available 
until expended, for the following purposes: vegetative 
treatments in timber stands at high risk of fire due to insect, 
disease, or drought; road work in support of vegetative 
treatments to support forest health objectives; and maintaining 
infrastructure for the processing of woody fiber in Regions 
where it is critical to sustaining local economies and 
fulfilling the forest health objectives of the Forest Service.
  Sec. 424. (a) Land Sale Authorization.--To offset the acreage 
acquired by the Federal Government upon the acquisition of the 
Elkhorn Ranch in Medora, North Dakota, the Secretary of 
Agriculture (in this section referred to as the ``Secretary'') 
shall sell all right, title, and interest of the United States 
to between 5,195 or 5,205 acres of National Forest System lands 
located in Billings County, North Dakota. It is the intent of 
Congress that there will be no net gain in federally owned land 
in North Dakota as a result of these land conveyances.
  (b) Land Sales.--The Secretary may prescribe reservations, 
terms, and conditions of sale under this section, and may 
configure the descriptions of the land to be sold under this 
section to enhance the marketability of the land or for 
management purposes. The Secretary may utilize brokers or other 
third parties in the sale of land and, from the proceeds of the 
sale, may pay reasonable commissions or fees for services 
rendered.
  (c) Consideration.--As consideration for the purchase of land 
sold under this section, the purchaser shall pay to the 
Secretary an amount, in cash, equal to the fair market value of 
the land, as determined by the Secretary by appraisal or 
competitive sale consistent with Federal law applicable to land 
sales. The Secretary may reject any offer made under this 
section if the Secretary determines, in the absolute discretion 
of the Secretary, that the offer is not adequate or not in the 
public interest;
  (d) Initial Offer.--Under such terms, conditions, and 
procedures as the Secretary may prescribe, any base property 
landowner holding a current permit to graze any land authorized 
for sale under this section shall have a non-assignable first 
right to buy the land, provided that right must be exercised 
within 6 months after the date of the offer from the Secretary;
  (e) Treatment of Proceeds.--Using the proceeds from the sale 
of land under this section, the Secretary shall cover direct 
expenses incurred by the Secretary in conducting the sale. Any 
remaining proceeds shall be deposited into the fund established 
by the Act of December 4, 1967 (commonly known as the Sisk Act; 
16 U.S.C. 484a), and shall be available, until expended, for 
the acquisition of land for inclusion in the National Forest 
System.
  (f) Land Transfers.--The lands are to be conveyed from fiscal 
years 2008 to 2009. In the conveyance of any land authorized by 
this section, the Secretary shall not be required to conduct 
additional environmental analysis, including heritage resource 
analysis, and no sale, offer to sell, or conveyance shall be 
subject to administrative appeal.
  (g) Elkhorn Ranch.--The grazing land lease terms in effect on 
the date of the enactment of this Act relating to the acquired 
Elkhorn Ranch in Medora, North Dakota, shall remain in effect 
until December 31, 2009. After that date, Federal land grazing 
use of the Elkhorn Ranch shall be managed through the grazing 
agreement between the Medora Grazing Association and the Forest 
Service. The Animal Unit Months (AUMs) for both Federal and 
private lands encompassing the Elkhorn Ranch shall become part 
of the grazing agreement held by Medora Grazing Association to 
be reallocated to its members in accordance with their rules in 
effect as of the date of the enactment of this Act.
  (h) The multiple uses of the acquired Elkhorn Ranch shall 
continue.
  Sec. 425. In fiscal year 2008 and thereafter, the Forest 
Service shall not change the eligibility requirements for base 
property, and livestock ownership as they relate to leasing of 
base property and shared livestock agreements for grazing 
permits on the Dakota Prairie Grasslands that were in effect as 
of July 18, 2005.
  Sec. 426. The Arts and Artifacts Indemnity Act (Public Law 
94-158) is amended--
          (1) in section 3(a) by striking ``(B) the exhibition 
        of which is'' and inserting in lieu thereof ``(B) in 
        the case of international exhibitions,''; and
          (2) in section 5(b), by inserting before the period 
        ``for international exhibitions, and $5,000,000,000 at 
        any one time for domestic exhibitions''; and
          (3) in section 5(c), by inserting before the period 
        ``for international exhibitions, or $750,000,000 for 
        domestic exhibitions''.
  Sec. 427. In accordance with authorities available in section 
428, of Public Law 109-54, the Secretary of Agriculture and the 
Secretary of the Interior shall execute an agreement that 
transfers management and oversight of the Great Onyx, Harper's 
Ferry, and Oconaluftee Job Corps Centers to the Forest Service. 
These Job Corps centers shall continue to be administered as 
described in section 147(c) of Public Law 105-220, Workforce 
Investment Act of 1998.
  Sec. 428. The United States Department of Agriculture, Forest 
Service shall seek to collaborate with stakeholders or parties 
in Sierra Forest Legacy, et al v. Weingardt, et al, Civil No. C 
07-001654 (E.D. Cal.), and Sierra Club, et al v. Bosworth, et 
al, Civil No. C 05-00397 (N.D. Cal.), regarding harvest 
operations outside of the Giant Sequoia National Monument in 
relation to the decisions approving the Revised Ice Timber Sale 
and Fuels Reduction Project and the Frog Project, and taking 
into account the terms of the contracts for those projects, and 
in relation to the Record of Decision for the Kings River 
Project, and as appropriate in regard to other disputed fuel 
reduction projects in the area.
  Sec. 429. (a) In General.--Section 636 of division A of the 
Treasury, Postal Service, and General Government Appropriations 
Act, 1997 (5 U.S.C. prec. 5941 note; Public Law 104-208), is 
amended--
          (1) in subsection (b)--
                  (A) in paragraph (1), by striking ``or'';
                  (B) in paragraph (2), by striking the period 
                and inserting ``; or''; and
                  (C) by adding at the end the following:
          ``(3) a temporary fire line manager.''; and
          (2) in subsection (c)--
                  (A) in paragraph (3), by striking ``, and'' 
                and inserting a semicolon;
                  (B) in paragraph (4)(B), by striking the 
                period at the end and inserting ``; and''; and
                  (C) by adding at the end the following:
          ``(5) notwithstanding the definition of the terms 
        `supervisor' and `management official' under section 
        7103(a) of title 5, United States Code, the term 
        `temporary fire line manager' means an employee of the 
        Forest Service or the Department of the Interior, whose 
        duties include, as determined by the employing agency--
                  ``(A) temporary supervision or management of 
                personnel engaged in wildland or managed fire 
                activities;
                  ``(B) providing analysis or information that 
                affects a decision by a supervisor or manager 
                about a wildland or managed fire; or
                  (C) directing the deployment of equipment for 
                a wildland or managed fire.''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall take effect on the date of enactment of this Act.
  Sec. 430. Global Climate Change. (a) The Congress finds 
that--
          (1) greenhouse gases accumulating in the atmosphere 
        are causing average temperatures to rise at a rate 
        outside the range of natural variability and are posing 
        a substantial risk of rising sea-levels, altered 
        patterns of atmospheric and oceanic circulation, and 
        increased frequency and severity of floods, droughts, 
        and wildfires;
          (2) there is a growing scientific consensus that 
        human activity is a substantial cause of greenhouse gas 
        accumulation in the atmosphere; and
          (3) mandatory steps will be required to slow or stop 
        the growth of greenhouse gas emissions into the 
        atmosphere.
  (b) It is the sense of the Congress that there should be 
enacted a comprehensive and effective national program of 
mandatory, market-based limits and incentives on emissions of 
greenhouse gases that slow, stop, and reverse the growth of 
such emissions at a rate and in a manner that: (1) will not 
significantly harm the United States economy; and (2) will 
encourage comparable action by other nations that are major 
trading partners and key contributors to global emissions.
  Sec. 431. None of the funds made available in this Act may be 
used to purchase light bulbs unless the light bulbs have the 
``ENERGY STAR'' or ``Federal Energy Management Program'' 
designation, except in instances where the agency determines 
that ENERGY STAR or FEMP designated light bulbs are not cost-
effective over the life of the light bulbs or are not 
reasonably available to meet the functional requirements of the 
agency.
  Sec. 432. None of the funds made available under this Act may 
be used to promulgate or implement the Environmental Protection 
Agency proposed regulations published in the Federal Register 
on January 3, 2007 (72 Fed. Reg. 69).
  Sec. 433. None of the funds made available by this Act shall 
be used to prepare or publish final regulations regarding a 
commercial leasing program for oil shale resources on public 
lands pursuant to section 369(d) of the Energy Policy Act of 
2005 (Public Law 109-58) or to conduct an oil shale lease sale 
pursuant to subsection 369(e) of such Act.
  Sec. 434. Section 401 of the Herger-Feinstein Quincy Library 
Group Forest Recovery Act, Public Law 105-277, division A, 
Sec. 101(e) [title IV], 112 Stat. 2681-305, is amended--
          (1) In section (g) by striking ``until'' and all that 
        follows and inserting ``until September 30, 2012.'';
          (2) By deleting section (i) and inserting: ``By June 
        1, 2008, the Forest Service shall initiate a 
        collaborative process with the Plaintiffs in Sierra 
        Nevada Forest Prot. Campaign v. Rey, Case No. CIV-S-05-
        0205 MCE/GGH (E.D. Cal.), appeal docketed sub nom. 
        Sierra Forest Legacy v. Rey, No. 07-16892 (9th Cir. 
        Oct. 23, 2007) and the Quincy Library Group to 
        determine whether modifications to the Pilot Project 
        are appropriate for the remainder of the Pilot 
        Project.''; and
          (3) By adding at the end the following:
  ``(m) Sections 104-106 of Public Law 108-148 shall apply to 
projects authorized by this Act.''.
  Sec. 435. In addition to the amounts otherwise provided to 
the Environmental Protection Agency in this Act, $8,000,000, to 
remain available until expended, is provided to EPA to be 
transferred to the Department of the Navy for clean-up 
activities at the Treasure Island Naval Station--Hunters Point 
Annex.
  Sec. 436. In addition to amounts provided to the 
Environmental Protection Agency in this Act, the Oklahoma 
Department of Environmental Quality is provided the amount of 
$3,000,000 for a grant to the Oklahoma Department of 
Environmental Quality for ongoing relocation assistance as 
administered by the Lead Impacted Communities Relocation 
Assistance Trust and as conducted consistent with the use of 
prior unexpended funding for relocation assistance, including 
buy outs of properties, in accordance with section 2301 of 
Public Law 109-234 (120 Stat. 455-466).
  Sec. 437. (a) Across-the-Board Rescissions.--There is hereby 
rescinded an amount equal to 1.56 percent of the budget 
authority provided for fiscal year 2008 for any discretionary 
appropriation in titles I through IV of this Act.
  (b) Proportionate Application.--Any rescission made by 
subsection (a) shall be applied proportionately--
          (1) to each discretionary account and each item of 
        budget authority described in subsection (a); and
          (2) within each such account and item, to each 
        program, project, and activity (with programs, 
        projects, and activities as delineated in the 
        appropriation Act or accompanying reports for the 
        relevant fiscal year covering such account or item, or 
        for accounts and items not included in appropriation 
        Acts, as delineated in the most recently submitted 
        President's budget).
  (c) Indian Land and Water Claim Settlements.--Under the 
heading ``Bureau of Indian Affairs, Indian Land and Water Claim 
Settlements and Miscellaneous Payments to Indians'', the 
across-the-board rescission in this section, and any subsequent 
across-the-board rescission for fiscal year 2008, shall apply 
only to the first dollar amount in the paragraph and the 
distribution of the rescission shall be at the discretion of 
the Secretary of the Interior who shall submit a report on such 
distribution and the rationale therefor to the House and Senate 
Committees on Appropriations.
  (d) OMB Report.--Within 30 days after the date of the 
enactment of this section the Director of the Office of 
Management and Budget shall submit to the Committees on 
Appropriations of the House of Representatives and the Senate a 
report specifying the account and amount of each rescission 
made pursuant to this section.

                                TITLE V


             WILDFIRE SUPPRESSION EMERGENCY APPROPRIATIONS


                       DEPARTMENT OF THE INTERIOR


                       Bureau of Land Management


                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFERS OF FUNDS)

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

                       DEPARTMENT OF AGRICULTURE


                             Forest Service


                        WILDLAND FIRE MANAGEMENT

                     (INCLUDING TRANSFERS OF FUNDS)

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

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


                                TITLE I


                          DEPARTMENT OF LABOR


                 Employment and Training Administration


                    TRAINING AND EMPLOYMENT SERVICES

                        (INCLUDING RESCISSIONS)

  For necessary expenses of the Workforce Investment Act of 
1998 (``WIA''), the Denali Commission Act of 1998, and the 
Women in Apprenticeship and Non-Traditional Occupations Act of 
1992, including the purchase and hire of passenger motor 
vehicles, the construction, alteration, and repair of buildings 
and other facilities, and the purchase of real property for 
training centers as authorized by the WIA; $3,608,349,000, plus 
reimbursements, is available. Of the amounts provided:
          (1) for grants to States for adult employment and 
        training activities, youth activities, and dislocated 
        worker employment and training activities, 
        $2,994,510,000 as follows:
                  (A) $864,199,000 for adult employment and 
                training activities, of which $152,199,000 
                shall be available for the period July 1, 2008 
                to June 30, 2009, and of which $712,000,000 
                shall be available for the period October 1, 
                2008 through June 30, 2009;
                  (B) $940,500,000 for youth activities, which 
                shall be available for the period April 1, 2008 
                through June 30, 2009; and
                  (C) $1,189,811,000 for dislocated worker 
                employment and training activities, of which 
                $341,811,000 shall be available for the period 
                July 1, 2008 through June 30, 2009, and of 
                which $848,000,000 shall be available for the 
                period October 1, 2008 through June 30, 2009:

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

            COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS

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

              FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES

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

     STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE OPERATIONS

  For authorized administrative expenses, $90,517,000, together 
with not to exceed $3,233,436,000 which may be expended from 
the Employment Security Administration Account in the 
Unemployment Trust Fund (``the Trust Fund''), of which:
          (1) $2,497,770,000 from the Trust Fund is for grants 
        to States for the administration of State unemployment 
        insurance laws as authorized under title III of the 
        Social Security Act, the administration of unemployment 
        insurance for Federal employees and for ex-service 
        members as authorized under sections 8501-8523 of title 
        5, United States Code, and the administration of trade 
        readjustment allowances and alternative trade 
        adjustment assistance under the Trade Act of 1974, and 
        shall be available for obligation by the States through 
        December 31, 2008, except that funds used for 
        automation acquisitions shall be available for 
        obligation by the States through September 30, 2010, 
        and funds used for unemployment insurance workloads 
        experienced by the States through September 30, 2008 
        shall be available for Federal obligation through 
        December 31, 2008;
          (2) $9,900,000 from the Trust Fund is for national 
        activities necessary to support the administration of 
        the Federal-State unemployment insurance system;
          (3) $693,000,000 from the Trust Fund, together with 
        $22,883,000 from the General Fund of the Treasury, is 
        for grants to States in accordance with section 6 of 
        the Wagner-Peyser Act, and shall be available for 
        Federal obligation for the period July 1, 2008 through 
        June 30, 2009;
          (4) $32,766,000 from the Trust Fund is for national 
        activities of the Employment Service, including 
        administration of the work opportunity tax credit under 
        section 51 of the Internal Revenue Code of 1986, the 
        administration of activities, including foreign labor 
        certifications, under the Immigration and Nationality 
        Act, and the provision of technical assistance and 
        staff training under the Wagner-Peyser Act, including 
        not to exceed $1,228,000 that may be used for 
        amortization payments to States which had independent 
        retirement plans in their State employment service 
        agencies prior to 1980;
          (5) $52,985,000 from the General Fund is to provide 
        workforce information, national electronic tools, and 
        one-stop system building under the Wagner-Peyser Act 
        and shall be available for Federal obligation for the 
        period July 1, 2008 through June 30, 2009; and
          (6) $14,649,000 from the General Fund is to provide 
        for work incentive grants to the States and shall be 
        available for the period July 1, 2008 through June 30, 
        2009:

Provided, That to the extent that the Average Weekly Insured 
Unemployment (``AWIU'') for fiscal year 2008 is projected by 
the Department of Labor to exceed 2,786,000, an additional 
$28,600,000 from the Trust Fund shall be available for 
obligation for every 100,000 increase in the AWIU level 
(including a pro rata amount for any increment less than 
100,000) to carry out title III of the Social Security Act: 
Provided further, That funds appropriated in this Act that are 
allotted to a State to carry out activities under title III of 
the Social Security Act may be used by such State to assist 
other States in carrying out activities under such title III if 
the other States include areas that have suffered a major 
disaster declared by the President under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act: Provided further, 
That the Secretary of Labor may use funds appropriated for 
grants to States under title III of the Social Security Act to 
make payments on behalf of States for the use of the National 
Directory of New Hires under section 453(j)(8) of such Act: 
Provided further, That funds appropriated in this Act which are 
used to establish a national one-stop career center system, or 
which are used to support the national activities of the 
Federal-State unemployment insurance or immigration programs, 
may be obligated in contracts, grants, or agreements with non-
State entities: Provided further, That funds appropriated under 
this Act for activities authorized under title III of the 
Social Security Act and the Wagner-Peyser Act may be used by 
States to fund integrated Unemployment Insurance and Employment 
Service automation efforts, notwithstanding cost allocation 
principles prescribed under the Office of Management and Budget 
Circular A-87.

        ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS

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

                         PROGRAM ADMINISTRATION

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

               Employee Benefits Security Administration


                         SALARIES AND EXPENSES

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

                  Pension Benefit Guaranty Corporation


               PENSION BENEFIT GUARANTY CORPORATION FUND

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

                  Employment Standards Administration


                         SALARIES AND EXPENSES

                         (INCLUDING RESCISSION)

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

                            special benefits


                     (INCLUDING TRANSFER OF FUNDS)

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

               SPECIAL BENEFITS FOR DISABLED COAL MINERS

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

    ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL ILLNESS 
                           COMPENSATION FUND

                     (INCLUDING TRANSFER OF FUNDS)

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

                    BLACK LUNG DISABILITY TRUST FUND

                     (INCLUDING TRANSFER OF FUNDS)

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

             Occupational Safety and Health Administration


                         SALARIES AND EXPENSES

  For necessary expenses for the Occupational Safety and Health 
Administration, $494,641,000, including not to exceed 
$91,093,000 which shall be the maximum amount available for 
grants to States under section 23(g) of the Occupational Safety 
and Health Act (the ``Act''), which grants shall be no less 
than 50 percent of the costs of State occupational safety and 
health programs required to be incurred under plans approved by 
the Secretary of Labor under section 18 of the Act; and, in 
addition, notwithstanding 31 U.S.C. 3302, the Occupational 
Safety and Health Administration may retain up to $750,000 per 
fiscal year of training institute course tuition fees, 
otherwise authorized by law to be collected, and may utilize 
such sums for occupational safety and health training and 
education grants: Provided, That, notwithstanding 31 U.S.C. 
3302, the Secretary is authorized, during the fiscal year 
ending September 30, 2008, to collect and retain fees for 
services provided to Nationally Recognized Testing 
Laboratories, and may utilize such sums, in accordance with the 
provisions of 29 U.S.C. 9a, to administer national and 
international laboratory recognition programs that ensure the 
safety of equipment and products used by workers in the 
workplace: Provided further, That none of the funds 
appropriated under this paragraph shall be obligated or 
expended to prescribe, issue, administer, or enforce any 
standard, rule, regulation, or order under the Act which is 
applicable to any person who is engaged in a farming operation 
which does not maintain a temporary labor camp and employs 10 
or fewer employees: Provided further, That no funds 
appropriated under this paragraph shall be obligated or 
expended to administer or enforce any standard, rule, 
regulation, or order under the Act with respect to any employer 
of 10 or fewer employees who is included within a category 
having a Days Away, Restricted, or Transferred (DART) 
occupational injury and illness rate, at the most precise 
industrial classification code for which such data are 
published, less than the national average rate as such rates 
are most recently published by the Secretary, acting through 
the Bureau of Labor Statistics, in accordance with section 24 
of the Act, except--
          (1) to provide, as authorized by the Act, 
        consultation, technical assistance, educational and 
        training services, and to conduct surveys and studies;
          (2) to conduct an inspection or investigation in 
        response to an employee complaint, to issue a citation 
        for violations found during such inspection, and to 
        assess a penalty for violations which are not corrected 
        within a reasonable abatement period and for any 
        willful violations found;
          (3) to take any action authorized by the Act with 
        respect to imminent dangers;
          (4) to take any action authorized by the Act with 
        re