    [110th Congress Public Law 161]
    [From the U.S. Government Publishing Office]

    [DOCID: f:publ161.110]

    [[Page 1843]]

                      CONSOLIDATED APPROPRIATIONS ACT, 2008

    [[Page 121 STAT. 1844]]

    Public Law 110-161
    110th Congress

                                     An Act

     Making appropriations for the Department of State, foreign operations,
    and related programs for the fiscal year ending September 30, 2008, and
           for other <<NOTE: Dec. 26, 2007 -  [H.R. 2764]>> purposes.

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress <<NOTE: Consolidated Appropriations
    Act, 2007.>> assembled,

    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

    [[Page 121 STAT. 1845]]

    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

    DIVISION L--EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR OPERATION ENDURING
                         FREEDOM AND FOR OTHER PURPOSES

    SEC. 3. <<NOTE: 1 USC 1 note.>> 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.

    [[Page 121 STAT. 1846]]

    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, <<NOTE: Agriculture, Rural Development, Food
       and Drug Administration, and Related Agencies Appropriations Act,
      2008.>> 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.

    [[Page 121 STAT. 1847]]

                             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, <<NOTE: Reports.>> 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, <<NOTE: Notification.>> 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.

    [[Page 121 STAT. 1848]]

                         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.

    [[Page 121 STAT. 1849]]

                         Office of the Inspector General

        For necessary expenses of the Office of the 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, <<NOTE: 7 USC 2254.>> 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

    [[Page 121 STAT. 1850]]

    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, <<NOTE: Maryland.>> 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, <<NOTE: Tobacco and tobacco products. 7 USC 2254a.>> 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.

    [[Page 121 STAT. 1851]]

    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, <<NOTE: Tobacco and tobacco products. 7 USC
    2254b.>> 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

    [[Page 121 STAT. 1852]]

    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

    [[Page 121 STAT. 1853]]

    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.

    [[Page 121 STAT. 1854]]

                         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, <<NOTE: Notification.>> 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 5 percent may be available for
    administrative expenses.

    [[Page 121 STAT. 1855]]

             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, <<NOTE: Notification.>> 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, <<NOTE: Employment
    positions.>> 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.

    [[Page 121 STAT. 1856]]

    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).

    [[Page 121 STAT. 1857]]

               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, <<NOTE: Pink
    Bollworm.>> 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, <<NOTE: Notification. Deadline.>> 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

    [[Page 121 STAT. 1858]]

    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

    [[Page 121 STAT. 1859]]

    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.

    [[Page 121 STAT. 1860]]

                         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,

    [[Page 121 STAT. 1861]]

    $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, <<NOTE: Alaska.>> 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, <<NOTE: Contracts.>> 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

    [[Page 121 STAT. 1862]]

    are not receiving such assistance: Provided
    further, <<NOTE: Applicability.>> 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, <<NOTE: Vouchers.>> 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, <<NOTE: Loans.>> 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

    [[Page 121 STAT. 1863]]

    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

    [[Page 121 STAT. 1864]]

    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

    [[Page 121 STAT. 1865]]

    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.

    [[Page 121 STAT. 1866]]

                      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

    [[Page 121 STAT. 1867]]

    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

    [[Page 121 STAT. 1868]]

    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.

    [[Page 121 STAT. 1869]]

                           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

    [[Page 121 STAT. 1870]]

    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, <<NOTE: Armed Forces.>> 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.

    [[Page 121 STAT. 1871]]

                                     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, <<NOTE: Notification.>> 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

    [[Page 121 STAT. 1872]]

    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

    [[Page 121 STAT. 1873]]

    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.

    [[Page 121 STAT. 1874]]

                           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. <<NOTE: 7 USC 2209b note.>> 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

    [[Page 121 STAT. 1875]]

    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.

    [[Page 121 STAT. 1876]]

        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) <<NOTE: Notifications. Deadlines.>> 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.

    [[Page 121 STAT. 1877]]

        (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, <<NOTE: Deadline. Notification.>> 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

    [[Page 121 STAT. 1878]]

    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.

    [[Page 121 STAT. 1879]]

        Sec. 727. <<NOTE: News stories.>> 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.

    [[Page 121 STAT. 1880]]

        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 subsections (g) through (k) as
            subsections (f) through (j), respectively.

        (c) Effective Date.--The <<NOTE: 42 USC 1761 note.>> 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

    [[Page 121 STAT. 1881]]

    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. <<NOTE: State listing.>> 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

    [[Page 121 STAT. 1882]]

            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.

    [[Page 121 STAT. 1883]]

        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);

    [[Page 121 STAT. 1884]]

                (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) <<NOTE: Recission.>> 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) <<NOTE: Applicability.>> 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) <<NOTE: Deadline. Reports.>> 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, <<NOTE: Commerce, Justice, Science, and Related
       Agencies Appropriations Act, 2008.>> JUSTICE, SCIENCE, AND RELATED
    AGENCIES APPROPRIATIONS ACT, 2008

    TITLE <<NOTE: Department of Commerce Appropriations Act, 2008.>> 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

    [[Page 121 STAT. 1885]]

    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, <<NOTE: Applicability.>> 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, <<NOTE: Exemption.>> 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 <<NOTE: 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.

    [[Page 121 STAT. 1886]]

    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 <<NOTE: Applicability.>> 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.

    [[Page 121 STAT. 1887]]

                         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, <<NOTE: 13 USC 5
    note.>> 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

    [[Page 121 STAT. 1888]]

    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, <<NOTE: 35 USC 41 note.>> 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

    [[Page 121 STAT. 1889]]

    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, <<NOTE: Budget estimate. 15 USC 1513b note.>> 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

    [[Page 121 STAT. 1890]]

    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 <<NOTE: Grants.>> 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, <<NOTE: Government organization.>> 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

    [[Page 121 STAT. 1891]]

    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 <<NOTE: Deadline. Reports.>> 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, <<NOTE: Certification.>> 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.

    [[Page 121 STAT. 1892]]

                   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 <<NOTE: Notification. Deadline.>> 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''.

    [[Page 121 STAT. 1893]]

        (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. <<NOTE: Trademark.>> 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. <<NOTE: Regulations. 33 USC note prec. 851.>> 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) <<NOTE: Compensation. Hawaii.>> 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) <<NOTE: Regulations.>> 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.

    [[Page 121 STAT. 1894]]

        (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) <<NOTE: Reports. Deadlines. 33 USC 878a.>> 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;

    [[Page 121 STAT. 1895]]

                (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) <<NOTE: Notification.>> 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.

    [[Page 121 STAT. 1896]]

        (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) <<NOTE: 16 USC 1861 note.>> 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.

    [[Page 121 STAT. 1897]]

        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) <<NOTE: Establishment. Summit. Reports. Deadline.>> 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 <<NOTE: Department of Justice Appropriations Act, 2008.>> 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

    [[Page 121 STAT. 1898]]

    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, <<NOTE: Deadline. Audit. Reports.>> 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.

    [[Page 121 STAT. 1899]]

                                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.

    [[Page 121 STAT. 1900]]

                 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

    [[Page 121 STAT. 1901]]

    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

    [[Page 121 STAT. 1902]]

    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.

    [[Page 121 STAT. 1903]]

                         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, <<NOTE: 18 USC 923 note.>> That, beginning in
    fiscal year 2008

    [[Page 121 STAT. 1904]]

    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.

    [[Page 121 STAT. 1905]]

                              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, <<NOTE: 42 USC 250a.>> 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

    [[Page 121 STAT. 1906]]

    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

    [[Page 121 STAT. 1907]]

                    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

    [[Page 121 STAT. 1908]]

    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;

    [[Page 121 STAT. 1909]]

                (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).

    [[Page 121 STAT. 1910]]

                           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

    [[Page 121 STAT. 1911]]

                    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 to 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

    [[Page 121 STAT. 1912]]

                    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, <<NOTE: 42 USC 3796c-2.>> 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. <<NOTE: Abortion.>> 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

    [[Page 121 STAT. 1913]]

    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. <<NOTE: 5 USC 3104 note.>> 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. <<NOTE: Applicability. 28 USC 533 note.>> 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.

    [[Page 121 STAT. 1914]]

        Sec. 210. <<NOTE: Certification.>> 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) <<NOTE: Effective date. 28 USC 1930 note.>> 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

    [[Page 121 STAT. 1915]]

    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. <<NOTE: Reports. Deadlines.>> 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. <<NOTE: Certification.>> 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, <<NOTE: Notification.>> That the Bureau will
    notify the Committees on Appropriations of any significant changes to
    the baseline.

        Sec. 218. (a) <<NOTE: Reports.>> 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

    [[Page 121 STAT. 1916]]

    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''.

    [[Page 121 STAT. 1917]]

    TITLE <<NOTE: Science Appropriations Act, 2008.>> 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 <<NOTE: Mars.>> 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

    [[Page 121 STAT. 1918]]

    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.

    [[Page 121 STAT. 1919]]

        The <<NOTE: Strategy. 42 USC 16762 note.>> 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. <<NOTE: Deadlines.>> 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 <<NOTE: 42 USC 16611b.>> 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) <<NOTE: Deadline.>> 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.
                        (D) The number of civil service full time equivalent
                    positions considered to be uncovered capacity at each
                    location for each identified fiscal year.

    [[Page 121 STAT. 1920]]

                (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 <<NOTE: Reports. Deadline.>> 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 <<NOTE: Reports. Deadline.>> 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;

    [[Page 121 STAT. 1921]]

                (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

    [[Page 121 STAT. 1922]]

    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

    [[Page 121 STAT. 1923]]

    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, <<NOTE: Notification.>> 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 U.S.C. 5304, notwithstanding
    section 1005(d) of the Legal Services Corporation Act, 42 U.S.C.
    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.

    [[Page 121 STAT. 1924]]

               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, <<NOTE: Negotiations.>> 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. <<NOTE: Contracts.>> 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.

    [[Page 121 STAT. 1925]]

        Sec. 505. (a) <<NOTE: Notifications. Deadlines.>> 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. <<NOTE: 33 USC 891e-1.>> 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. <<NOTE: Religious harassment.>> 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. <<NOTE: Deadline. Reports.>> The Departments of Commerce
    and Justice, the National Science Foundation, and the National
    Aeronautics and Space Administration, shall provide to the House and
    Senate

    [[Page 121 STAT. 1926]]

    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. <<NOTE: Tobacco and tobacco products.>> 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. <<NOTE: 42 USC 10601 note.>> 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. <<NOTE: Discrimination.>> 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. <<NOTE: President. International agreements.>> 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.

    [[Page 121 STAT. 1927]]

        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) <<NOTE: Firearm traces.>> 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) <<NOTE: Audits. Reports. Deadlines.>> 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) <<NOTE: Public information. Website.>> 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) <<NOTE: Certification.>> Any person awarded a grant or contract
    funded by amounts appropriated by this Act shall submit a statement to
    the Secretary

    [[Page 121 STAT. 1928]]

    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) <<NOTE: Effective date.>> 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. <<NOTE: Torture.>> 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) <<NOTE: Exports. Canada.>> 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.

    [[Page 121 STAT. 1929]]

        (d) <<NOTE: Federal Register, publication. President.>> 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) <<NOTE: Reports. Certifications. Deadlines.>> 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 by 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) <<NOTE: Effective date.>> 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--

    [[Page 121 STAT. 1930]]

                (1) mission area (as reflected in the appropriation accounts
            set out for the Administration in H.R. 3093 of the 110th
            Congress, as passed by 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. <<NOTE: Effective date. 16 USC 1853a note.>> 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. <<NOTE: Notification.>> 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

    [[Page 121 STAT. 1931]]

    shall immediately inform the Secretary, Administrator, or Director. The
    Secretary, <<NOTE: Deadline.>> 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:

    [[Page 121 STAT. 1932]]

                ``(2) <<NOTE: Certification.>> 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) <<NOTE: Effective date. 42 USC 2459j note.>> This section shall
    become effective on December 31, 2008.

        Sec. 534. <<NOTE: 5 USC app. 6 note.>> 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. <<NOTE: Contracts. Grants. Certification.>> 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. <<NOTE: ED 1.0 Act. 47 USC 902 note.>> 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));

    [[Page 121 STAT. 1933]]

                        (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) <<NOTE: Grants.>> 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

    [[Page 121 STAT. 1934]]

    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) <<NOTE: Reports. Deadline.>> 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

    [[Page 121 STAT. 1935]]

    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.

    [[Page 121 STAT. 1936]]

                              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.

    [[Page 121 STAT. 1937]]

                  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, <<NOTE: Deadline. Reports.>> 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, <<NOTE: Deadline. Reports.>> 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 <<NOTE: Energy and Water Development and Related
     Agencies Appropriations Act, 2008.>> 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

    [[Page 121 STAT. 1938]]

    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

    [[Page 121 STAT. 1939]]

    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.

    [[Page 121 STAT. 1940]]

                        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.

    [[Page 121 STAT. 1941]]

                               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;

    [[Page 121 STAT. 1942]]

                (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, <<NOTE: Notification.>> 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) <<NOTE: Deadline. Reports.>> 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

    [[Page 121 STAT. 1943]]

                (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. <<NOTE: Deadline. Reports.>> 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.

    [[Page 121 STAT. 1944]]

        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 <<NOTE: 113 Stat. 381.>> 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. <<NOTE: 33 USC 426h.>> Section 227 of Public Law 104-303
    is amended in section 5(a) by striking ``7'' and inserting ``12'' in
    lieu thereof.

        Sec. 114. <<NOTE: 10 USC 3036 note.>> 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

    [[Page 121 STAT. 1945]]

    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) <<NOTE: Ante, p. 1254.>> 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-

    [[Page 121 STAT. 1946]]

                    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. <<NOTE: 16 USC 460-3a.>> 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.

    [[Page 121 STAT. 1947]]

        Sec. 126. <<NOTE: 117 Stat. 1845.>> 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. <<NOTE: Applicability.>> 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, <<NOTE: Ante, p. 1110.>> 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

    [[Page 121 STAT. 1948]]

                (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 <<NOTE: Deadline.>> 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. <<NOTE: Deadline.>> 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; and
                (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'' <<NOTE: 120 Stat. 454.>> 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 <<NOTE: Deadlines.>> 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 <<NOTE: Notification.>> further, That if the

    [[Page 121 STAT. 1949]]

    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,

    [[Page 121 STAT. 1950]]

    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

    [[Page 121 STAT. 1951]]

    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. <<NOTE: New Mexico.>> 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. <<NOTE: Grants. Contracts.>> 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,

    [[Page 121 STAT. 1952]]

    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 <<NOTE: Establishment.>> 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

    [[Page 121 STAT. 1953]]

    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. <<NOTE: Grants. Nevada. California.>> 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. <<NOTE: Nevada. Native Americans. Fish and fishing.>> (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

    [[Page 121 STAT. 1954]]

            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 <<NOTE: Deadline.>> 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__. <<NOTE: 43 USC 390h-21.>> 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).

    [[Page 121 STAT. 1955]]

        ``(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).
        ``(d) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section, $20,000,000.

    ``SEC. 16__. <<NOTE: California. 43 USC 390h-22.>> 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. <<NOTE: North Dakota. Reports.>> 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, <<NOTE: Deadline.>> 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 <<NOTE: 106 Stat.
    4733.>> (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.--

    [[Page 121 STAT. 1956]]

    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__. <<NOTE: 43 USC 390h-23.>> 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 <<NOTE: 43 USC 390h-23 note.>> 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 subsection
    (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.

    [[Page 121 STAT. 1957]]

                   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,

    [[Page 121 STAT. 1958]]

    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 <<NOTE: 42 USC 7269c.>> 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.

    [[Page 121 STAT. 1959]]

                           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 paragraphs (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,

    [[Page 121 STAT. 1960]]

    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 <<NOTE: California. Nevada.>> 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. <<NOTE: Certification. Deadline. Nevada.>> 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

    [[Page 121 STAT. 1961]]

    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 <<NOTE: Deadline. Certification. Nevada.>> 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 <<NOTE: Lobbying.>> 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, <<NOTE: Plan. Deadline.>> 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, <<NOTE: Notification.>> 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.

    [[Page 121 STAT. 1962]]

                           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,

    [[Page 121 STAT. 1963]]

    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.

    [[Page 121 STAT. 1964]]

                   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.

    [[Page 121 STAT. 1965]]

          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, <<NOTE: 16 USC 825s-5.>> 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 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.

     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

    [[Page 121 STAT. 1966]]

    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 <<NOTE: 42 USC 7171
    note.>> 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

    [[Page 121 STAT. 1967]]

    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) <<NOTE: Deadline. Reports.>> 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

    [[Page 121 STAT. 1968]]

    ``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 <<NOTE: 50 USC 2791a.>> 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

    [[Page 121 STAT. 1969]]

                (2) from all discretionary accounts in this title, an amount
            equal to 0.91 percent of the other budget authority provided for
            fiscal year 2008.

        (b) Definitions.--For purposes of this section:
                (1) The term ``congressionally directed project'' means a
            congressional earmark or congressionally directed spending item
            specified in the list of such earmarks and items for this
            division that is included in the explanatory statement described
            in section 4 (in the matter preceding division A of this
            consolidated Act).
                (2) The term ``other budget authority'' means an amount
            equal to all discretionary budget authority, less the amount
            provided for congressionally directed projects.

        (c) Proportionate Application to Other Programs, Projects, and
    Activities.--Any rescission made by subsection (a)(2) shall be applied
    proportionately--
                (1) to each discretionary account; and
                (2) within each such account, to each program, project, and
            activity (with programs, projects, and activities as delineated
            in the appropriation Act or accompanying reports for the
            relevant fiscal year covering such account).

        (d) Report.--Within 30 days after the date of the enactment of this
    section, the Director of the Secretary of Energy shall submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a report specifying the account and amount of each rescission
    made pursuant to this section.

                                    TITLE IV

                              INDEPENDENT AGENCIES

                         Appalachian Regional Commission

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

                     Defense Nuclear Facilities Safety Board

                              Salaries and Expenses

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

    [[Page 121 STAT. 1970]]

                            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

    [[Page 121 STAT. 1971]]

    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. <<NOTE: Lobbying.>> 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''.

    [[Page 121 STAT. 1972]]

    DIVISION D--FINANCIAL <<NOTE: Financial Services and General Government
          Appropriations Act, 2008.>> SERVICES AND GENERAL GOVERNMENT
    APPROPRIATIONS ACT, 2008

    TITLE <<NOTE: Department of the Treasury Appropriations Act, 2008.>> 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

    [[Page 121 STAT. 1973]]

    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.

    [[Page 121 STAT. 1974]]

                Air Transportation Stabilization Program Account

                             (including rescission)

        Sections <<NOTE: 49 USC 40101 note; 115 Stat. 234.>> 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

    [[Page 121 STAT. 1975]]

    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

    [[Page 121 STAT. 1976]]

    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. <<NOTE: Expenditure plan.>> 3109: Provided, That, with the
    exception of labor costs, none of these funds may be

    [[Page 121 STAT. 1977]]

    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. <<NOTE: Confidentiality.>> 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

    [[Page 121 STAT. 1978]]

    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.

    [[Page 121 STAT. 1979]]

        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 <<NOTE: Executive Office of the President Appropriations Act,
    2008.>> 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.

    [[Page 121 STAT. 1980]]

                     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, <<NOTE: Notice. Deadlines.>> 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, <<NOTE: Deadline.>> 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, <<NOTE: Deadline. Reports.>> 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, <<NOTE: Records.>> 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

    [[Page 121 STAT. 1981]]

    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

    [[Page 121 STAT. 1982]]

    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, <<NOTE: Deadline. Policy reviews.>> 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, <<NOTE: Notification.>> 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, <<NOTE: Reports. Deadline.>> 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, <<NOTE: Deadline. Contracts.>> That within two months after the
    date of enactment of this Act, the ONDCP shall

    [[Page 121 STAT. 1983]]

    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, <<NOTE: Spending plan. Deadline.>> 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 <<NOTE: Deadline.>> 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, <<NOTE: Funding
    justification.>> 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, <<NOTE: Budget request.>> 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, <<NOTE: Recommenda- tions. Deadlines.>> 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

    [[Page 121 STAT. 1984]]

    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,

    [[Page 121 STAT. 1985]]

    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. <<NOTE: Notification.>> 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. <<NOTE: Deadline. Financial plan.>> 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, <<NOTE: Reports. Deadlines.>> 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.

    [[Page 121 STAT. 1986]]

        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 <<NOTE: Judiciary Appropriations Act, 2008.>> 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.

    [[Page 121 STAT. 1987]]

         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

    [[Page 121 STAT. 1988]]

    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.

    [[Page 121 STAT. 1989]]

                            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. <<NOTE: Deadline. Financial plan.>> 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. <<NOTE: 28 USC 461 note.>> 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.

    [[Page 121 STAT. 1990]]

        Sec. 306. <<NOTE: Applicability.>> 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 <<NOTE: District of Columbia Appropriations Act, 2008.>> 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 <<NOTE: Accounts.>> 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, <<NOTE: Reports.>> That the Office of
    the Chief Financial Officer shall provide a quarterly financial report
    to the Committees

    [[Page 121 STAT. 1991]]

    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, <<NOTE: Contracts.>> 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, <<NOTE: Reports.>> 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 <<NOTE: Deadline. Notification.>> 30 days
    after providing written

    [[Page 121 STAT. 1992]]

    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 <<NOTE: Contracts. Reports.>> 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

    [[Page 121 STAT. 1993]]

    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, <<NOTE: Records. Public information.>> 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.

    [[Page 121 STAT. 1994]]

          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, <<NOTE: Reports. Deadlines.>> $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.

    [[Page 121 STAT. 1995]]

    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, <<NOTE: Expenditure plan.>> 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 <<NOTE: Reports. Deadlines.>> 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, sec. 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, <<NOTE: Incorpor-
    ation by reference.>> 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,

    [[Page 121 STAT. 1996]]

    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.

    [[Page 121 STAT. 1997]]

                         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. <<NOTE: Deadlines. 42 USC 15381 note.>> (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.

    [[Page 121 STAT. 1998]]

                        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 <<NOTE: 118 Stat. 3997.>> 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.

    [[Page 121 STAT. 1999]]

                           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

    [[Page 121 STAT. 2000]]

    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

    [[Page 121 STAT. 2001]]

    (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 affected 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, <<NOTE: Expiration date.>> 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:

    [[Page 121 STAT. 2002]]

    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 <<NOTE: Expiration date.>> 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,

    [[Page 121 STAT. 2003]]

    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 <<NOTE: Transfer date. Spending
    plan. Project explanation.>> authority provided in this Act: Provided
    further, That such transfers may not

    [[Page 121 STAT. 2004]]

    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, <<NOTE: Study.>> 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

    [[Page 121 STAT. 2005]]

    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. <<NOTE: Contracts. Statement.>> 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

    [[Page 121 STAT. 2006]]

    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, <<NOTE: Expenditure plan.>> 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

    [[Page 121 STAT. 2007]]

    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 <<NOTE: Funding assessment.>> 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.,

    [[Page 121 STAT. 2008]]

    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

    [[Page 121 STAT. 2009]]

    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, <<NOTE: 33 USC 776.>> 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.

    [[Page 121 STAT. 2010]]

                            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.

    [[Page 121 STAT. 2011]]

                            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

    [[Page 121 STAT. 2012]]

    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. <<NOTE: Disaster assistance. Alaska. North
    Dakota. Nevada.>> 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) <<NOTE: Tennessee.>> 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,

    [[Page 121 STAT. 2013]]

    of which $88,864,000 shall not be available for obligation until October
    1, 2008: Provided, <<NOTE: Mail.>> 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. <<NOTE: Contracts.>> 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).

    [[Page 121 STAT. 2014]]

        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, <<NOTE: Deadline. Reports.>> 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

    [[Page 121 STAT. 2015]]

    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 <<NOTE: Request.>> 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. <<NOTE: Abortion.>> 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.

    [[Page 121 STAT. 2016]]

        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 <<NOTE: 20 USC 2009a.>> (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.

    [[Page 121 STAT. 2017]]

                        ``(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

    [[Page 121 STAT. 2018]]

                    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 <<NOTE: 31 USC 5112 note.>> 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.

    [[Page 121 STAT. 2019]]

                                    TITLE VII

                       GENERAL PROVISIONS--GOVERNMENT-WIDE

                     Departments, Agencies, and Corporations

        Sec. 701. <<NOTE: 5 USC 5742 note.>> 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. <<NOTE: 31 USC 1343 note.>> 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. <<NOTE: 5 USC 5101 note.>> 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;

    [[Page 121 STAT. 2020]]

    (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, <<NOTE: Affidavit.>> 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 <<NOTE: Penalties.>> 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

    [[Page 121 STAT. 2021]]

    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. <<NOTE: 5 USC note prec. 5501.>> 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. <<NOTE: 5 USC 5343 note.>> (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) <<NOTE: Regulations.>> 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.

    [[Page 121 STAT. 2022]]

        (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) <<NOTE: Applicability.>> 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;

    [[Page 121 STAT. 2023]]

                (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. <<NOTE: 5 USC 7201 note.>> 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;

    [[Page 121 STAT. 2024]]

                (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,

    [[Page 121 STAT. 2025]]

    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

    [[Page 121 STAT. 2026]]

    the total funds transferred or reimbursed shall not exceed $10,000,000:
    Provided further, <<NOTE: Transfer date. Notification.>> 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, <<NOTE: Reports. Deadline.>> 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

    [[Page 121 STAT. 2027]]

                (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. <<NOTE: Contracts. Contraceptives.>> (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) <<NOTE: Abortion.>> Nothing in this section shall be construed
    to require coverage of abortion or abortion-related services.

        Sec. 733. <<NOTE: Sports. Drugs and drug abuse.>> 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

    [[Page 121 STAT. 2028]]

    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. <<NOTE: Reports. Justification materials. 44 USC 3601
    note.>> (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

    [[Page 121 STAT. 2029]]

    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. <<NOTE: Notification. Deadlines.>> 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. <<NOTE: 31 USC 501 note.>> (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;

    [[Page 121 STAT. 2030]]

                        (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

    [[Page 121 STAT. 2031]]

    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. <<NOTE: Pay increase. Applicability. Effective date. 5 USC
    5303 note.>> (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

    [[Page 121 STAT. 2032]]

    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; <<NOTE: 42 USC 2000e-
    2.>> 5 U.S.C. 552a note) is amended by striking subsection (d) and
    inserting the following:

        ``(d) Inspector <<NOTE: Reports.>> 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. <<NOTE: 5 USC 5701 note.>> 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

    [[Page 121 STAT. 2033]]

    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 <<NOTE: 15 USC 1681b.>> 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

    [[Page 121 STAT. 2034]]

            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. <<NOTE: Website. 5 USC app. 6 note.>> (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.

    [[Page 121 STAT. 2035]]

                (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) <<NOTE: Records. Deadline.>> 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. <<NOTE: Deadline. Records. 41 USC 405 note.>> 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. <<NOTE: 28 USC 461 note.>> 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 title 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.

    [[Page 121 STAT. 2036]]

        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) <<NOTE: Notice. Deadlines. Reports.>> 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 of 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

    [[Page 121 STAT. 2037]]

    individual employed in an appointive or elective position with the
    District of Columbia government after December 7, 2004.
        Sec. 808. <<NOTE: Deadline.>> 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. <<NOTE: Cohabiting couples.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Notice. Deadlines.>> 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

    [[Page 121 STAT. 2038]]

    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) <<NOTE: Reports. Deadlines.>> 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) <<NOTE: Deadline. Records.>> 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. <<NOTE: Voting rights.>> (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. <<NOTE: Needle distribution.>> 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.

    [[Page 121 STAT. 2039]]

        Sec. 815. <<NOTE: Effective date.>> 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 <<NOTE: Deadlines. Records.>> 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. <<NOTE: Contraceptives.>> 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. <<NOTE: Reports.>> 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. <<NOTE: Deadline. Budget.>> (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

    [[Page 121 STAT. 2040]]

    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, sec.
    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) <<NOTE: Applicability.>> 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) <<NOTE: Certification.>> 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) <<NOTE: Notification. Deadline.>> 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.

    [[Page 121 STAT. 2041]]

        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) <<NOTE: Certification.>> 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) <<NOTE: Notification. Deadline.>> 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. <<NOTE: Contingency funds.>> 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. <<NOTE: Drugs and drug abuse.>> (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.

    [[Page 121 STAT. 2042]]

        (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. <<NOTE: Abortion.>> 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. <<NOTE: Incorporation by reference.>> 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 <<NOTE: Department of Homeland Security Appropriations Act,
    2008.>> 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 <<NOTE: Certification. Reports. Records. Deadline.>> expen
    ses: 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

    [[Page 121 STAT. 2043]]

    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 75 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

    [[Page 121 STAT. 2044]]

    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, <<NOTE: Deadline. Expenditure
    plan.>> 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-

    [[Page 121 STAT. 2045]]

    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 <<NOTE: Reports. Deadline.>> 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

    [[Page 121 STAT. 2046]]

    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 <<NOTE: Deadline. Reports.>> 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

    [[Page 121 STAT. 2047]]

            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, <<NOTE: Deadline. Expenditure plan.>> 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;

    [[Page 121 STAT. 2048]]

                (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 decision makers, 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

    [[Page 121 STAT. 2049]]

            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, <<NOTE: Reports. Deadline.>> 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, <<NOTE: Deadline. Federal
    Register, publication.>> 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.

    [[Page 121 STAT. 2050]]

                                  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, <<NOTE: Deadline. Expenditure plan.>> 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

    [[Page 121 STAT. 2051]]

    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, <<NOTE: Reports. Deadline.>> 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 <<NOTE: Certification. Deadlines.>> 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, <<NOTE: Expenditure plan.>> That of the funds made available
    under this heading,

    [[Page 121 STAT. 2052]]

    $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, <<NOTE: Privatization plan.>> 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

    [[Page 121 STAT. 2053]]

    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, <<NOTE: Certification.>> 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, <<NOTE: Expenditure
    plan. Strategic plan. Explosive detection.>> 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, <<NOTE: Deadline.>> That these plans shall be
    submitted no later than 60 days after the date of enactment of this Act.

    [[Page 121 STAT. 2054]]

                              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 <<NOTE: Notification. Deadline.>> 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;

    [[Page 121 STAT. 2055]]

    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, <<NOTE: Expenditure plan.>> 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;

    [[Page 121 STAT. 2056]]

                (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, <<NOTE: Reports.>> 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, <<NOTE: Deadline. 14 USC 663 note.>> 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, <<NOTE: Deadline. Investment plan. 14 USC 663 note.>> 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

    [[Page 121 STAT. 2057]]

                (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.

    [[Page 121 STAT. 2058]]

                          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.

    [[Page 121 STAT. 2059]]

                                    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, <<NOTE: Expenditure plan.>> 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, <<NOTE: Expenditure plan.>> 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;

    [[Page 121 STAT. 2060]]

                (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 decision makers, 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.

    [[Page 121 STAT. 2061]]

                       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, <<NOTE: Federal budget.>> That the
    President's budget submitted under section 1105(a) of title 31, United
    States Code, shall be detailed by the 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, <<NOTE: West Virginia. Pennsylvania.>> That for purposes of
    planning, coordination, execution, and decision-making 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,

    [[Page 121 STAT. 2062]]

            $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).
                (15) $299,300,000 shall be for training, exercises,
            technical assistance, and other programs:

    Provided, That not to exceed 3 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, <<NOTE: Grants. Deadlines.>> 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

    [[Page 121 STAT. 2063]]

    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, <<NOTE: Reports. Deadline.>> 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
    5 percent of the amount available under this heading shall be available
    for program administration.

    [[Page 121 STAT. 2064]]

                     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 3 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 <<NOTE: Reports. 42 USC 5208.>> positions: Provided further,
    That the Federal Emergency Management Agency shall hereafter

    [[Page 121 STAT. 2065]]

    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).

    [[Page 121 STAT. 2066]]

                          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 3 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 4
    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

    [[Page 121 STAT. 2067]]

    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 3 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, <<NOTE: Security checks. Plan.>> 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

    [[Page 121 STAT. 2068]]

    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.

    [[Page 121 STAT. 2069]]

                        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, <<NOTE: Reports. Certification.>> 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, <<NOTE: Certifications.>> 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, <<NOTE: Consultation.>> 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) <<NOTE: Notifications. Deadlines.>> 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,

    [[Page 121 STAT. 2070]]

    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, <<NOTE: Approval. Deadline.>> That any additional activities

    [[Page 121 STAT. 2071]]

    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, <<NOTE: Approval request.>> 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. <<NOTE: Notification. Deadline.>> 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, <<NOTE: Briefing. Deadline.>> 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

    [[Page 121 STAT. 2072]]

    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) <<NOTE: Certification. Reports.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Deadline. Plan.>> 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

    [[Page 121 STAT. 2073]]

    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) <<NOTE: Deadline. Reports.>> 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

    [[Page 121 STAT. 2074]]

    systems, subject to notification: Provided, <<NOTE: Reports.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: 31 USC 501 note.>> 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. <<NOTE: Certification.>> 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. <<NOTE: Deadline. Reports.>> 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. <<NOTE: 120 Stat. 1384.>> 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. <<NOTE: Applicability.>> 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,

    [[Page 121 STAT. 2075]]

    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--

    [[Page 121 STAT. 2076]]

                        (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:

    [[Page 121 STAT. 2077]]

        ``(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 <<NOTE: 5 USC 3307 note.>> 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; <<NOTE: 5 USC 3307 note.>> 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.--

    [[Page 121 STAT. 2078]]

                        (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 <<NOTE: Deadline.>> 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 the 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 the 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

    [[Page 121 STAT. 2079]]

    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, <<NOTE: Reports.>> 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 <<NOTE: Notification. Deadline. Penalties.>> 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

    [[Page 121 STAT. 2080]]

            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 3 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. <<NOTE: Certification.>> 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

    [[Page 121 STAT. 2081]]

    development: Provided, <<NOTE: Expenditure plan.>> 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. <<NOTE: Deadline.>> 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 3 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

    [[Page 121 STAT. 2082]]

    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, <<NOTE: 28 USC 994 note.>> 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. <<NOTE: Deadline. Websites. 5 USC app. 6 note.>> 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. <<NOTE: Contracts.>> 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, <<NOTE: Applicability.>> That
    this section shall apply only to individuals transporting on their
    person a personal-use quantity of the prescription

    [[Page 121 STAT. 2083]]

    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 Fed.
    Reg. 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. <<NOTE: Louisiana.>> 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. <<NOTE: 6 USC 488.>> 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.

    [[Page 121 STAT. 2084]]

    ``SEC. 899B. <<NOTE: 6 USC 488a.>> 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 <<NOTE: Deadline. Notice. Comment period.>> 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

    [[Page 121 STAT. 2085]]

                    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.

    [[Page 121 STAT. 2086]]

                        ``(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 <<NOTE: Deadline.>> 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.

    [[Page 121 STAT. 2087]]

                        ``(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. <<NOTE: 6 USC 488b.>> 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. <<NOTE: 6 USC 488c.>> 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

    [[Page 121 STAT. 2088]]

                    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. <<NOTE: 6 USC 488d.>> 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. <<NOTE: 6 USC 488e.>> 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.

    [[Page 121 STAT. 2089]]

        ``(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 <<NOTE: Regulations.>> 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. <<NOTE: 6 USC 488f.>> 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. <<NOTE: 6 USC 488g.>> 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. <<NOTE: 6 USC 488h.>> DEADLINES FOR REGULATIONS.

        ``The Secretary--

    [[Page 121 STAT. 2090]]

                ``(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. <<NOTE: 6 USC 488i.>> 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) <<NOTE: Expiration date.>> 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

    [[Page 121 STAT. 2091]]

                              ``(ii) <<NOTE: Deadline.>> 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

    [[Page 121 STAT. 2092]]

                    purposes of carrying out the program. Amounts so
                    credited shall remain available until expended.
                        ``(C) Rulemaking.--Within
                    365 <<NOTE: Deadline.>> 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 <<NOTE: Deadline.>> 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 <<NOTE: 49 USC 114 note.>> amendment made
    by subsection (a) shall take effect 180 days after the date of enactment
    of this Act.

        Sec. 569.
    (a) <<NOTE: Deadline. President. Website. Reports.>> 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

    [[Page 121 STAT. 2093]]

    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. <<NOTE: Effective date. Biometric card. 49 USC 114
    note.>> 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, <<NOTE: Applicability.>> That if
    their identity is not confirmed biometrically, the standard identity and
    screening procedures will apply: Provided
    further, <<NOTE: Notification. Deadline.>> 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
    the 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).

    [[Page 121 STAT. 2094]]

    TITLE <<NOTE: Border Infrastructure and Technology Modernization Act of
    2007.>> VI

               BORDER INFRASTRUCTURE AND TECHNOLOGY MODERNIZATION

        Sec. 601. Short <<NOTE: 6 USC 1401 note.>> Title.

        This title may be cited as the ``Border Infrastructure and
    Technology Modernization Act of 2007''.
        Sec. 602. Definitions.--In <<NOTE: 6 USC 1401.>> 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 <<NOTE: Deadline. 6 USC 1402.>> 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.

    [[Page 121 STAT. 2095]]

        (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 <<NOTE: 6 USC 1403.>> Land Border Security Plan.
    (a) Requirement for Plan.--Not <<NOTE: Deadline.>> 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

    [[Page 121 STAT. 2096]]

                        (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 <<NOTE: 6 USC 1404.>> 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

    [[Page 121 STAT. 2097]]

            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 <<NOTE: 6 USC 1405.>> 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 <<NOTE: Department of the Interior,
       Environment, and Related Agencies Appropriations Act, 2008.>> 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.

    [[Page 121 STAT. 2098]]

        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

    [[Page 121 STAT. 2099]]

    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, <<NOTE: 43 USC 1735 note.>> 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.

    [[Page 121 STAT. 2100]]

                            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, <<NOTE: Guidance.>> 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:

    [[Page 121 STAT. 2101]]

    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) <<NOTE: Ante, p. 1342.>> 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, <<NOTE: 28 USC 28f, 28g.>> 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 <<NOTE: 43 USC 1474f.>> to exceed 1 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

    [[Page 121 STAT. 2102]]

    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.

    [[Page 121 STAT. 2103]]

                          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:

    [[Page 121 STAT. 2104]]

    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.

    [[Page 121 STAT. 2105]]

                              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, <<NOTE: Grants. Approval. Consultation.>> 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

    [[Page 121 STAT. 2106]]

    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 <<NOTE: 16 USC 460l-10a note.>> 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.

    [[Page 121 STAT. 2107]]

                            administrative provisions

        For <<NOTE: 16 USC 5954 note.>> 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

    [[Page 121 STAT. 2108]]

    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, <<NOTE: 43 USC 50.>> 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

    [[Page 121 STAT. 2109]]

    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 3 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), <<NOTE: 30 USC 1721 note.>> 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, <<NOTE: 30 USC
    1211 note.>> That appropriations for the Office of Surface Mining
    Reclamation and Enforcement may provide for the travel and per diem
    expenses of State and tribal

    [[Page 121 STAT. 2110]]

    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

    [[Page 121 STAT. 2111]]

    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, <<NOTE: Expiration date.>> 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, <<NOTE: Negotiation.>> 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

    [[Page 121 STAT. 2112]]

    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

    [[Page 121 STAT. 2113]]

    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.

    [[Page 121 STAT. 2114]]

                              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, <<NOTE: 48 USC 1469b.>> 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, <<NOTE: Close Up
    Foundation.>> 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).

    [[Page 121 STAT. 2115]]

                           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, <<NOTE: Statement. Records.>> 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

    [[Page 121 STAT. 2116]]

    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, <<NOTE: 42 USC
    9607 note.>> 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.

    [[Page 121 STAT. 2117]]

                              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

    [[Page 121 STAT. 2118]]

    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 <<NOTE: Determination.>> 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.

    [[Page 121 STAT. 2119]]

        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. <<NOTE: Procedures.>> 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. <<NOTE: Salmon.>> 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

    [[Page 121 STAT. 2120]]

    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. <<NOTE: Renewal.>> 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. <<NOTE: Washington.>> 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

    [[Page 121 STAT. 2121]]

    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 <<NOTE: 16 USC 460ccc-
    4.>> 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)''; and
                (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. <<NOTE: 120 Stat. 2406.>> 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 <<NOTE: 118 Stat. 3072.>> 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. <<NOTE: Land transfer. Oregon. Deadline.>> 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, <<NOTE: Applicability.>> That each
    year after the properties become part of the Refuge, those increments of
    water passively stored on the properties

    [[Page 121 STAT. 2122]]

    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. <<NOTE: 16 USC 431 note.>> 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 <<NOTE: Alaska.>> 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

    [[Page 121 STAT. 2123]]

            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. <<NOTE: Mississippi.>> 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 <<NOTE: 16 USC 111 note.>> 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.

    [[Page 121 STAT. 2124]]

        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,

    [[Page 121 STAT. 2125]]

    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

    [[Page 121 STAT. 2126]]

    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 <<NOTE: Alaska. Deadline.>> 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,

    [[Page 121 STAT. 2127]]

    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.

    [[Page 121 STAT. 2128]]

        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 <<NOTE: Publication. Regulations. Deadlines. Greenhouse
    gas emissions.>> 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.

    [[Page 121 STAT. 2129]]

                             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-

    [[Page 121 STAT. 2130]]

    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.

    [[Page 121 STAT. 2131]]

                            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, <<NOTE: Approval.>> 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, <<NOTE: Notification. Transfer date.>> 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

    [[Page 121 STAT. 2132]]

    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

    [[Page 121 STAT. 2133]]

    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 <<NOTE: 16 USC 556i.>> 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

    [[Page 121 STAT. 2134]]

    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 section 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

    [[Page 121 STAT. 2135]]

    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

    [[Page 121 STAT. 2136]]

    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

    [[Page 121 STAT. 2137]]

    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 <<NOTE: Regulations. Budget request.>> 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.

    [[Page 121 STAT. 2138]]

        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, <<NOTE: Appointment.>> 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.

    [[Page 121 STAT. 2139]]

                 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, <<NOTE: Government organization.>> That the
    Chemical Safety and Hazard Investigation Board (Board) shall have not
    more than three career Senior Executive Service positions: Provided
    further, that notwithstanding <<NOTE: 5 USC app. 8G note.>> 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.

    [[Page 121 STAT. 2140]]

                             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

    [[Page 121 STAT. 2141]]

    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.

    [[Page 121 STAT. 2142]]

               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

    [[Page 121 STAT. 2143]]

    Chairperson: Provided further, That section 309(1) of division E, Public
    Law 108-447, is <<NOTE: 118 Stat. 3094.>> 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

    [[Page 121 STAT. 2144]]

    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. <<NOTE: Contracts.>>  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. <<NOTE: Lobbying.>>  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. <<NOTE: Budget estimates.>>  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.

    [[Page 121 STAT. 2145]]

        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. <<NOTE: Timber.>>  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) <<NOTE: Patents. Mines and mining.>>  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,

    [[Page 121 STAT. 2146]]

    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. <<NOTE: 16 USC 1604 note.>>  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. <<NOTE: Timber. Alaska.>>  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.

    [[Page 121 STAT. 2147]]

        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. <<NOTE: Contracts.>>  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, <<NOTE: Guidance.>>  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

    [[Page 121 STAT. 2148]]

    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--

    [[Page 121 STAT. 2149]]

                (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) <<NOTE: Termination date. Alaskan Natives.>>
    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.

    [[Page 121 STAT. 2150]]

        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) <<NOTE: North Dakota.>>  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

    [[Page 121 STAT. 2151]]

    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) <<NOTE: 20 USC 972.>>  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), <<NOTE: 20 USC 974.>>  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. <<NOTE: Administrative transfers.>>  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;

    [[Page 121 STAT. 2152]]

                        (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) <<NOTE: 5 USC note prec. 5941.>>  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.

    [[Page 121 STAT. 2153]]

        Sec. 434. Section 401 of the Herger-Feinstein Quincy Library Group
    Forest Recovery Act, Public Law 105-277, division A, section 101(e)
    (title IV), 112 Stat. 2681-305, <<NOTE: 16 USC 2104 note.>>  is
    amended--
                (1) In section (g) by striking ``until'' and all that
            follows and inserting ``until September 30, 2012.'';
                (2) By striking subsection (i) and inserting the following:
            ``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) <<NOTE: Applicability.>>  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) <<NOTE: Applicability. Reports.>>  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

    [[Page 121 STAT. 2154]]

    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, <<NOTE: Notification.>>  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, <<NOTE: Notification.>>  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''.

    [[Page 121 STAT. 2155]]

     DIVISION G--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human
       Services, and Education, and Related Agencies Appropriations Act,
    2008. Department of Labor Appropriations Act, 2008.>>  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

    [[Page 121 STAT. 2156]]

                    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, <<NOTE: Deadline.>>  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, <<NOTE: Deadline.>>  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, <<NOTE: Deadline.>>  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 section
                    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

    [[Page 121 STAT. 2157]]

                    section 4 (in the matter preceding division A of this
                    consolidated Act), shall not be subject to the
                    requirements of sections 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 section 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.

    [[Page 121 STAT. 2158]]

         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.
                (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

    [[Page 121 STAT. 2159]]

    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

    [[Page 121 STAT. 2160]]

    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, <<NOTE: Notification.>>  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

    [[Page 121 STAT. 2161]]

    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

    [[Page 121 STAT. 2162]]

    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: <<NOTE: Deadline.>>  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 <<NOTE: 26 USC 9501 note.>>  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

    [[Page 121 STAT. 2163]]

    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, <<NOTE: Farms and farming.>>  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, <<NOTE: Small businesses.>>  That no funds appropriated under
    this paragraph shall be obligated or expended to administer or enforce
    any standard, rule, regulation, or order under the Act with respect to
    any employer of 10 or fewer employees who is included within a category
    having a Days Away, Restricted, or Transferred (DART) occupational
    injury and illness rate, at the most precise industrial classification
    code for which such data are published, less than the national average
    rate as such rates are most recently published by the Secretary, acting
    through the Bureau of Labor Statistics, in accordance with section 24 of
    the Act, except--
                (1) to provide, as authorized by the Act, consultation,
            technical assistance, educational and training services, and to
            conduct surveys and studies;
                (2) to conduct an inspection or investigation in response to
            an employee complaint, to issue a citation for violations found
            during such inspection, and to assess a penalty for violations
            which are not corrected within a reasonable abatement period and
            for any willful violations found;
                (3) to take any action authorized by the Act with respect to
            imminent dangers;
                (4) to take any action authorized by the Act with respect to
            health hazards;
                (5) to take any action authorized by the Act with respect to
            a report of an employment accident which is fatal to one or more
            employees or which results in hospitalization of two or more
            employees, and to take any action pursuant to such investigation
            authorized by the Act; and
                (6) to take any action authorized by the Act with respect to
            complaints of discrimination against employees for exercising
            rights under the Act:

    Provided further, That the foregoing proviso shall not apply to any
    person who is engaged in a farming operation which does not maintain a
    temporary labor camp and employs 10 or fewer employees: Provided
    further, That $10,116,000 shall be available for Susan Harwood training
    grants, of which $3,200,000 shall be used for the Institutional
    Competency Building training grants which commenced in September 2000,
    for program activities for the period of October 1, 2007 to September
    30, 2008, provided that a grantee has demonstrated satisfactory
    performance: Provided further, <<NOTE: Deadline.>>  That such grants
    shall be awarded not later than 30 days after the date of enactment of
    this Act: Provided further, <<NOTE: Reports. Deadlines.>>  That the
    Secretary shall provide a report to the Committees on Appropriations of
    the House of Representatives and the Senate with timetables for the
    development and issuance of occupational safety and health standards on
    beryllium, silica, cranes and derricks, confined space entry in
    construction, and hazard communication

    [[Page 121 STAT. 2164]]

    global harmonization; such timetables shall include actual or estimated
    dates for: the publication of an advance notice of proposed rulemaking,
    the commencement and completion of a Small Business Regulatory
    Enforcement Fairness Act review (if required), the completion of any
    peer review (if required), the submission of the draft proposed rule to
    the Office of Management and Budget for review under Executive Order No.
    12866 (if required), the publication of a proposed rule, the conduct of
    public hearings, the submission of a draft final rule to the Office of
    Management and Budget for review under Executive Order No. 12866 (if
    required), and the issuance of a final rule; and such report shall be
    submitted to the Committees on Appropriations of the House of
    Representatives and the Senate within 90 days of the enactment of this
    Act, with updates provided every 90 days thereafter that shall include
    an explanation of the reasons for any delays in meeting the projected
    timetables for action.

                      Mine Safety and Health Administration

                              Salaries and Expenses

        For necessary expenses for the Mine Safety and Health
    Administration, $339,862,000, including purchase and bestowal of
    certificates and trophies in connection with mine rescue and first-aid
    work, and the hire of passenger motor vehicles, including up to
    $2,000,000 for mine rescue and recovery activities, $2,200,000 for an
    award to the United Mine Workers of America, for classroom and simulated
    rescue training for mine rescue teams, and $1,184,000 for an award to
    the Wheeling Jesuit University, for the National Technology Transfer
    Center for a coal slurry impoundment project; in addition, not to exceed
    $750,000 may be collected by the National Mine Health and Safety Academy
    for room, board, tuition, and the sale of training materials, otherwise
    authorized by law to be collected, to be available for mine safety and
    health education and training activities, notwithstanding 31 U.S.C.
    3302; and, in addition, the Mine Safety and Health Administration may
    retain up to $1,000,000 from fees collected for the approval and
    certification of equipment, materials, and explosives for use in
    mines, <<NOTE: 30 USC 962.>>  and may utilize such sums for such
    activities; the Secretary of Labor is authorized to accept lands,
    buildings, equipment, and other contributions from public and private
    sources and to prosecute projects in cooperation with other agencies,
    Federal, State, or private; the Mine Safety and Health Administration is
    authorized to promote health and safety education and training in the
    mining community through cooperative programs with States, industry, and
    safety associations; the Secretary is authorized to recognize the Joseph
    A. Holmes Safety Association as a principal safety association and,
    notwithstanding any other provision of law, may provide funds and, with
    or without reimbursement, personnel, including service of Mine Safety
    and Health Administration officials as officers in local chapters or in
    the national organization; and any funds available to the Department may
    be used, with the approval of the Secretary, to provide for the costs of
    mine rescue and survival operations in the event of a major disaster.

    [[Page 121 STAT. 2165]]

                           Bureau of Labor Statistics

                              Salaries and Expenses

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

                     Office of Disability Employment Policy

                              salaries and expenses

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

                             Departmental Management

                              Salaries and Expenses

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

                               Office of Job Corps

        To carry out subtitle C of title I of the Workforce Investment Act
    of 1998, including Federal administrative expenses, the purchase and
    hire of passenger motor vehicles, the construction, alteration and
    repairs of buildings and other facilities, and the purchase of real
    property for training centers as authorized by the Workforce Investment
    Act; $1,626,855,000, plus reimbursements, as follows:
                (1) $1,485,357,000 for Job Corps Operations, of which
            $894,357,000 is available for obligation for the period July

    [[Page 121 STAT. 2166]]

            1, 2008 through June 30, 2009 and of which $591,000,000 is
            available for obligation for the period October 1, 2008 through
            June 30, 2009.
                (2) $112,920,000 for construction, rehabilitation and
            acquisition of Job Corps Centers, of which $12,920,000 is
            available for the period July 1, 2008 through June 30, 2011 and
            $100,000,000 is available for the period October 1, 2008 through
            June 30, 2011.
                (3) $28,578,000 for necessary expenses of the Office of Job
            Corps is available for obligation for the period October 1, 2007
            through September 30, 2008:

    Provided, That the Office of Job Corps shall have contracting authority:
    Provided further, That no funds from any other appropriation shall be
    used to provide meal services at or for Job Corps centers: Provided
    further, That none of the funds made available in this Act shall be used
    to reduce Job Corps total student training slots below the current level
    of 44,491 in program year 2008.

                        veterans employment and training

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

                           Office of Inspector General

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

                               General Provisions

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

                               (transfer of funds)

        Sec. 102. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Labor in this Act may be transferred between a program,
    project, or activity, but no such program, project, or activity shall be
    increased by more than 3 percent by any such transfer: Provided, That
    the transfer authority granted by this section shall be available only
    to meet emergency needs and shall

    [[Page 121 STAT. 2167]]

    not be used to create any new program or to fund any project or activity
    for which no funds are provided in this Act: Provided
    further, <<NOTE: Notification. Deadline.>>  That the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.

        Sec. 103. In accordance with Executive Order No. 13126, none of the
    funds appropriated or otherwise made available pursuant to this Act
    shall be obligated or expended for the procurement of goods mined,
    produced, manufactured, or harvested or services rendered, whole or in
    part, by forced or indentured child labor in industries and host
    countries already identified by the United States Department of Labor
    prior to enactment of this Act.
        Sec. 104. <<NOTE: Transit subsidy. 5 USC 7905 note.>>  After
    September 30, 2007, the Secretary of Labor shall issue a monthly transit
    subsidy of not less than the full amount (of not less than $110) that
    each of its employees of the National Capital Region is eligible to
    receive.

        Sec. 105. <<NOTE: Reports.>>  None of the funds appropriated in this
    title for grants under section 171 of the Workforce Investment Act of
    1998 may be obligated prior to the preparation and submission of a
    report by the Secretary of Labor to the Committees on Appropriations of
    the House of Representatives and the Senate detailing the planned uses
    of such funds.

        Sec. 106. There is authorized to be appropriated such sums as may be
    necessary to the Denali Commission through the Department of Labor to
    conduct job training of the local workforce where Denali Commission
    projects will be constructed.
        Sec. 107. None of the funds made available to the Department of
    Labor for grants under section 414(c) of the American Competitiveness
    and Workforce Improvement Act of 1998 may be used for any purpose other
    than training in the occupations and industries for which employers are
    using H-1B visas to hire foreign workers, and the related activities
    necessary to support such training: Provided, That the preceding
    limitation shall not apply to multi-year grants awarded prior to June
    30, 2007.
        Sec. 108. None of the funds available in this Act or available to
    the Secretary of Labor from other sources for Community-Based Job
    Training grants and grants authorized under section 414(c) of the
    American Competitiveness and Workforce Improvement Act of 1998 shall be
    obligated for a grant awarded on a non-competitive basis.
        Sec. 109. The Secretary of Labor shall take no action to amend,
    through regulatory or administration action, the definition established
    in 20 CFR 667.220 for functions and activities under title I of the
    Workforce Investment Act of 1998, or to modify, through regulatory or
    administrative action, the procedure for redesignation of local areas as
    specified in subtitle B of title I of that Act (including applying the
    standards specified in section 116(a)(3)(B) of that Act, but
    notwithstanding the time limits specified in section 116(a)(3)(B) of
    that Act), until such time as legislation reauthorizing the Act is
    enacted. Nothing in the preceding sentence shall permit or require the
    Secretary of Labor to withdraw approval for such redesignation from a
    State that received the approval not later than October 12, 2005, or to
    revise action taken or modify the redesignation procedure being used by
    the Secretary in order to complete such redesignation for a State that
    initiated the process of such redesignation by submitting any request
    for such redesignation not later than October 26, 2005.

    [[Page 121 STAT. 2168]]

        Sec. 110. None of the funds made available in this or any other Act
    shall be available to finalize or implement any proposed regulation
    under the Workforce Investment Act of 1998, Wagner-Peyser Act of 1933,
    or the Trade Adjustment Assistance Reform Act of 2002 until such time as
    legislation reauthorizing the Workforce Investment Act of 1998 and the
    Trade Adjustment Assistance Reform Act of 2002 is enacted.
        Sec. 111. <<NOTE: Deadline. Reports.>>  None of the funds available
    in this Act may be used to carry out a public-private competition or
    direct conversion under Office of Management and Budget Circular A-76 or
    any successor administrative regulation, directive or policy until 60
    days after the Government Accountability Office provides a report to the
    Committees on Appropriations of the House of Representatives and the
    Senate on the use of competitive sourcing at the Department of Labor.

        Sec. 112. <<NOTE: Deadlines. Regulations. 30 USC 863 note.>>  (a)
    Not later than June 20, 2008, the Secretary of Labor shall propose
    regulations pursuant to section 303(y) of the Federal Mine Safety and
    Health Act of 1977, consistent with the recommendations of the Technical
    Study Panel established pursuant to section 11 of the Mine Improvement
    and New Emergency Response (MINER) Act (Public Law 109-236), to require
    that in any coal mine, regardless of the date on which it was opened,
    belt haulage entries not be used to ventilate active working places
    without prior approval from the Assistant Secretary. Further, a mine
    ventilation plan incorporating the use of air coursed through belt
    haulage entries to ventilate active working places shall not be approved
    until the Assistant Secretary has reviewed the elements of the plan
    related to the use of belt air and determined that the plan at all times
    affords at least the same measure of protection where belt haulage
    entries are not used to ventilate working places. The Secretary shall
    finalize the regulations not later than December 31, 2008.

        (b) <<NOTE: 30 USC 875 note.>>  Not later than June 15, 2008, the
    Secretary of Labor shall propose regulations pursuant to section 315 of
    the Federal Coal Mine Health and Safety Act of 1969, consistent with the
    recommendations of the National Institute for Occupational Safety and
    Health pursuant to section 13 of the MINER Act (Public Law 109-236),
    requiring rescue chambers, or facilities that afford at least the same
    measure of protection, in underground coal mines. The Secretary shall
    finalize the regulations not later than December 31, 2008.

        Sec. 113. None of the funds appropriated in this Act under the
    heading ``Employment and Training Administration'' shall be used by a
    recipient or subrecipient of such funds to pay the salary and bonuses of
    an individual, either as direct costs or indirect costs, at a rate in
    excess of Executive Level II. This limitation shall not apply to vendors
    providing goods and services as defined in OMB Circular A-133. Where
    States are recipients of such funds, States may establish a lower limit
    for salaries and bonuses of those receiving salaries and bonuses from
    subrecipients of such funds, taking into account factors including the
    relative cost-of-living in the State, the compensation levels for
    comparable State or local government employees, and the size of the
    organizations that administer Federal programs involved including
    Employment and Training Administration programs.
        Sec. 114. (a) In this section:

    [[Page 121 STAT. 2169]]

                (1) The term ``covered funds'' means funds provided under
            section 173 of the Workforce Investment Act of 1998 (29 U.S.C.
            2918) to a State that submits an application under that section
            not earlier than May 4, 2007, for a national emergency grant to
            address the effects of the May 4, 2007, Greensburg, Kansas,
            tornado.
                (2) The term ``professional municipal services'' means
            services that are necessary to facilitate the recovery of
            Greensburg, Kansas, from that tornado, and necessary to plan for
            or provide basic management and administrative services, which
            may include--
                        (A) the overall coordination of disaster recovery
                    and humanitarian efforts, oversight, and enforcement of
                    building code compliance, and coordination of health and
                    safety response units; or
                        (B) the delivery of humanitarian assistance to
                    individuals affected by that tornado.

        (b) Covered funds may be used to provide temporary public sector
    employment and services authorized under section 173 of such Act to
    individuals affected by such tornado, including individuals who were
    unemployed on the date of the tornado, or who are without employment
    history, in addition to individuals who are eligible for disaster relief
    employment under section 173(d)(2) of such Act.
        (c) Covered funds may be used to provide professional municipal
    services for a period of not more than 24 months, by hiring or
    contracting with individuals or organizations (including individuals
    employed by contractors) that the State involved determines are
    necessary to provide professional municipal services.
        (d) Covered funds expended under this section may be spent on costs
    incurred not earlier than May 4, 2007.
        This title may be cited as the ``Department of Labor Appropriations
    Act, 2008''.

    TITLE II <<NOTE: Department of Health and Human Services Appropriations
    Act, 2008.>>

                     DEPARTMENT OF HEALTH AND HUMAN SERVICES

                  Health Resources and Services Administration

                          Health Resources and Services

        For carrying out titles II, III, IV, VII, VIII, X, XII, XIX, and
    XXVI of the Public Health Service Act, section 427(a) of the Federal
    Coal Mine Health and Safety Act, title V and sections 1128E, and 711,
    and 1820 of the Social Security Act, the Health Care Quality Improvement
    Act of 1986, the Native Hawaiian Health Care Act of 1988, the Cardiac
    Arrest Survival Act of 2000, and section 712 of the American Jobs
    Creation Act of 2004, $6,978,099,000, of which $309,889,000 shall be
    available for construction and renovation (including equipment) of
    health care and other facilities and other health-related activities
    specified in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act), and of which
    $38,538,000 from general revenues, notwithstanding section 1820(j) of
    the Social Security Act, shall be available for carrying out the
    Medicare rural hospital flexibility grants program under such section:
    Provided, That of the funds made available under this heading,

    [[Page 121 STAT. 2170]]

    $160,000 shall be available until expended for facilities renovations at
    the Gillis W. Long Hansen's Disease Center: Provided further, That
    $40,000,000 of the funding provided for community health centers shall
    be for base grant adjustments for existing health centers: Provided
    further, That in addition to fees authorized by section 427(b) of the
    Health Care Quality Improvement Act of 1986, fees shall be collected for
    the full disclosure of information under the Act sufficient to recover
    the full costs of operating the National Practitioner Data Bank, and
    shall remain available until expended to carry out that Act: Provided
    further, That fees collected for the full disclosure of information
    under the ``Health Care Fraud and Abuse Data Collection Program'',
    authorized by section 1128E(d)(2) of the Social Security Act, shall be
    sufficient to recover the full costs of operating the program, and shall
    remain available until expended to carry out that Act: Provided further,
    That no more than $40,000 is available until expended for carrying out
    the provisions of 42 U.S.C. 233(o) including associated administrative
    expenses and relevant evaluations: Provided further, That no more than
    $44,055,000 is available until expended for carrying out the provisions
    of Public Law 104-73 and for expenses incurred by the Department of
    Health and Human Services pertaining to administrative claims made under
    such law: Provided further, That of the funds made available under this
    heading, $305,315,000 shall be for the program under title X of the
    Public Health Service Act to provide for voluntary family planning
    projects: Provided further, <<NOTE: Abortions.>>  That amounts provided
    to said projects under such title shall not be expended for abortions,
    that all pregnancy counseling shall be nondirective, and that such
    amounts shall not be expended for any activity (including the
    publication or distribution of literature) that in any way tends to
    promote public support or opposition to any legislative proposal or
    candidate for public office: Provided further, That of the funds
    available under this heading, $1,854,800,000 shall remain available to
    the Secretary of Health and Human Services through September 30, 2010,
    for parts A and B of title XXVI of the Public Health Service Act:
    Provided further, That within the amounts provided for part A of title
    XXVI of the Public Health Service Act, funds shall be made available to
    qualifying jurisdictions, within 45 days of enactment, for increasing
    supplemental grants for fiscal year 2008 to metropolitan areas that
    received grant funding in fiscal year 2007 under subparts I and II of
    part A of title XXVI of the Public Health Service Act to ensure that an
    area's total funding under part A for fiscal year 2007, together with
    the amount of this additional funding, is not less than 86.6 percent of
    the amount of such area's total funding under part A for fiscal year
    2006: Provided further, That, notwithstanding section 2603(c)(1) of the
    Public Health Service Act, the additional funding to areas under the
    immediately preceding proviso, which may be used for costs incurred
    during fiscal year 2007, shall be available to the area for obligation
    from the date of the award through the end of the grant year for the
    award: Provided further, That $808,500,000 shall be for State AIDS Drug
    Assistance Programs authorized by section 2616 of the Public Health
    Service Act: Provided further, That in addition to amounts provided
    herein, $25,000,000 shall be available from amounts available under
    section 241 of the Public Health Service Act to carry out parts A, B, C,
    and D of title XXVI of the Public Health Service Act to fund section
    2691 Special Projects of National Significance:

    [[Page 121 STAT. 2171]]

    Provided further, That, notwithstanding section 502(a)(1) and 502(b)(1)
    of the Social Security Act, not to exceed $100,937,000 is available for
    carrying out special projects of regional and national significance
    pursuant to section 501(a)(2) of such Act and $10,586,000 is available
    for projects described in paragraphs (A) through (F) of section
    501(a)(3) of such Act: Provided further, That of the funds provided,
    $39,283,000 shall be provided to the Denali Commission as a direct lump
    payment pursuant to Public Law 106-113: Provided further, That of the
    funds provided, $25,000,000 shall be provided for the Delta Health
    Initiative as authorized in section 219 of this Act and associated
    administrative expenses: Provided further, That notwithstanding section
    747(e)(2) of the PHS Act, not less than $5,000,000 shall be for general
    dentistry programs, not less than $5,000,000 shall be for pediatric
    dentistry programs and not less than $24,614,000 shall be for family
    medicine programs: Provided further, That of the funds available under
    this heading, $9,000,000 shall be provided for the National Cord Blood
    Inventory pursuant to the Stem Cell Therapeutic and Research Act of
    2005.

                Health Education Assistance Loans Program Account

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

                 Vaccine Injury Compensation Program Trust Fund

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

                   Centers for Disease Control and Prevention

                     Disease Control, Research, and Training

        To carry out titles II, III, VII, XI, XV, XVII, XIX, XXI, and XXVI
    of the Public Health Service Act, sections 101, 102, 103, 201, 202, 203,
    301, 501, and 514 of the Federal Mine Safety and Health Act of 1977,
    section 13 of the Mine Improvement and New Emergency Response Act of
    2006, sections 20, 21, and 22 of the Occupational Safety and Health Act
    of 1970, title IV of the Immigration and Nationality Act, section 501 of
    the Refugee Education Assistance Act of 1980, and for expenses necessary
    to support activities related to countering potential biological,
    disease, nuclear, radiological, and chemical threats to civilian
    populations; including purchase and insurance of official motor vehicles
    in foreign countries; and purchase, hire, maintenance, and operation of
    aircraft, $6,156,541,000, of which $56,000,000 shall remain available
    until expended for equipment, construction and renovation of facilities;
    of which $568,803,000 shall remain available until expended for

    [[Page 121 STAT. 2172]]

    the Strategic National Stockpile; of which $27,215,000 shall be
    available for public health improvement activities specified in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act); of which $121,541,000 for
    international HIV/AIDS shall remain available until September 30, 2009;
    and of which $109,000,000 shall be available until expended to provide
    screening and treatment for first response emergency services personnel,
    residents, students, and others related to the September 11, 2001
    terrorist attacks on the World Trade Center: Provided, That of this
    amount, $56,500,000 is designated as described in section 5 (in the
    matter preceding division A of this consolidated Act). In addition, such
    sums as may be derived from authorized user fees, which shall be
    credited to this account: Provided, That in addition to amounts provided
    herein, the following amounts shall be available from amounts available
    under section 241 of the Public Health Service Act: (1) $12,794,000 to
    carry out the National Immunization Surveys; (2) $113,636,000 to carry
    out the National Center for Health Statistics surveys; (3) $24,751,000
    to carry out information systems standards development and architecture
    and applications-based research used at local public health levels; (4)
    $48,523,000 for Health Marketing; (5) $31,000,000 to carry out Public
    Health Research; and (6) $94,969,000 to carry out research activities
    within the National Occupational Research Agenda: Provided
    further, <<NOTE: Gun control.>>  That none of the funds made available
    for injury prevention and control at the Centers for Disease Control and
    Prevention may be used, in whole or in part, to advocate or promote gun
    control: Provided further, That up to $31,800,000 shall be made
    available until expended for Individual Learning Accounts for full-time
    equivalent employees of the Centers for Disease Control and Prevention:
    Provided further, That the Director may redirect the total amount made
    available under authority of Public Law 101-502, section 3, dated
    November 3, 1990, to activities the Director may so designate: Provided
    further, <<NOTE: Notification.>> That the Committees on Appropriations
    of the House of Representatives and the Senate are to be notified
    promptly of any such transfer: Provided further, That not to exceed
    $18,929,000 may be available for making grants under section 1509 of the
    Public Health Service Act to not less than 15 States, tribes, or tribal
    organizations: Provided further, <<NOTE: Contracts.>>  That
    notwithstanding any other provision of law, the Centers for Disease
    Control and Prevention shall award a single contract or related
    contracts for development and construction of the next building or
    facility designated in the Buildings and Facilities Master Plan that
    collectively include the full scope of the project: Provided further,
    That the solicitation and contract shall contain the clause
    ``availability of funds'' found at 48 CFR 52.232-18: Provided further,
    That of the funds appropriated, $10,000 is for official reception and
    representation expenses when specifically approved by the Director of
    the Centers for Disease Control and Prevention: Provided further, That
    employees of the Centers for Disease Control and Prevention or the
    Public Health Service, both civilian and Commissioned Officers, detailed
    to States, municipalities, or other organizations under authority of
    section 214 of the Public Health Service Act, or in overseas
    assignments, shall be treated as non-Federal employees for reporting
    purposes only and shall not be included within any personnel ceiling
    applicable to the Agency, Service, or the Department

    [[Page 121 STAT. 2173]]

    of Health and Human Services during the period of detail or assignment:
    Provided further, That out of funds made available under this heading
    for domestic HIV/AIDS testing, up to $30,000,000 shall be for States
    eligible under section 2625 of the Public Health Service Act as of
    December 31, 2007 and shall be distributed by May 31, 2008 based on
    standard criteria relating to a State's epidemiological profile, and of
    which not more than $1,000,000 may be made available to any one State,
    and any amounts that have not been obligated by May 31, 2008 shall be
    used to make grants authorized by other provisions of the Public Health
    Service Act to States and local public health departments for HIV
    prevention activities.

                          National Institutes of Health

                            National Cancer Institute

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

                    National Heart, Lung, and Blood Institute

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

             National Institute of Dental and Craniofacial Research

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

        National Institute of Diabetes and Digestive and Kidney Diseases

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

             National Institute of Neurological Disorders and Stroke

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

              National Institute of Allergy and Infectious Diseases

                          (including transfer of funds)

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

    [[Page 121 STAT. 2174]]

    with prior notification of such projects to the Committees on
    Appropriations of the House of Representatives and the Senate.

                 National Institute of General Medical Sciences

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

            National Institute of Child Health and Human Development

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

                             National Eye Institute

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

               National Institute of Environmental Health Sciences

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

                           National Institute on Aging

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

      National Institute of Arthritis and Musculoskeletal and Skin Diseases

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

        National Institute on Deafness and Other Communication Disorders

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

                     National Institute of Nursing Research

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

               National Institute on Alcohol Abuse and Alcoholism

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

                        National Institute on Drug Abuse

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

    [[Page 121 STAT. 2175]]

                       National Institute of Mental Health

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

                    National Human Genome Research Institute

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

           National Institute of Biomedical Imaging and Bioengineering

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

                     National Center for Research Resources

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

           National Center for Complementary and Alternative Medicine

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

            National Center on Minority Health and Health Disparities

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

                      john e. fogarty international center

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

                          national library of medicine

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

    [[Page 121 STAT. 2176]]

                             Office of the Director

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

                            Buildings and Facilities

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

            Substance Abuse and Mental Health Services Administration

                   substance abuse and mental health services

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

    [[Page 121 STAT. 2177]]

    under this Act for section 1920(b) activities shall not exceed 5 percent
    of the amounts appropriated for subpart I of part B of title XIX; (3)
    $17,750,000 to carry out national surveys on drug abuse; and (4)
    $4,300,000 to evaluate substance abuse treatment programs: Provided
    further, That section 520E(b)(2) of the Public Health Service Act shall
    not apply to funds appropriated under this Act for fiscal year 2008.

                   Agency for Healthcare Research and Quality

                         Healthcare Research and Quality

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

                   Centers for Medicare and Medicaid Services

                          Grants to States for Medicaid

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

                       Payments to Health Care Trust Funds

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

                               Program Management

        For carrying out, except as otherwise provided, titles XI, XVIII,
    XIX, and XXI of the Social Security Act, titles XIII and XXVII

    [[Page 121 STAT. 2178]]

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

                    Administration for Children and Families

      Payments to States for Child Support Enforcement and Family Support
                                    Programs

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

    [[Page 121 STAT. 2179]]

        For making, after May 31 of the current fiscal year, payments to
    States or other non-Federal entities under titles I, IV-D, X, XI, XIV,
    and XVI of the Social Security Act and the Act of July 5, 1960 (24
    U.S.C. chapter 9), for the last 3 months of the current fiscal year for
    unanticipated costs, incurred for the current fiscal year, such sums as
    may be necessary.

                        low-income home energy assistance

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

                         Refugee and Entrant Assistance

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

        Payments to States for the Child Care and Development Block Grant

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

                           Social Services Block Grant

        For making grants to States pursuant to section 2002 of the Social
    Security Act, $1,700,000,000: Provided, That notwithstanding
    subparagraph (B) of section 404(d)(2) of such Act, the applicable

    [[Page 121 STAT. 2180]]

    percent specified under such subparagraph for a State to carry out State
    programs pursuant to title XX of such Act shall be 10 percent.

                     Children and Families Services Programs

        For carrying out, except as otherwise provided, the Runaway and
    Homeless Youth Act, the Developmental Disabilities Assistance and Bill
    of Rights Act, the Head Start Act, the Child Abuse Prevention and
    Treatment Act, sections 310 and 316 of the Family Violence Prevention
    and Services Act, the Native American Programs Act of 1974, title II of
    the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978
    (adoption opportunities), sections 330F and 330G of the Public Health
    Service Act, the Abandoned Infants Assistance Act of 1988, sections 261
    and 291 of the Help America Vote Act of 2002, part B(1) of title IV and
    sections 413, 1110, and 1115 of the Social Security Act; for making
    payments under the Community Services Block Grant Act, sections 439(i),
    473B, and 477(i) of the Social Security Act, and the Assets for
    Independence Act, and for necessary administrative expenses to carry out
    such Acts and titles I, IV, V, X, XI, XIV, XVI, and XX of the Social
    Security Act, the Act of July 5, 1960 (24 U.S.C. chapter 9), the Low-
    Income Home Energy Assistance Act of 1981, title IV of the Immigration
    and Nationality Act, section 501 of the Refugee Education Assistance Act
    of 1980, and section 505 of the Family Support Act of 1988,
    $9,129,990,000, of which $4,400,000, to remain available until September
    30, 2009, shall be for grants to States for adoption incentive payments,
    as authorized by section 473A of the Social Security Act and may be made
    for adoptions completed before September 30, 2008: Provided, That
    $7,000,270,000 shall be for making payments under the Head Start Act, of
    which $1,388,800,000 shall become available October 1, 2008, and remain
    available through September 30, 2009: Provided further, That
    $705,451,000 shall be for making payments under the Community Services
    Block Grant Act: Provided further, That not less than $8,000,000 shall
    be for section 680(3)(B) of the Community Services Block Grant Act:
    Provided further, That in addition to amounts provided herein,
    $6,000,000 shall be available from amounts available under section 241
    of the Public Health Service Act to carry out the provisions of section
    1110 of the Social Security Act: Provided further, That to the extent
    Community Services Block Grant funds are distributed as grant funds by a
    State to an eligible entity as provided under the Act, and have not been
    expended by such entity, they shall remain with such entity for
    carryover into the next fiscal year for expenditure by such entity
    consistent with program purposes: Provided
    further, <<NOTE: Procedures. 42 USC 9921 note.>>  That the Secretary of
    Health and Human Services shall establish procedures regarding the
    disposition of intangible property which permits grant funds, or
    intangible assets acquired with funds authorized under section 680 of
    the Community Services Block Grant Act to become the sole property of
    such grantees after a period of not more than 12 years after the end of
    the grant for purposes and uses consistent with the original grant:
    Provided further, That funds appropriated for section 680(a)(2) of the
    Community Services Block Grant Act shall be available for financing
    construction and rehabilitation and loans or investments in private
    business enterprises owned by community development corporations:
    Provided further, That $53,625,000 is for a compassion capital fund to
    provide grants

    [[Page 121 STAT. 2181]]

    to charitable organizations to emulate model social service programs and
    to encourage research on the best practices of social service
    organizations: Provided further, That $17,720,000 shall be for
    activities authorized by the Help America Vote Act of 2002, of which
    $12,370,000 shall be for payments to States to promote access for voters
    with disabilities, and of which $5,350,000 shall be for payments to
    States for protection and advocacy systems for voters with disabilities:
    Provided further, That $110,836,000 shall be for making competitive
    grants to provide abstinence education (as defined by section 510(b)(2)
    of the Social Security Act) to adolescents, and for Federal costs of
    administering the grant: <<NOTE: Abstinence education.>>  Provided
    further, That grants under the immediately preceding proviso shall be
    made only to public and private entities which agree that, with respect
    to an adolescent to whom the entities provide abstinence education under
    such grant, the entities will not provide to that adolescent any other
    education regarding sexual conduct, except that, in the case of an
    entity expressly required by law to provide health information or
    services the adolescent shall not be precluded from seeking health
    information or services from the entity in a different setting than the
    setting in which abstinence education was provided: Provided further,
    That within amounts provided herein for abstinence education for
    adolescents, up to $10,000,000 may be available for a national
    abstinence education campaign: Provided further, That in addition to
    amounts provided herein for abstinence education for adolescents,
    $4,500,000 shall be available from amounts available under section 241
    of the Public Health Service Act to carry out evaluations (including
    longitudinal evaluations) of adolescent pregnancy prevention approaches:
    Provided further, That up to $2,000,000 shall be for improving the
    Public Assistance Reporting Information System, including grants to
    States to support data collection for a study of the system's
    effectiveness: Provided further, That $17,301,000 shall be available for
    the projects and in the amounts specified in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act).

                       Promoting Safe and Stable Families

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

           Payments to States for Foster Care and Adoption Assistance

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

    [[Page 121 STAT. 2182]]

                             Administration on Aging

                             Aging Services Programs

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

                             Office of the Secretary

                         General Departmental Management

                          (including transfer of funds)

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

    [[Page 121 STAT. 2183]]

    mechanisms, medical and administrative services deemed necessary for
    such adoptions: Provided further, That such services shall be provided
    consistent with 42 CFR 59.5(a)(4): Provided further, That $4,138,000
    shall be available for the projects and in the amounts specified in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act).

                     Office of Medicare Hearings and Appeals

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

      Office of the National Coordinator for Health Information Technology

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

                           Office of Inspector General

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

                             Office for Civil Rights

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

          Retirement Pay and Medical Benefits for Commissioned Officers

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

    [[Page 121 STAT. 2184]]

                Public Health and Social Services Emergency Fund

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

                               General Provisions

        Sec. 201. Funds appropriated in this title shall be available for
    not to exceed $50,000 for official reception and representation expenses
    when specifically approved by the Secretary of Health and Human
    Services.
        Sec. 202. <<NOTE: Government employees. Children and youth. AIDS.>>
    The Secretary shall make available through assignment not more than 60
    employees of the Public Health Service to assist in child survival
    activities and to work in AIDS programs through and with funds provided
    by the Agency for International Development, the United Nations
    International Children's Emergency Fund or the World Health
    Organization.

        Sec. 203. None of the funds appropriated in this Act for the
    National Institutes of Health, the Agency for Healthcare Research and
    Quality, and the Substance Abuse and Mental Health Services
    Administration shall be used to pay the salary of an individual, through
    a grant or other extramural mechanism, at a rate in excess of Executive
    Level I.
        Sec. 204. None of the funds appropriated in this title for Head
    Start shall be used to pay the compensation of an individual, either as
    direct costs or any proration as an indirect cost, at a rate in excess
    of Executive Level II.
        Sec. 205. None of the funds appropriated in this Act may be expended
    pursuant to section 241 of the Public Health Service Act, except for
    funds specifically provided for in this Act, or for other taps and
    assessments made by any office located in the Department of Health and
    Human Services, prior to the preparation and submission of a report by
    the Secretary of Health and Human Services to the Committees on
    Appropriations of the House of Representatives and the Senate detailing
    the planned uses of such funds.
        Sec. 206. Notwithstanding section 241(a) of the Public Health
    Service Act, such portion as the Secretary of Health and Human Services
    shall determine, but not more than 2.4 percent, of any amounts
    appropriated for programs authorized under such Act shall be made
    available for the evaluation (directly, or by grants or contracts) of
    the implementation and effectiveness of such programs.

                               (transfer of funds)

        Sec. 207. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the current fiscal year for the
    Department of Health and Human Services in this Act

    [[Page 121 STAT. 2185]]

    may be transferred between a program, project, or activity, but no such
    program, project, or activity shall be increased by more than 3 percent
    by any such transfer: Provided, That the transfer authority granted by
    this section shall be available only to meet emergency needs and shall
    not be used to create any new program or to fund any project or activity
    for which no funds are provided in this Act: Provided
    further, <<NOTE: Notification. Deadline.>>  That the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.

                               (transfer of funds)

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

                               (transfer of funds)

        Sec. 209. Of the amounts made available in this Act for the National
    Institutes of Health, the amount for research related to the human
    immunodeficiency virus, as jointly determined by the Director of the
    National Institutes of Health and the Director of the Office of AIDS
    Research, shall be made available to the ``Office of AIDS Research''
    account. The Director of the Office of AIDS Research shall transfer from
    such account amounts necessary to carry out section 2353(d)(3) of the
    Public Health Service Act.
        Sec. 210. None of the funds appropriated in this Act may be made
    available to any entity under title X of the Public Health Service Act
    unless the applicant for the award certifies to the Secretary that it
    encourages family participation in the decision of minors to seek family
    planning services and that it provides counseling to minors on how to
    resist attempts to coerce minors into engaging in sexual activities.
        Sec. 211. Notwithstanding any other provision of law, no provider of
    services under title X of the Public Health Service Act shall be exempt
    from any State law requiring notification or the reporting of child
    abuse, child molestation, sexual abuse, rape, or incest.
        Sec. 212. None of the funds appropriated by this Act (including
    funds appropriated to any trust fund) may be used to carry out the
    Medicare Advantage program if the Secretary of Health and Human Services
    denies participation in such program to an otherwise eligible entity
    (including a Provider Sponsored Organization) because the entity informs
    the Secretary that it will not provide, pay for, provide coverage of, or
    provide referrals for abortions: Provided, That the Secretary shall make
    appropriate prospective adjustments to the capitation payment to such an
    entity (based on an actuarially sound estimate of the expected costs of
    providing the service to such entity's enrollees): Provided further,
    That nothing in this section shall be construed to change the Medicare
    program's coverage for such services and a Medicare Advantage
    organization described in this section shall be responsible for
    informing enrollees where to obtain information about all Medicare
    covered services.

    [[Page 121 STAT. 2186]]

        Sec. 213. <<NOTE: Certification. Deadline. Tobacco and tobacco
    products.>>  (a) Except as provided by subsection (e) none of the funds
    appropriated by this Act may be used to withhold substance abuse funding
    from a State pursuant to section 1926 of the Public Health Service Act
    (42 U.S.C. 300x-26) if such State certifies to the Secretary of Health
    and Human Services by May 1, 2008, that the State will commit additional
    State funds, in accordance with subsection (b), to ensure compliance
    with State laws prohibiting the sale of tobacco products to individuals
    under 18 years of age.

        (b) The amount of funds to be committed by a State under subsection
    (a) shall be equal to 1 percent of such State's substance abuse block
    grant allocation for each percentage point by which the State misses the
    retailer compliance rate goal established by the Secretary of Health and
    Human Services under section 1926 of such Act.
        (c) The State is to maintain State expenditures in fiscal year 2008
    for tobacco prevention programs and for compliance activities at a level
    that is not less than the level of such expenditures maintained by the
    State for fiscal year 2007, and adding to that level the additional
    funds for tobacco compliance activities required under subsection
    (a). <<NOTE: Reports. Deadline.>>  The State is to submit a report to
    the Secretary on all fiscal year 2007 State expenditures and all fiscal
    year 2008 obligations for tobacco prevention and compliance activities
    by program activity by July 31, 2008.

        (d) The Secretary shall exercise discretion in enforcing the timing
    of the State obligation of the additional funds required by the
    certification described in subsection (a) as late as July 31, 2008.
        (e) None of the funds appropriated by this Act may be used to
    withhold substance abuse funding pursuant to section 1926 of the Public
    Health Service Act from a territory that receives less than $1,000,000.
        Sec. 214. In order for the Centers for Disease Control and
    Prevention to carry out international health activities, including HIV/
    AIDS and other infectious disease, chronic and environmental disease,
    and other health activities abroad during fiscal year 2008:
                (1) The Secretary of Health and Human Services (in this
            section referred to as the ``Secretary of HHS'') may exercise
            authority equivalent to that available to the Secretary of State
            in section 2(c) of the State Department Basic Authorities Act of
            1956 (22 U.S.C. 2669(c)). The Secretary of HHS shall consult
            with the Secretary of State and relevant Chief of Mission to
            ensure that the authority provided in this section is exercised
            in a manner consistent with section 207 of the Foreign Service
            Act of 1980 (22 U.S.C. 3927) and other applicable statutes
            administered by the Department of State.
                (2) The Secretary of HHS is authorized to provide such funds
            by advance or reimbursement to the Secretary of State as may be
            necessary to pay the costs of acquisition, lease, alteration,
            renovation, and management of facilities outside of the United
            States for the use of the Department of Health and Human
            Services. The Department of State shall cooperate fully with the
            Secretary of HHS to ensure that the Department of Health and
            Human Services has secure, safe, functional facilities that
            comply with applicable regulation governing location, setback,
            and other facilities requirements and serve the purposes
            established by this Act. The Secretary of HHS is

    [[Page 121 STAT. 2187]]

            authorized, in consultation with the Secretary of State, through
            grant or cooperative agreement, to make available to public or
            nonprofit private institutions or agencies in participating
            foreign countries, funds to acquire, lease, alter, or renovate
            facilities in those countries as necessary to conduct programs
            of assistance for international health activities, including
            activities relating to HIV/AIDS and other infectious diseases,
            chronic and environmental diseases, and other health activities
            abroad.

        Sec. 215. (a) Authority.--Notwithstanding any other provision of
    law, the Director of the National Institutes of Health (in this section
    referred to as the ``Director of NIH'') may use funds available under
    section 402(b)(7) or 402(b)(12) of the Public Health Service Act to
    enter into transactions (other than contracts, cooperative agreements,
    or grants) to carry out research identified pursuant to such section
    402(b)(7) (pertaining to the Common Fund) or research and activities
    described in such section 402(b)(12).
        (b) Peer Review.--In entering into transactions under subsection
    (a), the Director of the NIH may utilize such peer review procedures
    (including consultation with appropriate scientific experts) as the
    Director determines to be appropriate to obtain assessments of
    scientific and technical merit. <<NOTE: Applicability.>>  Such
    procedures shall apply to such transactions in lieu of the peer review
    and advisory council review procedures that would otherwise be required
    under sections 301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492,
    and 494 of the Public Health Service Act.

        Sec. 216. Funds which are available for Individual Learning Accounts
    for employees of the Centers for Disease Control and Prevention
    (``CDC'') and the Agency for Toxic Substances and Disease Registry
    (``ATSDR'') may be transferred to ``Disease Control, Research, and
    Training'', to be available only for Individual Learning Accounts:
    Provided, That such funds may be used for any individual full-time
    equivalent employee while such employee is employed either by CDC or
    ATSDR.
        Sec. 217. <<NOTE: 42 USC 2940 note.>>  Notwithstanding any other
    provisions of law, funds made available in this Act may be used to
    continue operating the Council on Graduate Medical Education established
    by section 301 of Public Law 102-408.

        Sec. 218. <<NOTE: Public information. Deadline.>>  The Director of
    the National Institutes of Health shall require that all investigators
    funded by the NIH submit or have submitted for them to the National
    Library of Medicine's PubMed Central an electronic version of their
    final, peer-reviewed manuscripts upon acceptance for publication, to be
    made publicly available no later than 12 months after the official date
    of publication: Provided, That the NIH shall implement the public access
    policy in a manner consistent with copyright law.

        Sec. 219. <<NOTE: Grants. Delta Health Alliance.>>  (a) The
    Secretary of Health and Human Services is authorized to award a grant to
    the Delta Health Alliance, a nonprofit alliance of academic institutions
    in the Mississippi Delta region that has as its primary purposes
    addressing longstanding, unmet health needs and catalyzing economic
    development in the Mississippi Delta.

        (b) To be eligible to receive a grant under subsection (a), the
    Delta Health Alliance shall solicit and fund proposals from local
    governments, hospitals, health care clinics, academic institutions, and
    rural public health-related entities and organizations for research
    development, educational programs, health care services,

    [[Page 121 STAT. 2188]]

    job training, and planning, construction, and equipment of public
    health-related facilities in the Mississippi Delta region.
        (c) With respect to the use of grant funds under this section for
    construction or major alteration of property, the Federal interest in
    the property involved shall last for a period of 1 year following the
    completion of the project or until such time that the Federal Government
    is compensated for its proportionate interest in the property if the
    property use changes or the property is transferred or sold, whichever
    time period is less. At the conclusion of such period, the Notice of
    Federal Interest in such property shall be removed.
        (d) There are authorized to be appropriated such sums as may be
    necessary to carry out this section in fiscal year 2008 and in each of
    the five succeeding fiscal years.
        Sec. 220. Not to exceed $35,000,000 of funds appropriated by this
    Act to the institutes and centers of the National Institutes of Health
    may be used for alteration, repair, or improvement of facilities, as
    necessary for the proper and efficient conduct of the activities
    authorized herein, at not to exceed $2,500,000 per project.

                               (transfer of funds)

        Sec. 221. Of the amounts made available in this Act for the National
    Institutes of Health, 1 percent of the amount made available for
    National Research Service Awards (NRSA) shall be made available to the
    Administrator of the Health Resources and Services Administration to
    make NRSA awards for research in primary medical care to individuals
    affiliated with entities who have received grants or contracts under
    section 747 of the Public Health Service Act, and 1 percent of the
    amount made available for NRSA shall be made available to the Director
    of the Agency for Healthcare Research and Quality to make NRSA awards
    for health service research.
        Sec. 222. None of the funds made available in this Act may be used--
                (1) for the Ombudsman Program of the Centers for Disease
            Control and Prevention; and
                (2) by the Centers for Disease Control and Prevention to
            provide additional rotating pastel lights, zero-gravity chairs,
            or dry-heat saunas for its fitness center.

        Sec. 223. <<NOTE: 42 USC 3514a.>>  There is hereby established in
    the Treasury of the United States a fund to be known as the
    ``Nonrecurring expenses fund'' (the Fund): Provided, That unobligated
    balances of expired discretionary funds appropriated for this or any
    succeeding fiscal year from the General Fund of the Treasury to the
    Department of Health and Human Services by this or any other Act may be
    transferred (not later than the end of the fifth fiscal year after the
    last fiscal year for which such funds are available for the purposes for
    which appropriated) into the Fund: Provided further, That amounts
    deposited in the Fund shall be available until expended, and in addition
    to such other funds as may be available for such purposes, for capital
    acquisition necessary for the operation of the Department, including
    facilities infrastructure and information technology infrastructure,
    subject to approval by the Office of Management and Budget: Provided
    further, <<NOTE: Notification. Deadline.>>  That amounts in the Fund may
    be obligated only after the Committees on Appropriations of the House of
    Representatives and the Senate are notified at least 15 days in advance
    of the planned use of funds.

    [[Page 121 STAT. 2189]]

                              (rescission of funds)

        Sec. 224. Of the funds available within the Health Professions
    Student Loan program authorized in subpart II, Federally-Supported
    Student Loan Funds, of title VII of the Public Health Service Act,
    $15,000,000 are rescinded.
        Sec. 225. (a) Continuation of Availability of Permitted Number of
    Medical Residency Positions Under the Medicare Program.--Section
    1886(h)(4)(H) of the Social Security Act (42 U.S.C. 1395ww(h)(4)(H)) is
    amended by adding at the end the following:
                              ``(v) Special provider agreement.--If an
                          entity enters into a provider agreement pursuant
                          to section 1866(a) to provide hospital services on
                          the same physical site previously used by Medicare
                          Provider No. 05-0578--
                                        ``(I) the limitation on the number
                                    of total full time equivalent residents
                                    under subparagraph (F) and clauses (v)
                                    and (vi)(I) of subsection (d)(5)(B)
                                    applicable to such provider shall be
                                    equal to the limitation applicable under
                                    such provisions to Provider No. 05-0578
                                    for its cost reporting period ending on
                                    June 30, 2006; and
                                        ``(II) the provisions of
                                    subparagraph (G) and subsection
                                    (d)(5)(B)(vi)(II) shall not be
                                    applicable to such provider for the
                                    first three cost reporting years in
                                    which such provider trains residents
                                    under any approved medical residency
                                    training program.''.

        (b) Technical Correction of Section 422 of MMA.--
                (1) In general.--Section 1886(h)(7) of the Social Security
            Act (42 U.S.C. 1395ww(h)(7)) is amended--
                        (A) by redesignating subparagraph (D) as
                    subparagraph (E); and
                        (B) by inserting after subparagraph (C) the
                    following new subparagraph:
                        ``(D) <<NOTE: Applicability.>>  Adjustment based on
                    settled cost report.--In the case of a hospital with a
                    dual accredited osteopathic and allopathic family
                    practice program for which--
                              ``(i) the otherwise applicable resident limit
                          was reduced under subparagraph (A)(i)(I); and
                              ``(ii) such reduction was based on a reference
                          resident level that was determined using a cost
                          report and where a revised or corrected notice of
                          program reimbursement was issued for such cost
                          report between September 1, 2006 and September 15,
                          2006, whether as a result of an appeal or
                          otherwise, and the reference resident level under
                          such settled cost report is higher than the level
                          used for the reduction under subparagraph
                          (A)(i)(I);
                    the Secretary shall apply subparagraph (A)(i)(I) using
                    the higher resident reference level and make any
                    necessary adjustments to such reduction. Any such
                    necessary adjustments shall be effective for portions of
                    cost reporting periods occurring on or after July 1,
                    2005.''.
                (2) <<NOTE: 42 USC 1395ww note.>>  Effective date.--Subject
            to paragraph (3), the amendments made by paragraph (1) shall
            take effect as if included

    [[Page 121 STAT. 2190]]

            in the enactment of section 422 of the Medicare Prescription
            Drug, Improvement, and Modernization Act of 2003 (Public Law
            108-173).

        (c)  Offsetting Costs.--
                (1) In general.--The amount of funds available to the
            Physician Assistance and Quality Initiative Fund for
            expenditures--
                        (A) under the first sentence of section
                    1848(l)(2)(A) of the Social Security Act (42 U.S.C.
                    1395w-4(l)(2)(A)) is reduced by $500,000; and
                        (B) under the first amount in the second sentence of
                    such section is reduced by $24,500,000.
                (2) Conforming amendments.--Section 1848(l)(2)(A) of the
            Social Security Act (42 U.S.C. 1395w-4(l)(2)(A)) is amended--
                        (A) in the first sentence, by inserting after
                    ``$1,350,000,000'' the following: ``, as reduced by
                    section 524 and section 225(c)(1)(A) of the Departments
                    of Labor, Health and Human Services, and Education, and
                    Related Agencies Appropriations Act, 2008 (division G of
                    the Consolidated Appropriations Act, 2008)''; and
                        (B) in the second sentence, by inserting after
                    ``$325,000,000'' the following: ``, as reduced by
                    section 225(c)(1)(B) of such Act,''.

        This title may be cited as the ``Department of Health and Human
    Services Appropriations Act, 2008''.

    TITLE <<NOTE: Department of Education Appropriations Act, 2008.>> III

                             DEPARTMENT OF EDUCATION

                         Education for the Disadvantaged

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

                                   Impact Aid

        For carrying out programs of financial assistance to federally
    affected schools authorized by title VIII of the Elementary and
    Secondary Education Act of 1965, $1,262,778,000, of which $1,125,192,000
    shall be for basic support payments under section

    [[Page 121 STAT. 2191]]

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

                           School Improvement Programs

        For carrying out school improvement activities authorized by title
    II, part B of title IV, subparts 6 and 9 of part D of title V, parts A
    and B of title VI, and parts B and C of title VII of the Elementary and
    Secondary Education Act of 1965 (``ESEA''); the McKinney-Vento Homeless
    Assistance Act; section 203 of the Educational Technical Assistance Act
    of 2002; the Compact of Free Association Amendments Act of 2003; and the
    Civil Rights Act of 1964, $5,383,119,000, of which $3,763,355,000 shall
    become available on July 1, 2008, and remain available through September
    30, 2009, and of which $1,435,000,000 shall become available on October
    1, 2008, and shall remain available through September 30, 2009, for
    academic year 2008-2009: Provided, That funds made available to carry
    out part B of title VII of the ESEA may be used for construction,
    renovation and modernization of any elementary school, secondary school,
    or structure related to an elementary school or secondary school, run by
    the Department of Education of the State of Hawaii, that serves a
    predominantly Native Hawaiian student body: Provided further, That from
    the funds referred to in the preceding proviso, not less than $1,250,000
    shall be for a grant to the Department of Education of the State of
    Hawaii for the activities described in such proviso, and $1,250,000
    shall be for a grant to the University of Hawaii School of Law for a
    Center of Excellence in Native Hawaiian law: Provided further, That
    funds made available to carry out part C of title VII of the ESEA may be
    used for construction: Provided further, That up to 100 percent of the
    funds available to a State educational agency under part D of title II
    of the ESEA may be used for subgrants described in section 2412(a)(2)(B)
    of such Act: Provided further, That $58,129,000 shall be available to
    carry out section 203 of the Educational Technical Assistance Act of
    2002: Provided further, That $33,707,000 shall be available to carry out
    part D of title V of the ESEA: Provided further, That no funds
    appropriated under this heading may be used to carry out section 5494
    under the ESEA: Provided further, That $18,001,000 shall be available

    [[Page 121 STAT. 2192]]

    to carry out the Supplemental Education Grants program for the Federated
    States of Micronesia and the Republic of the Marshall Islands: Provided
    further, That up to 5 percent of these amounts may be reserved by the
    Federated States of Micronesia and the Republic of the Marshall Islands
    to administer the Supplemental Education Grants programs and to obtain
    technical assistance, oversight and consultancy services in the
    administration of these grants and to reimburse the United States
    Departments of Labor, Health and Human Services, and Education for such
    services: Provided further, That $2,400,000 of the funds available for
    the Foreign Language Assistance Program shall be available for 5-year
    grants to local educational agencies that would work in partnership with
    one or more institutions of higher education to establish or expand
    articulated programs of study in languages critical to United States
    national security that will enable successful students to advance from
    elementary school through college to achieve a superior level of
    proficiency in those languages.

                                Indian Education

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

                           Innovation and Improvement

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

    [[Page 121 STAT. 2193]]

    $190,000,000 to carry out other activities authorized under subpart 1.

                     Safe Schools and Citizenship Education

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

                          English Language Acquisition

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

                                Special Education

        For carrying out the Individuals with Disabilities Education Act
    (``IDEA'') and the Special Olympics Sport and Empowerment Act of 2004,
    $12,181,473,000, of which $5,084,406,000 shall become available on July
    1, 2008, and shall remain available through September 30, 2009, and of
    which $6,856,444,000 shall become available on October 1, 2008, and
    shall remain available through September 30, 2009, for academic year
    2008-2009: Provided, That $13,000,000 shall be for Recording for the
    Blind and Dyslexic, Inc., to support activities under section
    674(c)(1)(D) of the IDEA: Provided further, That $1,500,000 shall be for
    the recipient of funds provided by Public Law 105-78 under section
    687(b)(2)(G) of the IDEA (as in effect prior to the enactment of the
    Individuals with Disabilities Education Improvement Act of 2004) to
    provide information on diagnosis, intervention, and teaching strategies
    for children with disabilities: Provided further, That the amount for

    [[Page 121 STAT. 2194]]

    section 611(b)(2) of the IDEA shall be equal to the lesser of the amount
    available for that activity during fiscal year 2007, increased by the
    amount of inflation as specified in section 619(d)(2)(B) of the IDEA, or
    the percentage increase in the funds appropriated under section 611(i)
    of the IDEA: Provided further, That nothing in section 674(e) of the
    IDEA shall be construed to establish a private right of action against
    the National Instructional Materials Access Center for failure to
    perform the duties of such center or otherwise authorize a private right
    of action related to the performance of such center: Provided further,
    That $7,500,000 shall be available to support the 2009 Special Olympics
    World Winter Games.

                 Rehabilitation Services and Disability Research

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

               Special Institutions for Persons With Disabilities

                      american printing house for the blind

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

                    National Technical Institute for the Deaf

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

                              Gallaudet University

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

                     Career, Technical, and Adult Education

        For carrying out, to the extent not otherwise provided, the Carl D.
    Perkins Career and Technical Education Act of 2006, the Adult Education
    and Family Literacy Act, subpart 4 of part D of title V of the
    Elementary and Secondary Education Act of 1965 (``ESEA'') and title
    VIII-D of the Higher Education Amendments

    [[Page 121 STAT. 2195]]

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

                          Student Financial Assistance

                             (including rescission)

        For carrying out subparts 1, 3, and 4 of part A, part C and part E
    of title IV of the Higher Education Act of 1965, $16,114,317,000, which
    shall remain available through September 30, 2009.
        The <<NOTE: 20 USC 1070a note.>>  maximum Pell Grant for which a
    student shall be eligible during award year 2008-2009 shall be $4,241.

        Of the unobligated funds available under section 401A(e)(1)(C) of
    the Higher Education Act of 1965, $525,000,000 are rescinded.

                           Student Aid Administration

        For Federal administrative expenses to carry out part D of title I,
    and subparts 1, 3, and 4 of part A, and parts B, C, D,

    [[Page 121 STAT. 2196]]

    and E of title IV of the Higher Education Act of 1965, $708,216,000,
    which shall remain available until expended.

                                Higher Education

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

                                Howard University

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

              College Housing and Academic Facilities Loans Program

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

      Historically Black College and University Capital Financing Program
                                     Account

        For administrative expenses to carry out the Historically Black
    College and University Capital Financing Program entered into

    [[Page 121 STAT. 2197]]

    pursuant to part D of title III of the Higher Education Act of 1965,
    $188,000.

                         Institute of Education Sciences

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

                             Departmental Management

                             Program Administration

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

                             Office for Civil Rights

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

                         Office of the Inspector General

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

                               General Provisions

        Sec. 301. <<NOTE: Racial desegregation.>>  No funds appropriated in
    this Act may be used for the transportation of students or teachers (or
    for the purchase of equipment for such transportation) in order to
    overcome racial imbalance in any school or school system, or for the
    transportation of students or teachers (or for the purchase of equipment
    for such transportation) in order to carry out a plan of racial
    desegregation of any school or school system.

        Sec. 302. None of the funds contained in this Act shall be used to
    require, directly or indirectly, the transportation of any student to a
    school other than the school which is nearest the student's home, except
    for a student requiring special education, to the school offering such
    special education, in order to comply with title VI of the Civil Rights
    Act of 1964. For the purpose of this section an indirect requirement of
    transportation of students includes the transportation of students to
    carry out a plan involving the reorganization of the grade structure of
    schools, the pairing of schools, or the clustering of schools, or any
    combination of grade

    [[Page 121 STAT. 2198]]

    restructuring, pairing or clustering. The prohibition described in this
    section does not include the establishment of magnet schools.
        Sec. 303. No funds appropriated in this Act may be used to prevent
    the implementation of programs of voluntary prayer and meditation in the
    public schools.

                               (transfer of funds)

        Sec. 304. Not to exceed 1 percent of any discretionary funds
    (pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985) which are appropriated for the Department of Education in this Act
    may be transferred between appropriations, but no such appropriation
    shall be increased by more than 3 percent by any such transfer:
    Provided, That the transfer authority granted by this section shall be
    available only to meet emergency needs and shall not be used to create
    any new program or to fund any project or activity for which no funds
    are provided in this Act: Provided
    further, <<NOTE: Notification. Deadline.>>  That the Committees on
    Appropriations of the House of Representatives and the Senate are
    notified at least 15 days in advance of any transfer.

        Sec. 305. None of the funds made available in this Act may be used
    to promulgate, implement, or enforce any revision to the regulations in
    effect under section 496 of the Higher Education Act of 1965 on June 1,
    2007, until legislation specifically requiring such revision is enacted.
        Sec. 306. <<NOTE: Deadlines. 20 USC 3490. Procedures.>>  (a)
    Maintenance of Integrity and Ethical Values Within Department of
    Education.--Within 60 days after the enactment of this Act, the
    Secretary of Education shall implement procedures--
                (1) to assess whether a covered individual or entity has a
            potential financial interest in, or impaired objectivity
            towards, a product or service purchased with, or guaranteed or
            insured by, funds administered by the Department of Education or
            a contracted entity of the Department; and
                (2) to disclose the existence of any such potential
            financial interest or impaired objectivity.

        (b) Review by Inspector General.--
                (1) Within 60 days after the implementation of the
            procedures described in subsection (a), the Inspector General of
            the Department of Education shall report to the Committees on
            Appropriations of the House of Representatives and the Senate on
            the adequacy of such procedures.
                (2) Within 1 year, the Inspector General shall conduct at
            least 1 review to ensure that such procedures are properly
            implemented and are effective to uncover and disclose the
            existence of potential financial interests or impaired
            objectivity described in subsection (a).
                (3) <<NOTE: Reports.>>  The Inspector General shall report
            to such Committees any recommendations for modifications to such
            procedures that the Inspector General determines are necessary
            to uncover and disclose the existence of such potential
            financial interests or impaired objectivity.

        (c) Definition.--For purposes of this section, the term ``covered
    individual or entity'' means--
                (1) an officer or professional employee of the Department of
            Education;
                (2) a contractor or subcontractor of the Department, or an
            individual hired by the contracted entity;

    [[Page 121 STAT. 2199]]

                (3) a member of a peer review panel of the Department; or
                (4) a consultant or advisor to the Department.

        Sec. 307. (a) Notwithstanding section 8013(9)(B) of the Elementary
    and Secondary Education Act of 1965, North Chicago Community Unit School
    District 187, North Shore District 112, and Township High School
    District 113 in Lake County, Illinois, and Glenview Public School
    District 34 and Glenbrook High School District 225 in Cook County,
    Illinois, shall be considered local educational agencies as such term is
    used in and for purposes of title VIII of such Act for fiscal years 2008
    and 2009.
        (b) Notwithstanding any other provision of law, federally connected
    children (as determined under section 8003(a) of the Elementary and
    Secondary Education Act of 1965) who are in attendance in the North
    Shore District 112, Township High School District 113, Glenview Public
    School District 34, and Glenbrook High School District 225 described in
    subsection (a), shall be considered to be in attendance in the North
    Chicago Community Unit School District 187 described in subsection (a)
    for purposes of computing the amount that the North Chicago Community
    Unit School District 187 is eligible to receive under subsection (b) or
    (d) of such section for fiscal years 2008 and 2009 if--
                (1) such school districts have entered into an agreement for
            such students to be so considered and for the equitable
            apportionment among all such school districts of any amount
            received by the North Chicago Community Unit School District 187
            under such section; and
                (2) any amount apportioned among all such school districts
            pursuant to paragraph (1) is used by such school districts only
            for the direct provision of educational services.

        Sec. 308. Prior to January 1, 2008, the Secretary of Education may
    not terminate any voluntary flexible agreement under section 428A of the
    Higher Education Act of 1965 that existed on October 1, 2007. With
    respect to an entity with which the Secretary of Education had a
    voluntary flexible agreement under section 428A of the Higher Education
    Act of 1965 on October 1, 2007 that is not cost neutral, if the
    Secretary terminates such agreement on or after January 1, 2008, the
    Secretary of Education shall, not later than March 31, 2008, negotiate
    to enter, and enter, into a new voluntary flexible agreement with such
    entity so that the agreement is cost neutral, unless such entity does
    not want to enter into such agreement.
        Sec. 309. Notwithstanding section 102(a)(4)(A) of the Higher
    Education Act of 1965, the Secretary of Education shall not take into
    account a bankruptcy petition filed in the United States Bankruptcy
    Court for the Northern District of New York on February 21, 2001, in
    determining whether a nonprofit educational institution that is a
    subsidiary of an entity that filed such petition meets the definition of
    an ``institution of higher education'' under section 102 of that Act.

                              (rescission of funds)

        Sec. 310. Of the unobligated balances available under the Federal
    Direct Student Loan Program Administration authorized by section 458 of
    the Higher Education Act and the Higher Education Reconciliation Act of
    2005, $25,000,000 are rescinded.
        Sec. 311. The Secretary of Education shall--

    [[Page 121 STAT. 2200]]

                (1) deem each local educational agency that received a
            fiscal year 2007 basic support payment for heavily impacted
            local educational agencies under section 8003(b)(2) of the
            Elementary and Secondary Education Act of 1965 (20 U.S.C.
            7703(b)(2)) as eligible to receive a fiscal year 2008 basic
            support payment for heavily impacted local educational agencies
            under such section; and
                (2) make a payment to such local educational agency under
            such section for fiscal year 2008.

        This title may be cited as the ``Department of Education
    Appropriations Act, 2008''.

                                    TITLE IV

                                RELATED AGENCIES

      Committee for Purchase From People Who Are Blind or Severely Disabled

                              Salaries and Expenses

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

                 Corporation for National and Community Service

                               operating expenses

                          (including transfer of funds)

        For necessary expenses for the Corporation for National and
    Community Service to carry out the Domestic Volunteer Service Act of
    1973 (``1973 Act'') and the National and Community Service Act of 1990
    (``1990 Act''), $796,662,000, of which $313,054,000 is to carry out the
    1973 Act and $483,608,000 is to carry out the 1990 Act: Provided, That
    $24,205,000 of the amount provided under this heading shall remain
    available until September 30, 2009 to carry out subtitle E of the 1990
    Act: Provided further, That up to 1 percent of program grant funds may
    be used to defray the costs of conducting grant application reviews,
    including the use of outside peer reviewers and electronic management of
    the grants cycle: Provided further, That none of the funds made
    available under this heading for activities authorized by section 122
    and part E of title II of the 1973 Act shall be used to provide stipends
    or other monetary incentives to program participants or volunteer
    leaders whose incomes exceed the income guidelines in subsections 211(e)
    and 213(b) of the 1973 Act: Provided further, That notwithstanding
    subtitle H of title I of the 1990 Act, none of the funds provided for
    quality and innovation activities shall be used to support salaries and
    related expenses (including travel) attributable to Corporation for
    National and Community Service employees: Provided further, <<NOTE: 42
    USC 12601a.>>  That, for fiscal year 2008 and thereafter, in addition to
    amounts otherwise provided to the National Service Trust under this
    heading, at no later than the end of the fifth fiscal year after the
    fiscal year for which funds are appropriated or otherwise made
    available, unobligated balances of appropriations available for grants
    under the National Service Trust Program

    [[Page 121 STAT. 2201]]

    under subtitle C of title I of the 1990 Act during such fiscal year may
    be transferred to the National Service Trust after notice is transmitted
    to Congress, if such funds are initially obligated before the expiration
    of their period of availability as provided in this Act: Provided
    further, That of the amounts provided under this heading: (1) not less
    than $124,718,000, to remain available until expended, to be transferred
    to the National Service Trust for educational awards authorized under
    subtitle D of title I of the 1990 Act: Provided further, That in
    addition to these funds, the Corporation may transfer funds from the
    amount provided for AmeriCorps grants under the National Service Trust
    Program, to the National Service Trust authorized under subtitle D of
    title I of the 1990 Act, upon determination that such transfer is
    necessary to support the activities of national service participants and
    after notice is transmitted to the Congress; (2) not more than
    $55,000,000 of funding provided for grants under the National Service
    Trust program authorized under subtitle C of title I of the 1990 Act may
    be used to administer, reimburse, or support any national service
    program authorized under section 129(d)(2) of such Act; (3) $12,000,000
    shall be to provide assistance to State commissions on national and
    community service, under section 126(a) of the 1990 Act and
    notwithstanding section 501(a)(4) of the 1990 Act; and (4) not less than
    $5,000,000 shall be for the acquisition, renovation, equipping and
    startup costs for a campus located in Vinton, Iowa and a campus in
    Vicksburg, Mississippi to carry out subtitle E of title I of the 1990
    Act.

                              SALARIES AND EXPENSES

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

                           OFFICE OF INSPECTOR GENERAL

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

                            ADMINISTRATIVE PROVISIONS

        Sec. 401. Notwithstanding any other provision of law, the term
    ``qualified student loan'' with respect to national service education
    awards shall mean any loan determined by an institution of higher
    education to be necessary to cover a student's cost of attendance at
    such institution and made, insured, or guaranteed directly to a student
    by a State agency, in addition to other meanings under section 148(b)(7)
    of the National and Community Service Act.
        Sec. 402. Notwithstanding any other provision of law, funds made
    available under section 129(d)(5)(B) of the National and Community
    Service Act of 1990 to assist entities in placing applicants who are
    individuals with disabilities may be provided to any entity that
    receives a grant under section 121 of the Act.

    [[Page 121 STAT. 2202]]

        Sec. 403. <<NOTE: Notice.>>  The Corporation for National and
    Community Service shall make any significant changes to program
    requirements, service delivery or policy only through public notice and
    comment rulemaking. For fiscal year 2008, during any grant selection
    process, an officer or employee of the Corporation shall not knowingly
    disclose any covered grant selection information regarding such
    selection, directly or indirectly, to any person other than an officer
    or employee of the Corporation that is authorized by the Corporation to
    receive such information.

        Sec. 404. Professional Corps programs described in section 122(a)(8)
    of the National and Community Service Act of 1990 may apply to the
    Corporation for a waiver of application of section 140(c)(2).
        Sec. 405. Notwithstanding section 1342 of title 31, United States
    Code, the Corporation may solicit and accept the services of
    organizations and individuals (other than participants) to assist the
    Corporation in carrying out the duties of the Corporation under the
    national service laws: Provided, That an individual who provides
    services under this section shall be subject to the same protections and
    limitations as volunteers under section 196(a) of the National and
    Community Service Act of 1990.
        Sec. 406. Organizations operating projects under the AmeriCorps
    Education Awards Program shall do so without regard to the requirements
    of sections 121(d) and (e), 131(e), 132, and 140(a), (d), and (e) of the
    National and Community Service Act of 1990.
        Sec. 407. AmeriCorps programs receiving grants under the National
    Service Trust program shall meet an overall minimum share requirement of
    24 percent for the first three years that they receive AmeriCorps
    funding, and thereafter shall meet the overall minimum share requirement
    as provided in section 2521.60 of title 45, Code of Federal Regulations,
    without regard to the operating costs match requirement in section
    121(e) or the member support Federal share limitations in section 140 of
    the National and Community Service Act of 1990, and subject to partial
    waiver consistent with section 2521.70 of title 45, Code of Federal
    Regulations.
        Sec. 408. Notwithstanding any other provision of law, formula-based
    grants to States and territories under section 129(a)(1)-(2) of the 1990
    Act to operate AmeriCorps programs may be made if the application
    describes proposed positions into which participants will be placed, the
    proposed minimum qualifications of such participants, and an assurance
    that the State will select national service programs for subgrants on a
    competitive basis, and an assurance that the aforementioned information
    will be provided for each subgrant awarded prior to the execution of
    such subgrants.

                       Corporation for Public Broadcasting

        For payment to the Corporation for Public Broadcasting, as
    authorized by the Communications Act of 1934, an amount which shall be
    available within limitations specified by that Act, for the fiscal year
    2010, $420,000,000: Provided, That no funds made available to the
    Corporation for Public Broadcasting by this Act shall be used to pay for
    receptions, parties, or similar forms of entertainment for Government
    officials or employees: Provided further, That none of the funds
    contained in this paragraph shall be available

    [[Page 121 STAT. 2203]]

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

                   Federal Mediation and Conciliation Service

                              Salaries and Expenses

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

                Federal Mine Safety and Health Review Commission

                              Salaries and Expenses

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

    [[Page 121 STAT. 2204]]

                    Institute of Museum and Library Services

        Office of Museum and Library Services: Grants and Administration

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

                      Medicare Payment Advisory Commission

                              salaries and expenses

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

            National Commission on Libraries and Information Science

                              Salaries and Expenses

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

                         National Council on Disability

                              Salaries and Expenses

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

                         National Labor Relations Board

                              Salaries and Expenses

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

    [[Page 121 STAT. 2205]]

                            National Mediation Board

                              salaries and expenses

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

                Occupational Safety and Health Review Commission

                              Salaries and Expenses

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

                            Railroad Retirement Board

                         dual benefits payments account

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

              Federal Payments to the Railroad Retirement Accounts

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

                          Limitation on Administration

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

                  Limitation on the Office of Inspector General

        For expenses necessary for the Office of Inspector General for
    audit, investigatory and review activities, as authorized by the
    Inspector General Act of 1978, not more than $7,173,000, to be derived
    from the railroad retirement accounts and railroad unemployment
    insurance account: Provided, That none of the funds made available in
    any other paragraph of this Act may be transferred to the Office; used
    to carry out any such transfer; used to provide any office space,
    equipment, office supplies, communications facilities or services,
    maintenance services, or administrative

    [[Page 121 STAT. 2206]]

    services for the Office; used to pay any salary, benefit, or award for
    any personnel of the Office; used to pay any other operating expense of
    the Office; or used to reimburse the Office for any service provided, or
    expense incurred, by the Office: Provided further, <<NOTE: 45 USC 231f
    note.>> That funds made available under the heading in this Act, or
    subsequent Departments of Labor, Health and Human Services, and
    Education, and Related Agencies Appropriations Acts, may be used for any
    audit, investigation, or review of the Medicare Program.

                         Social Security Administration

                     payments to social security trust funds

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

                      Supplemental Security Income Program

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

                      limitation on administrative expenses

        For necessary expenses, including the hire of two passenger motor
    vehicles, and not to exceed $15,000 for official reception and
    representation expenses, not more than $9,781,842,000 may be expended,
    as authorized by section 201(g)(1) of the Social Security Act, from any
    one or all of the trust funds referred to therein: Provided, That not
    less than $2,000,000 shall be for the Social Security Advisory Board:
    Provided further, That unobligated balances of funds provided under this
    paragraph at the end of fiscal year 2008 not needed for fiscal year 2008
    shall remain available until expended to invest in the Social Security
    Administration information technology and telecommunications hardware
    and software infrastructure, including related equipment and non-payroll
    administrative expenses associated solely with this information
    technology and telecommunications infrastructure: Provided further, That
    reimbursement to the trust funds under this heading for expenditures for
    official time for employees of the Social Security Administration
    pursuant to section 7131 of title 5, United States Code, and for
    facilities or support services for labor organizations

    [[Page 121 STAT. 2207]]

    pursuant to policies, regulations, or procedures referred to in section
    7135(b) of such title shall be made by the Secretary of the Treasury,
    with interest, from amounts in the general fund not otherwise
    appropriated, as soon as possible after such expenditures are made.
        In addition, $135,000,000 to be derived from administration fees in
    excess of $5.00 per supplementary payment collected pursuant to section
    1616(d) of the Social Security Act or section 212(b)(3) of Public Law
    93-66, which shall remain available until expended. To the extent that
    the amounts collected pursuant to such sections in fiscal year 2008
    exceed $135,000,000, the amounts shall be available in fiscal year 2009
    only to the extent provided in advance in appropriations Acts.
        In addition, up to $1,000,000 to be derived from fees collected
    pursuant to section 303(c) of the Social Security Protection Act (Public
    Law 108-203), which shall remain available until expended.

                           Office of Inspector General

                          (including transfer of funds)

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

                                     TITLE V

                               GENERAL PROVISIONS

        Sec. 501. The Secretaries of Labor, Health and Human Services, and
    Education are authorized to transfer unexpended balances of prior
    appropriations to accounts corresponding to current appropriations
    provided in this Act. Such transferred balances shall be used for the
    same purpose, and for the same periods of time, for which they were
    originally appropriated.
        Sec. 502. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 503. <<NOTE: Lobbying.>>  (a) No part of any appropriation
    contained in this Act shall be used, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, for the preparation, distribution, or use of any
    kit, pamphlet, booklet, publication, radio, television, or video
    presentation designed to support or defeat legislation pending before
    the Congress or any State legislature, except in presentation to the
    Congress or any State legislature itself.

        (b) No part of any appropriation contained in this Act shall be used
    to pay the salary or expenses of any grant or contract

    [[Page 121 STAT. 2208]]

    recipient, or agent acting for such recipient, related to any activity
    designed to influence legislation or appropriations pending before the
    Congress or any State legislature.
        Sec. 504. The Secretaries of Labor and Education are authorized to
    make available not to exceed $28,000 and $20,000, respectively, from
    funds available for salaries and expenses under titles I and III,
    respectively, for official reception and representation expenses; the
    Director of the Federal Mediation and Conciliation Service is authorized
    to make available for official reception and representation expenses not
    to exceed $5,000 from the funds available for ``Federal Mediation and
    Conciliation Service, Salaries and expenses''; and the Chairman of the
    National Mediation Board is authorized to make available for official
    reception and representation expenses not to exceed $5,000 from funds
    available for ``National Mediation Board, Salaries and expenses''.
        Sec. 505. <<NOTE: Needle exchange.>>  Notwithstanding any other
    provision of this Act, no funds appropriated in this Act shall be used
    to carry out any program of distributing sterile needles or syringes for
    the hypodermic injection of any illegal drug.

        Sec. 506. When issuing statements, press releases, requests for
    proposals, bid solicitations and other documents describing projects or
    programs funded in whole or in part with Federal money, all grantees
    receiving Federal funds included in this Act, including but not limited
    to State and local governments and recipients of Federal research
    grants, shall clearly state--
                (1) the percentage of the total costs of the program or
            project which will be financed with Federal money;
                (2) the dollar amount of Federal funds for the project or
            program; and
                (3) percentage and dollar amount of the total costs of the
            project or program that will be financed by non-governmental
            sources.

        Sec. 507. <<NOTE: Abortion.>>  (a) None of the funds appropriated in
    this Act, and none of the funds in any trust fund to which funds are
    appropriated in this Act, shall be expended for any abortion.

        (b) None of the funds appropriated in this Act, and none of the
    funds in any trust fund to which funds are appropriated in this Act,
    shall be expended for health benefits coverage that includes coverage of
    abortion.
        (c) The term ``health benefits coverage'' means the package of
    services covered by a managed care provider or organization pursuant to
    a contract or other arrangement.
        Sec. 508. <<NOTE: Abortion.>>  (a) The limitations established in
    the preceding section shall not apply to an abortion--
                (1) if the pregnancy is the result of an act of rape or
            incest; or
                (2) in the case where a woman suffers from a physical
            disorder, physical injury, or physical illness, including a
            life-endangering physical condition caused by or arising from
            the pregnancy itself, that would, as certified by a physician,
            place the woman in danger of death unless an abortion is
            performed.

        (b) Nothing in the preceding section shall be construed as
    prohibiting the expenditure by a State, locality, entity, or private
    person of State, local, or private funds (other than a State's or
    locality's contribution of Medicaid matching funds).
        (c) Nothing in the preceding section shall be construed as
    restricting the ability of any managed care provider from offering

    [[Page 121 STAT. 2209]]

    abortion coverage or the ability of a State or locality to contract
    separately with such a provider for such coverage with State funds
    (other than a State's or locality's contribution of Medicaid matching
    funds).
        (d)(1) None of the funds made available in this Act may be made
    available to a Federal agency or program, or to a State or local
    government, if such agency, program, or government subjects any
    institutional or individual health care entity to discrimination on the
    basis that the health care entity does not provide, pay for, provide
    coverage of, or refer for abortions.
        (2) In this subsection, the term ``health care entity'' includes an
    individual physician or other health care professional, a hospital, a
    provider-sponsored organization, a health maintenance organization, a
    health insurance plan, or any other kind of health care facility,
    organization, or plan.
        Sec. 509. (a) <<NOTE: Human embryos.>>  None of the funds made
    available in this Act may be used for--
                (1) the creation of a human embryo or embryos for research
            purposes; or
                (2) research in which a human embryo or embryos are
            destroyed, discarded, or knowingly subjected to risk of injury
            or death greater than that allowed for research on fetuses in
            utero under 45 CFR 46.204(b) and section 498(b) of the Public
            Health Service Act (42 U.S.C. 289g(b)).

        (b) For purposes of this section, the term ``human embryo or
    embryos'' includes any organism, not protected as a human subject under
    45 CFR 46 as of the date of the enactment of this Act, that is derived
    by fertilization, parthenogenesis, cloning, or any other means from one
    or more human gametes or human diploid cells.
        Sec. 510. <<NOTE: Drugs and drug abuse.>>  (a) None of the funds
    made available in this Act may be used for any activity that promotes
    the legalization of any drug or other substance included in schedule I
    of the schedules of controlled substances established under section 202
    of the Controlled Substances Act (21 U.S.C. 812) except for normal and
    recognized executive-congressional communications.

        (b) The limitation in subsection (a) shall not apply when there is
    significant medical evidence of a therapeutic advantage to the use of
    such drug or other substance or that federally sponsored clinical trials
    are being conducted to determine therapeutic advantage.
        Sec. 511. None of the funds made available in this Act may be used
    to promulgate or adopt any final standard under section 1173(b) of the
    Social Security Act (42 U.S.C. 1320d-2(b)) providing for, or providing
    for the assignment of, a unique health identifier for an individual
    (except in an individual's capacity as an employer or a health care
    provider), until legislation is enacted specifically approving the
    standard.
        Sec. 512. <<NOTE: Contracts.>>  None of the funds made available in
    this Act may be obligated or expended to enter into or renew a contract
    with an entity if--
                (1) such entity is otherwise a contractor with the United
            States and is subject to the requirement in section 4212(d) of
            title 38, United States Code, regarding submission of an annual
            report to the Secretary of Labor concerning employment of
            certain veterans; and

    [[Page 121 STAT. 2210]]

                (2) such entity has not submitted a report as required by
            that section for the most recent year for which such requirement
            was applicable to such entity.

        Sec. 513. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriation Act.
        Sec. 514. None of the funds made available by this Act to carry out
    the Library Services and Technology Act may be made available to any
    library covered by paragraph (1) of section 224(f) of such Act, as
    amended by the Children's Internet Protection Act, unless such library
    has made the certifications required by paragraph (4) of such section.
        Sec. 515. None of the funds made available by this Act to carry out
    part D of title II of the Elementary and Secondary Education Act of 1965
    may be made available to any elementary or secondary school covered by
    paragraph (1) of section 2441(a) of such Act, as amended by the
    Children's Internet Protection Act and the No Child Left Behind Act,
    unless the local educational agency with responsibility for such covered
    school has made the certifications required by paragraph (2) of such
    section.
        Sec. 516. <<NOTE: Notification. Deadline.>>  (a) None of the funds
    provided under this Act, or provided under previous appropriations Acts
    to the agencies funded by this Act that remain available for obligation
    or expenditure in fiscal year 2008, or provided from any accounts in the
    Treasury of the United States derived by the collection of fees
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds that--
                (1) creates new programs;
                (2) eliminates a program, project, or activity;
                (3) increases funds or personnel by any means for any
            project or activity for which funds have been denied or
            restricted;
                (4) relocates an office or employees;
                (5) reorganizes or renames offices;
                (6) reorganizes programs or activities; or
                (7) contracts out or privatizes any functions or activities
            presently performed by Federal employees;

    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        (b) None of the funds provided under this Act, or provided under
    previous appropriations Acts to the agencies funded by this Act that
    remain available for obligation or expenditure in fiscal year 2008, or
    provided from any accounts in the Treasury of the United States derived
    by the collection of fees available to the agencies funded by this Act,
    shall be available for obligation or expenditure through a reprogramming
    of funds in excess of $500,000 or 10 percent, whichever is less, that--
                (1) augments existing programs, projects (including
            construction projects), or activities;
                (2) reduces by 10 percent funding for any existing program,
            project, or activity, or numbers of personnel by 10 percent as
            approved by Congress; or

    [[Page 121 STAT. 2211]]

                (3) results from any general savings from a reduction in
            personnel which would result in a change in existing programs,
            activities, or projects as approved by Congress;

    unless the Committees on Appropriations of the House of Representatives
    and the Senate are notified 15 days in advance of such reprogramming or
    of an announcement of intent relating to such reprogramming, whichever
    occurs earlier.
        Sec. 517. (a) None of the funds made available in this Act may be
    used to request that a candidate for appointment to a Federal scientific
    advisory committee disclose the political affiliation or voting history
    of the candidate or the position that the candidate holds with respect
    to political issues not directly related to and necessary for the work
    of the committee involved.
        (b) None of the funds made available in this Act may be used to
    disseminate scientific information that is deliberately false or
    misleading.
        Sec. 518. <<NOTE: Deadline. Operating plan.>>  Within 45 days of
    enactment of this Act, each department and related agency funded through
    this Act shall submit an operating plan that details at the program,
    project, and activity level any funding allocations for fiscal year 2008
    that are different than those specified in this Act, the accompanying
    detailed table in the explanatory statement described in section 4 (in
    the matter preceding division A of this consolidated Act), or the fiscal
    year 2008 budget request.

        Sec. 519. None of the funds made available by this Act may be used
    to carry out the evaluation of the Upward Bound Program described in the
    absolute priority for Upward Bound Program participant selection and
    evaluation published by the Department of Education in the Federal
    Register on September 22, 2006 (71 Fed. Reg. 55447 et seq.).
        Sec. 520. None of the funds in this Act may be used to employ
    workers described in section 274A(h)(3) of the Immigration and
    Nationality Act.
        Sec. 521. <<NOTE: Reports.>>  The Secretaries of Labor, Health and
    Human Services, and Education shall each prepare and submit to the
    Committees on Appropriations of the House of Representatives and the
    Senate a report on the number and amount of contracts, grants, and
    cooperative agreements exceeding $100,000 in value and awarded by the
    Department on a non-competitive basis during each quarter of fiscal year
    2008, but not to include grants awarded on a formula basis. Such report
    shall include the name of the contractor or grantee, the amount of
    funding, and the governmental purpose. <<NOTE: Deadline.>> Such report
    shall be transmitted to the Committees within 30 days after the end of
    the quarter for which the report is submitted.

        Sec. 522. <<NOTE: Deadline. Websites. 5 USC app. 6 note.>>  Not
    later than 30 days after the date of enactment of this Act, the
    Departments, agencies, and commissions funded under this Act, shall
    establish and maintain on the homepages of their Internet websites--
                (1) a direct link to the Internet websites of their Offices
            of Inspectors General; and
                (2) a mechanism on the Offices of Inspectors General website
            by which individuals may anonymously report cases of waste,
            fraud, or abuse with respect to those Departments, agencies, and
            commissions.

        Sec. 523. <<NOTE: Contracts. Certification.>>  None of the funds
    appropriated or otherwise made available by this Act may be used to
    enter into a contract in

    [[Page 121 STAT. 2212]]

    an amount greater than $5,000,000 or to award a grant in excess of such
    amount unless the prospective contractor or grantee certifies in writing
    to the agency awarding the contract or grant that, to the best of its
    knowledge and belief, the contractor or grantee has filed all Federal
    tax returns required during the three years preceding the certification,
    has not been convicted of a criminal offense under the Internal Revenue
    Code of 1986, and has not, more than 90 days prior to certification,
    been notified of any unpaid Federal tax assessment for which the
    liability remains unsatisfied, unless the assessment is the subject of
    an installment agreement or offer in compromise that has been approved
    by the Internal Revenue Service and is not in default, or the assessment
    is the subject of a non-frivolous administrative or judicial proceeding.

        Sec. 524. Section 1848(l)(2)(A) of the Social Security Act, as
    amended by section 6 of the TMA, Abstinence Education, and QI Programs
    Extension Act of 2007 (Public Law 110-90), <<NOTE: 42 USC 1395w-4.>>  is
    amended by reducing the dollar amount in the first sentence by
    $150,000,000.

        Sec. 525. <<NOTE: Refugees.>>  Iraqi and Afghan aliens granted
    special immigrant status under section 101(a)(27) of the Immigration and
    Nationality Act shall be eligible for resettlement assistance,
    entitlement programs, and other benefits available to refugees admitted
    under section 207 of such Act for a period not to exceed 6 months.

        Sec. 526. <<NOTE: Mexico.>>  None of the funds appropriated by this
    Act may be used by the Commissioner of Social Security or the Social
    Security Administration to pay the compensation of employees of the
    Social Security Administration to administer Social Security benefit
    payments, under any agreement between the United States and Mexico
    establishing totalization arrangements between the social security
    system established by title II of the Social Security Act and the social
    security system of Mexico, which would not otherwise be payable but for
    such agreement.

        Sec. 527. None of the funds appropriated in this Act shall be
    expended or obligated by the Commissioner of Social Security, for
    purposes of administering Social Security benefit payments under title
    II of the Social Security Act, to process claims for credit for quarters
    of coverage based on work performed under a social security account
    number that was not the claimant's number which is an offense prohibited
    under section 208 of the Social Security Act.
        Sec. 528. (a) Across-the-Board Rescissions.--There is hereby
    rescinded an amount equal to 1.747 percent of the fiscal year 2008
    budget authority--
                (1) provided for any discretionary account of this Act; and
                (2) provided in any advance appropriation for fiscal year
            2008 for any discretionary account of this Act made available by
            any prior fiscal year appropriation Act.

        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
                (1) to each discretionary account and each item of budget
            authority described in such subsection; and
                (2) within each such account and item, to each program,
            project, and activity (with programs, projects, and activities
            as delineated in the appropriation Act, accompanying reports, or
            explanatory statement for fiscal year 2008 covering such account
            or item, or for accounts and items not included in

    [[Page 121 STAT. 2213]]

            appropriation Acts, as delineated in the most recently submitted
            President's budget).

        (c) Exceptions.--This section shall not apply--
                (1) to discretionary budget authority that has been
            designated as described in section 5 (in the matter preceding
            division A of this consolidated Act); or
                (2) to discretionary budget authority made available under
            title III under the Student Financial Assistance account for the
            Federal Pell Grants program.

        (d) OMB Report.--Within 30 days after the date of the enactment of
    this section the Director of the Office of Management and Budget shall
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a report specifying the account and
    amount of each rescission made pursuant to this section.

     TITLE <<NOTE: Kids in Disasters Well-being, Safety, and Health Act of
    2007.>> VI

                  NATIONAL COMMISSION ON CHILDREN AND DISASTERS

    SECTION 601. SHORT TITLE.

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

    SEC. 602. DEFINITIONS.

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

    SEC. 603. ESTABLISHMENT OF COMMISSION.

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

    SEC. 604. PURPOSES OF COMMISSION.

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

    [[Page 121 STAT. 2214]]

            response to, and recovery from all hazards, including major
            disasters and emergencies; and
                (3) <<NOTE: Reports.>>  submit a report to the President and
            Congress on specific findings, conclusions, and recommendations
            to address the needs of children as they relate to preparation
            for, response to, and recovery from all hazards, including major
            disasters and emergencies.

    SEC. 605. COMPOSITION OF COMMISSION.

        (a) Members.--The Commission shall be composed of 10 members, of
    whom--
                (1) <<NOTE: President.>>  1 member shall be appointed by the
            President;
                (2) <<NOTE: President.>>  1 member, who is of a different
            political party than that of the member appointed under
            paragraph (1), shall be appointed by the President;
                (3) 2 members shall be appointed by the majority leader of
            the Senate;
                (4) 2 members shall be appointed by the minority leader of
            the Senate;
                (5) 2 members shall be appointed by the Speaker of the House
            of Representatives; and
                (6) 2 members shall be appointed by the minority leader of
            the House of Representatives.

        (b) Chairperson, Vice Chairperson,
    and <<NOTE: Deadline.>> Meetings.--Not later than 30 days after the date
    on which all members of the Commission are appointed under subsection
    (a), such members shall meet to elect a Chairperson and Vice Chairperson
    from among such members and shall determine a schedule of Commission
    meetings.

        (c) Governmental Appointees.--An individual appointed to the
    Commission may not be an official or employee of the Federal Government.
        (d) Commission Representation.--The Commission shall include at
    least one--
                (1) representative from private nonprofit entities with
            demonstrated expertise in addressing the needs of children as
            they relate to preparation for, response to, and recovery from
            all hazards, including major disasters and emergencies; and
                (2) State emergency manager or local emergency manager.

        (e) Qualifications.--Members appointed under subsection (a) may
    include--
                (1) individuals involved with providing services to
            children, including health, education, housing, and other social
            services;
                (2) individuals with experience in emergency management,
            including coordination of resources and services among State and
            local governments, the Federal Government, and nongovernmental
            entities;
                (3) individuals with philanthropic experience focused on the
            needs of children in all hazards, including major disasters and
            emergencies;
                (4) individuals with experience in providing donated goods
            and services, including personnel services, to meet the needs of
            children and families as they relate to preparation for,
            response to, and recovery from all hazards, including major
            disasters and emergencies; and

    [[Page 121 STAT. 2215]]

                (5) individuals who have conducted academic research related
            to addressing the needs of children in all hazards, including
            major disasters and emergencies.

        (f) Initial Meeting.--The <<NOTE: Deadline.>>  Commission shall meet
    and begin the operations of the Commission not later than 120 days after
    the appointment of members of the Commission.

        (g) Quorum and Vacancy.--
                (1) Quorum.--A majority of the members of the Commission
            shall constitute a quorum, but a lesser number of members may
            hold hearings.
                (2) Vacancy.--Any vacancy in the Commission shall not affect
            its powers and shall be filled in the same manner in which the
            original appointment was made.

    SEC. 606. DUTIES OF COMMISSION.

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

    SEC. 607. POWERS OF COMMISSION.

        (a) Hearings.--The Commission may hold such hearings, meet and act
    at such times and places, and receive such evidence as may be necessary
    to carry out the functions of the Commission.
        (b) Information From Federal Agencies.--
                (1) In general.--The Commission may access, to the extent
            authorized by law, from any executive department, bureau,
            agency, board, commission, office, independent establishment, or
            instrumentality of the Federal Government such information,

    [[Page 121 STAT. 2216]]

            suggestions, estimates, and statistics as the Commission
            considers necessary to carry out this title.
                (2) Provision of information.--On written request of the
            Chairperson of the Commission, each department, bureau, agency,
            board, commission, office, independent establishment, or
            instrumentality shall, to the extent authorized by law, provide
            the requested information to the Commission.
                (3) Receipt, handling, storage, and dissemination.--
            Information shall only be received, handled, stored, and
            disseminated by members of the Commission and its staff
            consistent with all applicable statutes, regulations, and
            Executive orders.

        (c) Assistance From Federal Agencies.--
                (1) General services administration.--On request of the
            Chairperson of the Commission, the Administrator of General
            Services shall provide to the Commission, on a reimbursable
            basis, administrative support and other assistance necessary for
            the Commission to carry out its duties.
                (2) Other departments and agencies.--In addition to the
            assistance provided for under paragraph (1), departments and
            agencies of the United States may provide to the Commission such
            assistance as they may determine advisable and as authorized by
            law.

        (d) Contracting.--The Commission may enter into contracts to enable
    the Commission to discharge its duties under this title.
        (e) Donations.--The Commission may accept, use, and dispose of
    donations of services or property.
        (f) Postal Services.--The Commission may use the United States mails
    in the same manner and under the same conditions as a department or
    agency of the United States.

    SEC. 608. STAFF OF COMMISSION.

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

    [[Page 121 STAT. 2217]]

    SEC. 609. TRAVEL EXPENSES.

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

    SEC. 610. FEDERAL ADVISORY COMMITTEE ACT APPLICABILITY.

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

    SEC. 611. REPORTS OF COMMISSION; TERMINATION.

        (a) Interim Report.--The Commission shall, not later than 1 year
    after the date of its first meeting, submit to the President and
    Congress an interim report containing specific findings, conclusions,
    and recommendations required under this title as have been agreed to by
    a majority of Commission members.
        (b) Other Reports and Information.--
                (1) Reports.--The Commission may issue additional reports as
            the Commission determines necessary.
                (2) Information.--The Commission may hold public hearings to
            collect information and shall make such information available
            for use by the public.

        (c) Final Report.--The Commission shall, not later than 2 years
    after the date of its first meeting, submit to the President and
    Congress a final report containing specific findings, conclusions, and
    recommendations required under this title as have been agreed to by a
    majority of Commission members.
        (d) Termination.--
                (1) In general.--The Commission, and all the authorities of
            this title, shall terminate 180 days after the date on which the
            final report is submitted under subsection (b).
                (2) <<NOTE: Archives.>>  Records.--Not later than the date
            of termination of the Commission under paragraph (1), all
            records and papers of the Commission shall be delivered to the
            Archivist of the United States for deposit in the National
            Archives.

    SEC. 612. AUTHORIZATION OF APPROPRIATIONS.

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

    SEC. 613. RULE OF CONSTRUCTION.

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

    [[Page 121 STAT. 2218]]

      DIVISION <<NOTE: Legislative Branch Appropriations Act, 2008.>>  H--
    LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2008

    TITLE <<NOTE: 2 USC 60a note.>>  I

                        LEGISLATIVE BRANCH APPROPRIATIONS

                                     SENATE

                               Expense Allowances

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

         Representation Allowances for the Majority and Minority Leaders

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

                        Salaries, Officers and Employees

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

                          office of the vice president

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

                       office of the president pro tempore

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

                  office of the president pro tempore emeritus

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

                  offices of the majority and minority leaders

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

                   offices of the majority and minority whips

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

                           committee on appropriations

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

    [[Page 121 STAT. 2219]]

                              conference committees

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

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

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

                                policy committees

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

                             office of the chaplain

        For Office of the Chaplain, $379,000.

                             office of the secretary

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

                  office of the sergeant at arms and doorkeeper

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

            offices of the secretaries for the majority and minority

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

                    agency contributions and related expenses

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

                 Office of the Legislative Counsel of the Senate

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

                         Office of Senate Legal Counsel

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

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

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

    [[Page 121 STAT. 2220]]

                        Contingent Expenses of the Senate

                          inquiries and investigations

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

     expenses of the united states senate caucus on international narcotics
                                     control

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

                             secretary of the senate

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

                  sergeant at arms and doorkeeper of the senate

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

                               miscellaneous items

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

             senators' official personnel and office expense account

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

                               official mail costs

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

                            Administrative Provisions

        Sec. 1. <<NOTE: 2 USC 61-1.>>  Gross Rate of Compensation in Offices
    of Senators. <<NOTE: Effective date. 2 USC 61-1 note.>> Effective on and
    after October 1, 2007, each of the dollar amounts contained in the table
    under section 105(d)(1)(A) of the Legislative Branch Appropriations Act,
    1968 (2 U.S.C. 61-1(d)(1)(A)) shall be deemed to be the dollar amounts
    in that table, as adjusted by law and in effect on September 30, 2007,
    increased by an additional $50,000 each.

    [[Page 121 STAT. 2221]]

        Sec. 2. President pro Tempore Emeritus of the Senate. Section 7(e)
    of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 32b note)
    is amended by striking ``and the 109th Congress'' and inserting ``, the
    109th Congress, and the 110th Congress''.
        Sec. 3. <<NOTE: 2 USC 61g-6b.>>  Offices of the Secretaries of the
    Conference of the Majority and the Conference of the Minority. (a) In
    General.--Upon the written request of the Secretary of the Conference of
    the Majority or the Secretary of the Conference of the Minority, the
    Secretary of the Senate shall transfer from the appropriations account
    appropriated under the subheading ``offices of the secretaries of the
    conference of the majority and the conference of the minority'' under
    the heading ``Salaries, Officers and Employees'' such amount as the
    Secretary of the Conference of the Majority or the Secretary of the
    Conference of the Minority shall specify to the appropriations account
    under the heading ``miscellaneous items'' within the contingent fund of
    the Senate.

        (b) Authority to Incur Expenses.--The Secretary of the Conference of
    the Majority or the Secretary of the Conference of the Minority may
    incur such expenses as may be necessary or appropriate. Expenses
    incurred by the Secretary of the Conference of the Majority or the
    Secretary of the Conference of the Minority shall be paid from the
    amount transferred under subsection (a) by the Secretary of the
    Conference of the Majority or the Secretary of the Conference of the
    Minority and upon vouchers approved by the Secretary of the Conference
    of the Majority or the Secretary of the Conference of the Minority, as
    applicable.
        (c) Authority to Advance Sums.--The Secretary of the Senate may
    advance such sums as may be necessary to defray expenses incurred in
    carrying out subsections (a) and (b).
        (d) Effective Date.--This section shall apply to fiscal year 2008
    and each fiscal year thereafter.
        Sec. 4. Uniform Limitation on Gross Compensation for Employees of
    Committees. (a) In General.--Section 105(e) of the Legislative Branch
    Appropriations Act, 1968 (2 U.S.C. 61-1(e)) is amended by striking
    paragraph (3) and inserting the following:
                ``(3)(A) In this paragraph--
                        ``(i) the term `committee of the Senate' means--
                              ``(I) any standing committee (including the
                          majority and minority policy committees) of the
                          Senate;
                              ``(II) any select committee (including the
                          conference majority and conference minority of the
                          Senate); or
                              ``(III) any joint committee the expenses of
                          which are paid from the contingent fund of the
                          Senate; and
                        ``(ii) an employee of a subcommittee shall be
                    considered to be an employee of the full committee.
                ``(B) Subject to adjustment as provided by law, no employee
            of a committee of the Senate shall be paid at a per annum gross
            rate in excess of $162,515.''.

        (b) <<NOTE: 2 USC 61-1 note.>>  Effective Date.--The amendment made
    by this section shall apply to fiscal year 2008 and each fiscal year
    thereafter.

        Sec. 5. <<NOTE: 22 USC 276p.>>  United States Senate-Japan
    Interparliamentary Group. (a) Establishment and Meetings.--Not to exceed
    12 Senators shall be appointed to meet once per Congress with
    representatives of the Diet of Japan for discussion of common problems
    in the interest of relations between the United States and Japan.

    [[Page 121 STAT. 2222]]

    The Senators so appointed shall be referred to as the ``United States
    group'' of the United States Senate-Japan Interparliamentary Group. The
    meetings shall take place in Japan and Washington, D.C. alternatively.

        (b) Appointment of Members.--The President of the Senate shall
    appoint Senators under this section, including a Chair and Vice Chair,
    upon recommendations of the majority and minority leaders of the Senate.
    Such appointments shall be for the duration of each Congress.
        (c) Funding.--There is authorized to be appropriated $100,000 for
    each Congress to assist in meeting the expenses of the United States
    group. Appropriations shall be disbursed on vouchers to be approved by
    the Chair of the United States group.
        (d) Certification of Expenditures.--A report of expenditures by the
    United States group shall be prepared and certified each Congress by the
    Chair.
        (e) Effective Date.--This section shall apply to fiscal year 2008,
    and each fiscal year thereafter.
        Sec. 6. Orientation Seminars. (a) In General.--Section 107(a) of the
    Supplemental Appropriations Act, 1979 (2 U.S.C. 69a; Public Law 96-38)
    is amended in the first sentence by striking ``$25,000'' and inserting
    ``$30,000''.
        (b) <<NOTE: 2 USC 69a note.>>  Effective Date.--The amendment made
    by this section shall apply with respect to fiscal year 2008 and each
    fiscal year thereafter.

        Sec. 7. <<NOTE: 2 USC 61f-13.>>  Media Support Services. (a)
    Definitions.--In this section, the terms ``national committee'' and
    ``political party'' have the meaning given such terms in section 301 of
    the Federal Election Campaign Act of 1971 (2 U.S.C. 431).

        (b) In General.--The official duties of employees of the Sergeant at
    Arms and Doorkeeper of the Senate under the Senate Daily Press Gallery,
    the Senate Periodical Press Gallery, the Senate Press Photographers
    Gallery, and the Senate Radio and Television Correspondents Gallery may
    include providing media support services with respect to the
    presidential nominating conventions of the national committees of
    political parties.
        (c) Approval of Sergeant at Arms.--The terms and conditions under
    which employees perform official duties under subsection (b) shall be
    subject to the approval of the Sergeant at Arms and Doorkeeper of the
    Senate.
        (d) Effective Date.--This section shall apply to fiscal year 2008
    and each fiscal year thereafter.
        Sec. 8. <<NOTE: Applicability. 2 USC 61h-6 note.>>  Consultants.
    With respect to fiscal year 2008, the first sentence of section 101(a)
    of the Supplemental Appropriations Act, 1977 (2 U.S.C. 61h-6(a)) shall
    be applied by substituting ``nine individual consultants'' for ``eight
    individual consultants''.

                            HOUSE OF REPRESENTATIVES

                              salaries and expenses

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

                            house leadership offices

        For salaries and expenses, as authorized by law, $24,048,000,
    including: Office of the Speaker, $4,761,000, including $25,000 for

    [[Page 121 STAT. 2223]]

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

                      Members' Representational Allowances

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

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

                               Committee Employees

                     Standing Committees, Special and Select

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

                           Committee on Appropriations

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

                        Salaries, Officers and Employees

        For compensation and expenses of officers and employees, as
    authorized by law, $166,785,000, including: for salaries and expenses of
    the Office of the Clerk, including not more than $13,000, of which not
    more than $10,000 is for the Family Room, for official representation
    and reception expenses, $22,423,000; for salaries and expenses of the
    Office of the Sergeant at Arms, including the position of Superintendent
    of Garages, and including not more than $3,000 for official
    representation and reception expenses,

    [[Page 121 STAT. 2224]]

    $6,884,000; for salaries and expenses of the Office of the Chief
    Administrative Officer, $114,553,000, of which $6,269,000 shall remain
    available until expended; for salaries and expenses of the Office of the
    Inspector General, $4,368,000; for salaries and expenses of the Office
    of Emergency Planning, Preparedness and Operations, $3,049,000, to
    remain available until expended; for salaries and expenses of the Office
    of General Counsel, $1,178,000; for the Office of the Chaplain,
    $166,000; for salaries and expenses of the Office of the
    Parliamentarian, including the Parliamentarian, $2,000 for preparing the
    Digest of Rules, and not more than $1,000 for official representation
    and reception expenses, $1,799,000; for salaries and expenses of the
    Office of the Law Revision Counsel of the House, $2,939,000; for
    salaries and expenses of the Office of the Legislative Counsel of the
    House, $7,258,000; for salaries and expenses of the Office of
    Interparliamentary Affairs, $702,000; for other authorized employees,
    $1,016,000; and for salaries and expenses of the Office of the
    Historian, $450,000.

                             Allowances and Expenses

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

                                Child Care Center

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

                            Administrative Provisions

        Sec. 101. (a) Requiring Amounts Remaining in Members'
    Representational Allowances To Be Used for Deficit Reduction or To
    Reduce the Federal Debt.--Notwithstanding any other provision of law,
    any amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
    Salaries and Expenses--Members' Representational Allowances'' shall be
    available only for fiscal year 2008. Any amount remaining after all
    payments are made under such allowances for fiscal year 2008 shall be
    deposited in the Treasury and used for deficit reduction (or, if there
    is no Federal budget deficit after all such payments have been made, for
    reducing the Federal debt, in such manner as the Secretary of the
    Treasury considers appropriate).

    [[Page 121 STAT. 2225]]

        (b) Regulations.--The Committee on House Administration of the House
    of Representatives shall have authority to prescribe regulations to
    carry out this section.
        (c) Definition.--As used in this section, the term ``Member of the
    House of Representatives'' means a Representative in, or a Delegate or
    Resident Commissioner to, the Congress.
        Sec. 102. Contract for Exercise Facility.--(a) Section 103(a) of the
    Legislative Branch Appropriations Act, 2005 (Public Law 108-447; 118
    Stat. 3175), is amended by striking ``private entity'' and inserting
    ``public or private entity''.
        (b) <<NOTE: Effective date.>>  The amendment made by subsection (a)
    shall take effect as if included in the enactment of the Legislative
    Branch Appropriations Act, 2005.

        Sec. 103. Deposits.--(a) The second sentence of section 101 of the
    Legislative Branch Appropriations Act, 1996 (2 U.S.C. 117j) is amended
    by striking ``deposited in the Treasury as miscellaneous receipts'' and
    inserting ``deposited in the Treasury for credit to the account of the
    Office of the Chief Administrative Officer''.
        (b) <<NOTE: Applicability. 2 USC 117j note.>>  The amendments made
    by this section shall apply with respect to fiscal year 2008 and each
    succeeding fiscal year.

        Sec. 104. House Services Revolving Fund.--(a) Section 105(b) of the
    Legislative Branch Appropriations Act, 2005 (2 U.S.C. 117m(b)) is
    amended by striking ``the Chief Administrative Officer'' and inserting
    the following: ``the Chief Administrative Officer, including purposes
    relating to energy and water conservation and environmental activities
    carried out in buildings, facilities, and grounds under the Chief
    Administrative Officer's jurisdiction,''.
        (b) <<NOTE: Applicability. 2 USC 117m note.>>  The amendments made
    by this section shall apply with respect to fiscal year 2008 and each
    succeeding fiscal year.

        Sec. 105. Adjustment.--The first sentence of section 5 of House
    Resolution 1238, Ninety-first Congress, agreed to December 22, 1970 (as
    enacted into permanent law by chapter VIII of the Supplemental
    Appropriations Act, 1971) (2 U.S.C. 31b-5), is amended by striking
    ``step 1 of level 6'' and inserting ``step 7 of level 11''.

                                   JOINT ITEMS

        For Joint Committees, as follows:

                            Joint Economic Committee

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

                           Joint Committee on Taxation

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

          Joint Congressional Committee on Inaugural Ceremonies of 2009

        For salaries and expenses associated with conducting the inaugural
    ceremonies of the President and Vice President of the United States,
    January 20, 2009, in accordance with such program as may be adopted by
    the joint congressional committee authorized

    [[Page 121 STAT. 2226]]

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

                        Office of the Attending Physician

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

                Capitol Guide Service and Special Services Office

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

                          Statements of Appropriations

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

                                 CAPITOL POLICE

                                    Salaries

        For salaries of employees of the Capitol Police, including overtime,
    hazardous duty pay differential, and Government contributions for
    health, retirement, social security, professional liability

    [[Page 121 STAT. 2227]]

    insurance, and other applicable employee benefits, $232,800,000, to be
    disbursed by the Chief of the Capitol Police or his designee.

                                General Expenses

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

                            Administrative Provisions

                          (including transfer of funds)

        Sec. 1001. Transfer Authority.--Amounts appropriated for fiscal year
    2008 for the Capitol Police may be transferred between the headings
    ``salaries'' and ``general expenses'' upon the approval of the
    Committees on Appropriations of the House of Representatives and the
    Senate.
        Sec. 1002. <<NOTE: 2 USC 1981.>>  Advance Payments.--During fiscal
    year 2008 and each succeeding fiscal year, following notification of the
    Committees on Appropriations of the House of Representatives and the
    Senate, the Chief of the Capitol Police may make payments in advance for
    obligations of the United States Capitol Police for subscription
    services if the Chief determines it to be more prompt, efficient, or
    economical to do so.

        Sec. 1003. Utility Tunnel Repairs.--(a) From the unexpended balances
    available under the heading ``Architect of the Capitol, Capitol Power
    Plant'' in chapter 6 of title V of the U.S. Troop Readiness, Veterans'
    Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007
    (Public Law 110-28; 111 Stat. 167), $876,000 are hereby rescinded.
        (b) In addition to the amounts otherwise made available in this Act
    under the heading ``Capitol Police, Salaries'', there is appropriated
    $876,000 for expenses under such heading resulting from any utility
    tunnel repairs and asbestos abatement activities carried out by the
    Architect of the Capitol: Provided, That the amount provided by this
    section is designated as described in section 5 (in the matter preceding
    division A of this consolidated Act).
        Sec. 1004. <<NOTE: U.S. Capitol Police and Library of Congress
    Police Merger Implementation Act of 2007. 2 USC 1901 note. 2 USC 1901
    note.>>  United States Capitol Police and Library of Congress Police
    Merger. (a) Short Title.--This section may be cited as the ``U.S.
    Capitol Police and Library of Congress Police Merger Implementation Act
    of 2007''.

        (b) Transfer of Personnel.--
                (1) Transfers.--

    [[Page 121 STAT. 2228]]

                        (A) Library of congress police employees.--Effective
                    on the employee's transfer date, each Library of
                    Congress Police employee shall be transferred to the
                    United States Capitol Police and shall become either a
                    member or civilian employee of the Capitol Police, as
                    determined by the Chief of the Capitol Police under
                    paragraph (2).
                        (B) Library of congress police civilian employees.--
                    Effective <<NOTE: Effective date.>>  on the employee's
                    transfer date, each Library of Congress Police civilian
                    employee shall be transferred to the United States
                    Capitol Police and shall become a civilian employee of
                    the Capitol Police.
                (2) Treatment of library of congress police employees.--
                        (A) Determination of status within capitol police.--
                              (i) Eligibility to serve as members of the
                          capitol police.--A Library of Congress Police
                          employee shall become a member of the Capitol
                          Police on the employee's transfer date if the
                          Chief of the Capitol Police determines and issues
                          a written certification that the employee meets
                          each of the following requirements:
                                        (I) Based on the assumption that
                                    such employee would perform a period of
                                    continuous Federal service after the
                                    transfer date, the employee would be
                                    entitled to an annuity for immediate
                                    retirement under section 8336(b) or
                                    8412(b) of title 5, United States Code
                                    (as determined by taking into account
                                    subparagraph (C)(i)), on the date such
                                    employee becomes 60 years of age.
                                        (II) During the transition period,
                                    the employee successfully completes
                                    training, as determined by the Chief of
                                    the Capitol Police.
                                        (III) The employee meets the
                                    qualifications required to be a member
                                    of the Capitol Police, as determined by
                                    the Chief of the Capitol Police.
                              (ii) Service as civilian employee of capitol
                          police.--If the Chief of the Capitol Police
                          determines that a Library of Congress Police
                          employee does not meet the eligibility
                          requirements, the employee shall become a civilian
                          employee of the Capitol Police on the employee's
                          transfer date.
                              (iii) Finality of determinations.--Any
                          determination of the Chief of the Capitol Police
                          under this subparagraph shall not be appealable or
                          reviewable in any manner.
                              (iv) Deadline for determinations.--The Chief
                          of the Capitol Police shall complete the
                          determinations required under this subparagraph
                          for all Library of Congress Police employees not
                          later than September 30, 2009.
                        (B) Exemption from mandatory separation.--Section
                    8335(c) or 8425(c) of title 5, United States Code, shall
                    not apply to any Library of Congress Police employee who
                    becomes a member of the Capitol Police under this
                    subsection, until the earlier of--

    [[Page 121 STAT. 2229]]

                              (i) the date on which the individual is
                          entitled to an annuity for immediate retirement
                          under section 8336(b) or 8412(b) of title 5,
                          United States Code; or
                              (ii) the date on which the individual--
                                        (I) is 57 years of age or older; and
                                        (II) is entitled to an annuity for
                                    immediate retirement under section
                                    8336(m) or 8412(d) of title 5, United
                                    States Code, (as determined by taking
                                    into account subparagraph (C)(i)).
                        (C) Treatment of prior creditable service for
                    retirement purposes.--
                              (i) Prior service for purposes of eligibility
                          for immediate retirement as member of capitol
                          police.--Any Library of Congress Police employee
                          who becomes a member of the Capitol Police under
                          this subsection shall be entitled to have any
                          creditable service under section 8332 or 8411 of
                          title 5, United States Code, that was accrued
                          prior to becoming a member of the Capitol Police
                          included in calculating the employee's service as
                          a member of the Capitol Police for purposes of
                          section 8336(m) or 8412(d) of title 5, United
                          States Code.
                              (ii) Prior service for purposes of computation
                          of annuity.--Any creditable service under section
                          8332 or 8411 of title 5, United States Code, of an
                          individual who becomes a member of the Capitol
                          Police under this paragraph that was accrued prior
                          to becoming a member of the Capitol Police--
                                        (I) shall be treated and computed as
                                    employee service under section 8339 or
                                    section 8415 of such title; but
                                        (II) shall not be treated as service
                                    as a member of the Capitol Police or
                                    service as a congressional employee for
                                    purposes of applying any formula under
                                    section 8339(b), 8339(q), 8415(c), or
                                    8415(d) of such title under which a
                                    percentage of the individual's average
                                    pay is multiplied by the years (or other
                                    period) of such service.
                (3) Duties of employees transferred to civilian positions.--
                        (A) Duties.--The duties of any individual who
                    becomes a civilian employee of the Capitol Police under
                    this section, including a Library of Congress Police
                    civilian employee under paragraph (1)(B) and a Library
                    of Congress Police employee who becomes a civilian
                    employee of the Capitol Police under paragraph
                    (2)(A)(ii), shall be determined solely by the Chief of
                    the Capitol Police, except that a Library of Congress
                    Police civilian employee under paragraph (1)(B) shall
                    continue to support Library of Congress police
                    operations until all Library of Congress Police
                    employees are transferred to the United States Capitol
                    Police under this section.
                        (B) Finality of determinations.--Any determination
                    of the Chief of the Capitol Police under this paragraph
                    shall not be appealable or reviewable in any manner.
                (4) Protecting status of transferred employees.--

    [[Page 121 STAT. 2230]]

                        (A) Nonreduction in pay, rank, or grade.--The
                    transfer of any individual under this subsection shall
                    not cause that individual to be separated or reduced in
                    basic pay, rank or grade.
                        (B) Leave and compensatory time.--Any annual leave,
                    sick leave, or other leave, or compensatory time, to the
                    credit of an individual transferred under this
                    subsection shall be transferred to the credit of that
                    individual as a member or an employee of the Capitol
                    Police (as the case may be). The treatment of leave or
                    compensatory time transferred under this subsection
                    shall be governed by regulations of the Capitol Police
                    Board.
                        (C) Prohibiting imposition of probationary period.--
                    The Chief of the Capitol Police may not impose a period
                    of probation on any individual who is transferred under
                    this section.
                (5) Rules of construction relating to employee
            representation.--
                        (A) Employee representation.--Nothing in this
                    section shall be construed to authorize any labor
                    organization that represented an individual who was a
                    Library of Congress police employee or a Library of
                    Congress police civilian employee before the
                    individual's transfer date to represent that individual
                    as a member of the Capitol Police or an employee of the
                    Capitol Police after the individual's transfer date.
                        (B) Agreements not applicable.--Nothing in this
                    section shall be construed to authorize any collective
                    bargaining agreement (or any related court order,
                    stipulated agreement, or agreement to the terms or
                    conditions of employment) applicable to Library of
                    Congress police employees or to Library of Congress
                    police civilian employees to apply to members of the
                    Capitol Police or to civilian employees of the Capitol
                    Police.
                (6) Rule of construction relating to personnel authority of
            the chief of the capitol police.--Nothing in this section shall
            be construed to affect the authority of the Chief of the Capitol
            Police to--
                        (A) terminate the employment of a member of the
                    Capitol Police or a civilian employee of the Capitol
                    Police; or
                        (B) transfer any individual serving as a member of
                    the Capitol Police or a civilian employee of the Capitol
                    Police to another position with the Capitol Police.
                (7) Transfer date defined.--In this section, the term
            ``transfer date'' means, with respect to an employee--
                        (A) in the case of a Library of Congress Police
                    employee who becomes a member of the Capitol Police, the
                    first day of the first pay period applicable to members
                    of the United States Capitol Police which begins after
                    the date on which the Chief of the Capitol Police issues
                    the written certification for the employee under
                    paragraph (2)(A);
                        (B) in the case of a Library of Congress Police
                    employee who becomes a civilian employee of the Capitol
                    Police, the first day of the first pay period applicable
                    to employees of the United States Capitol Police which
                    begins after September 30, 2009; or

    [[Page 121 STAT. 2231]]

                        (C) in the case of a Library of Congress Police
                    civilian employee, the first day of the first pay period
                    applicable to employees of the United States Capitol
                    Police which begins after September 30, 2008.
                (8) Cancellation in portion of unobligated balance of
            fedlink revolving fund .--Amounts available for obligation by
            the Librarian of Congress as of the date of the enactment of
            this Act from the unobligated balance in the revolving fund
            established under section 103 of the Library of Congress Fiscal
            Operations Improvement Act of 2000 (2 U.S.C. 182c) for the
            Federal Library and Information Network program of the Library
            of Congress and the Federal Research program of the Library of
            Congress are reduced by a total of $560,000, and the amount so
            reduced is hereby cancelled.

        (c) Transition Provisions.--
                (1) Transfer and allocations of property and
            appropriations.--
                        (A) In general.--Effective on the transfer date of
                    any Library of Congress Police employee and Library of
                    Congress Police civilian employee who is transferred
                    under this section--
                              (i) the assets, liabilities, contracts,
                          property, and records associated with the employee
                          shall be transferred to the Capitol Police; and
                              (ii) the unexpended balances of
                          appropriations, authorizations, allocations, and
                          other funds employed, used, held, arising from,
                          available to, or to be made available in
                          connection with the employee shall be transferred
                          to and made available under the appropriations
                          accounts for the Capitol Police for ``Salaries''
                          and ``General Expenses'', as applicable.
                        (B) Joint review.--During the transition period, the
                    Chief of the Capitol Police and the Librarian of
                    Congress shall conduct a joint review of the assets,
                    liabilities, contracts, property records, and unexpended
                    balances of appropriations, authorizations, allocations,
                    and other funds employed, used, held, arising from,
                    available to, or to be made available in connection with
                    the transfer under this section.
                (2) Treatment of alleged violations of certain employment
            laws with respect to transferred individuals.--
                        (A) In general.--Notwithstanding any other provision
                    of law and except as provided in subparagraph (C), in
                    the case of an alleged violation of any covered law (as
                    defined in subparagraph (D)) which is alleged to have
                    occurred prior to the transfer date with respect to an
                    individual who is transferred under this section, and
                    for which the individual has not exhausted all of the
                    remedies available for the consideration of the alleged
                    violation which are provided for employees of the
                    Library of Congress under the covered law prior to the
                    transfer date, the following shall apply:
                              (i) The individual may not initiate any
                          procedure which is available for the consideration
                          of the alleged violation of the covered law which
                          is provided for

    [[Page 121 STAT. 2232]]

                          employees of the Library of Congress under the
                          covered law.
                              (ii) To the extent that the individual has
                          initiated any such procedure prior to the transfer
                          date, the procedure shall terminate and have no
                          legal effect.
                              (iii) Subject to subparagraph (B), the
                          individual may initiate and participate in any
                          procedure which is available for the resolution of
                          grievances of officers and employees of the
                          Capitol Police under the Congressional
                          Accountability Act of 1995 (2 U.S.C. 1301 et seq.)
                          to provide for consideration of the alleged
                          violation. The previous sentence does not apply in
                          the case of an alleged violation for which the
                          individual exhausted all of the available remedies
                          which are provided for employees of the Library of
                          Congress under the covered law prior to the
                          transfer date.
                        (B) Special rules for applying congressional
                    accountability act of 1995.--In applying subparagraph
                    (A)(iii) with respect to an individual to whom this
                    subsection applies, for purposes of the consideration of
                    the alleged violation under the Congressional
                    Accountability Act of 1995--
                              (i) the date of the alleged violation shall be
                          the individual's transfer date;
                              (ii) notwithstanding the third sentence of
                          section 402(a) of such Act (2 U.S.C. 1402(a)), the
                          individual's request for counseling under such
                          section shall be made not later than 60 days after
                          the date of the alleged violation; and
                              (iii) the employing office of the individual
                          at the time of the alleged violation shall be the
                          Capitol Police Board.
                        (C) Exception for alleged violations subject to
                    hearing prior to transfer.--Subparagraph (A) does not
                    apply with respect to an alleged violation for which a
                    hearing has commenced in accordance with the covered law
                    on or before the transfer date.
                        (D) Covered law defined.--In this paragraph, a
                    ``covered law'' is any law for which the remedy for an
                    alleged violation is provided for officers and employees
                    of the Capitol Police under the Congressional
                    Accountability Act of 1995 (2 U.S.C. 1301 et seq.).
                (3) Availability of detailees during transition period.--
            During the transition period, the Chief of the Capitol Police
            may detail additional members of the Capitol Police to the
            Library of Congress, without reimbursement.
                (4) Effect on existing memorandum of understanding.--The
            Memorandum of Understanding between the Library of Congress and
            the Capitol Police entered into on December 12, 2004, shall
            remain in effect during the transition period, subject to--
                        (A) the provisions of this section; and
                        (B) such modifications as may be made in accordance
                    with the modification and dispute resolution provisions
                    of the Memorandum of Understanding, consistent with the
                    provisions of this section.

    [[Page 121 STAT. 2233]]

                (5) Rule of construction relating to personnel authority of
            the librarian of congress.--Nothing in this section shall be
            construed to affect the authority of the Librarian of Congress
            to--
                        (A) terminate the employment of a Library of
                    Congress Police employee or Library of Congress Police
                    civilian employee; or
                        (B) transfer any individual serving in a Library of
                    Congress Police employee position or Library of Congress
                    Police civilian employee position to another position at
                    the Library of Congress.

        (d) Police Jurisdiction, Unlawful Activities, and Penalties.--
                (1) Jurisdiction.--
                        (A) Extension of capitol police jurisdiction.--
                    Section 9 of the Act entitled ``An Act to define the
                    area of the United States Capitol Grounds, to regulate
                    the use thereof, and for other purposes'', approved July
                    31, 1946 (2 U.S.C. 1961) is amended by adding at the end
                    the following:

        ``(d) For purposes of this section, `United States Capitol Buildings
    and Grounds' shall include the Library of Congress buildings and grounds
    described under section 11 of the Act entitled `An Act relating to the
    policing of the buildings of the Library of Congress', approved August
    4, 1950 (2 U.S.C. 167j), except that in a case of buildings or grounds
    not located in the District of Columbia, the authority granted to the
    Metropolitan Police Force of the District of Columbia shall be granted
    to any police force within whose jurisdiction the buildings or grounds
    are located.''.
                        (B) <<NOTE: 2 USC 167 note.>>  Repeal of library of
                    congress police jurisdiction.--The first section and
                    sections 7 and 9 of the Act of August 4, 1950 (2 U.S.C.
                    167, 167f, 167h) are repealed on October 1, 2009.
                (2) Unlawful activities and penalties.--
                        (A) Extension of united states capitol buildings and
                    grounds provisions to the library of congress buildings
                    and grounds.--
                              (i) Capitol buildings.--Section 5101 of title
                          40, United States Code, is amended by inserting
                          ``all buildings on the real property described
                          under section 5102(d)'' after ``(including the
                          Administrative Building of the United States
                          Botanic Garden)''.
                              (ii) Capitol grounds.--Section 5102 of title
                          40, United States Code, is amended by adding at
                          the end the following:

        ``(d) Library of Congress Buildings and Grounds.--
                ``(1) In general.--Except as provided under paragraph (2),
            the United States Capitol Grounds shall include the Library of
            Congress grounds described under section 11 of the Act entitled
            `An Act relating to the policing of the buildings of the Library
            of Congress', approved August 4, 1950 (2 U.S.C. 167j).
                ``(2) Authority of librarian of congress.--Notwithstanding
            subsections (a) and (b), the Librarian of Congress shall retain
            authority over the Library of Congress buildings and grounds in
            accordance with section 1 of the Act of June 29, 1922 (2 U.S.C.
            141; 42 Stat. 715).''.

    [[Page 121 STAT. 2234]]

                              (iii) Conforming amendment relating to
                          disorderly conduct.--Section 5104(e)(2) of title
                          40, United States Code, is amended by striking
                          subparagraph (C) and inserting the following:
                              ``(C) with the intent to disrupt the orderly
                          conduct of official business, enter or remain in a
                          room in any of the Capitol Buildings set aside or
                          designated for the use of--
                                        ``(i) either House of Congress or a
                                    Member, committee, officer, or employee
                                    of Congress, or either House of
                                    Congress; or
                                        ``(ii) the Library of Congress;''.
                        (B) Repeal of offenses and penalties specific to the
                    library of congress.--Sections 2, 3, 4, 5, 6, and 8 of
                    the Act of August 4, 1950 (2 U.S.C. 167a, 167b, 167c,
                    167d, 167e, and 167g) are repealed.
                        (C) Suspension of prohibitions against use of
                    library of congress buildings and grounds.--Section 10
                    of the Act of August 4, 1950 (2 U.S.C. 167i) is amended
                    by striking ``2 to 6, inclusive, of this Act'' and
                    inserting ``5103 and 5104 of title 40, United States
                    Code''.
                        (D) Conforming amendment to description of library
                    of congress grounds.--Section 11 of the Act of August 4,
                    1950 (2 U.S.C. 167j) is amended--
                              (i) in subsection (a), by striking ``For the
                          purposes of this Act the'' and inserting ``The'';
                              (ii) in subsection (b), by striking ``For the
                          purposes of this Act the'' and inserting ``The'';
                              (iii) in subsection (c), by striking ``For the
                          purposes of this Act the'' and inserting ``The'';
                          and
                              (iv) in subsection (d), by striking ``For the
                          purposes of this Act the'' and inserting ``The''.
                (3) Conforming amendment relating to jurisdiction of
            inspector general of library of congress.--Section 1307(b)(1) of
            the Legislative Branch Appropriations Act, 2006 (2 U.S.C.
            185(b)), is amended by striking the semicolon at the end and
            inserting the following: ``, except that nothing in this
            paragraph may be construed to authorize the Inspector General to
            audit or investigate any operations or activities of the United
            States Capitol Police;''.
                (4) <<NOTE: 2 USC 167 note.>>  Effective date.--The
            amendments made by this section shall take effect October 1,
            2009.

        (e) <<NOTE: 2 USC 141b.>>  Collections, Physical Security, Control,
    and Preservation of Order and Decorum Within the Library.--
                (1) Establishment of regulations.--The Librarian of Congress
            shall establish standards and regulations for the physical
            security, control, and preservation of the Library of Congress
            collections and property, and for the maintenance of suitable
            order and decorum within Library of Congress.
                (2) Treatment of security systems.--
                        (A) Responsibility for security systems.--In
                    accordance with the authority of the Capitol Police and
                    the Librarian of Congress established under this
                    section, the amendments made by this section, and the
                    provisions of law referred to in subparagraph (C), the
                    Chief of the Capitol Police and the Librarian of
                    Congress shall be responsible for the operation of
                    security systems at the Library of

    [[Page 121 STAT. 2235]]

                    Congress buildings and grounds described under section
                    11 of the Act of August 4, 1950, in consultation and
                    coordination with each other, subject to the following:
                              (i) The Librarian of Congress shall be
                          responsible for the design of security systems for
                          the control and preservation of Library
                          collections and property, subject to the review
                          and approval of the Chief of the Capitol Police.
                              (ii) The Librarian of Congress shall be
                          responsible for the operation of security systems
                          at any building or facility of the Library of
                          Congress which is located outside of the District
                          of Columbia, subject to the review and approval of
                          the Chief of the Capitol Police.
                        (B) <<NOTE: Deadline.>>  Initial proposal for
                    operation of systems.--Not later than October 1, 2008,
                    the Chief of the Capitol Police, in coordination with
                    the Librarian of Congress, shall prepare and submit to
                    the Committee on House Administration of the House of
                    Representatives, the Committee on Rules and
                    Administration of the Senate, and the Committees on
                    Appropriations of the House of Representatives and the
                    Senate an initial proposal for carrying out this
                    paragraph.
                        (C) Provisions of law.--The provisions of law
                    referred to in this subparagraph are as follows:
                              (i) Section 1 of the Act of June 29, 1922 (2
                          U.S.C. 141).
                              (ii) The undesignated provision under the
                          heading ``General Provision, This Chapter'' in
                          chapter 5 of title II of division B of the Omnibus
                          Consolidated and Emergency Supplemental
                          Appropriations Act, 1999 (2 U.S.C. 141a).
                              (iii) Section 308 of the Legislative Branch
                          Appropriations Act, 1996 (2 U.S.C. 1964).
                              (iv) Section 308 of the Legislative Branch
                          Appropriations Act, 1997 (2 U.S.C. 1965).

        (f) Payment of Capitol Police Services Provided in Connection With
    Relating to Library of Congress Special Events.--
                (1) Payments of amounts deposited in revolving fund.--
            Section 102(e) of the Library of Congress Fiscal Operations
            Improvement Act of 2000 (2 U.S.C. 182b(e)) is amended to read as
            follows:

        ``(e) Use of Amounts.--
                ``(1) In general.--Except as provided in paragraph (2),
            amounts in the accounts of the revolving fund under this section
            shall be available to the Librarian, in amounts specified in
            appropriations Acts and without fiscal year limitation, to carry
            out the programs and activities covered by such accounts.
                ``(2) Special rule for payments for certain capitol police
            services.--In the case of any amount in the revolving fund
            consisting of a payment received for services of the United
            States Capitol Police in connection with a special event or
            program described in subsection (a)(4), the Librarian shall
            transfer such amount upon receipt to the Capitol Police for
            deposit into the applicable appropriations accounts of the
            Capitol Police.''.

    [[Page 121 STAT. 2236]]

                (2) <<NOTE: 2 USC 143c.>>  Use of other library funds to
            make payments.--In addition to amounts transferred pursuant to
            section 102(e)(2) of the Library of Congress Fiscal Operations
            Improvement Act of 2000 (as added by paragraph (1)), the
            Librarian of Congress may transfer amounts made available for
            salaries and expenses of the Library of Congress during a fiscal
            year to the applicable appropriations accounts of the United
            States Capitol Police in order to reimburse the Capitol Police
            for services provided in connection with a special event or
            program described in section 102(a)(4) of such Act.
                (3) <<NOTE: 2 USC 182b note.>>  Effective date.--The
            amendments made by this subsection shall apply with respect to
            services provided by the United States Capitol Police on or
            after the date of the enactment of this Act.

        (g) Other Conforming Amendments.--
                (1) In general.--Section 1015 of the Legislative Branch
            Appropriations Act, 2003 (2 U.S.C. 1901 note) and section 1006
            of the Legislative Branch Appropriations Act, 2004 (2 U.S.C.
            1901 note; Public Law 108-83; 117 Stat. 1023) are repealed.
                (2) <<NOTE: 2 USC 1901 note.>>  Effective date.--The
            amendments made by paragraph (1) shall take effect October 1,
            2009.

        (h) <<NOTE: 2 USC 1901 note.>>  Definitions.--In this section--
                (1) the term ``Act of August 4, 1950'' means the Act
            entitled ``An Act relating to the policing of the buildings and
            grounds of the Library of Congress,'' (2 U.S.C. 167 et seq.);
                (2) the term ``Library of Congress Police employee'' means
            an employee of the Library of Congress designated as police
            under the first section of the Act of August 4, 1950 (2 U.S.C.
            167);
                (3) the term ``Library of Congress Police civilian
            employee'' means an employee of the Library of Congress Office
            of Security and Emergency Preparedness who provides direct
            administrative support to, and is supervised by, the Library of
            Congress Police, but shall not include an employee of the
            Library of Congress who performs emergency preparedness or
            collections control and preservation functions; and
                (4) the term ``transition period'' means the period the
            first day of which is the date of the enactment of this Act and
            the final day of which is September 30, 2009.

                              OFFICE OF COMPLIANCE

                              Salaries and Expenses

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

    [[Page 121 STAT. 2237]]

                            Administrative Provision

        Sec. 1101. Compensation of Board and Officers of the Office of
    Compliance. (a) Members of the Board of Directors.--Section 301(g) of
    the Congressional Accountability Act of 1995 (2 U.S.C. 1381(g)) is
    amended by striking paragraph (1) and inserting the following:
                ``(1) Per diem.--
                        ``(A) Rate of compensation for each day.--Each
                    member of the Board shall be compensated, for each day
                    (including travel time) during which such member is
                    engaged in the performance of the duties of the Board,
                    at a rate equal to the daily equivalent of the lesser
                    of--
                              ``(i) the highest annual rate of compensation
                          of any officer of the Senate; or
                              ``(ii) the highest annual rate of compensation
                          of any officer of the House of Representatives.
                        ``(B) Authority to prorate.--The rate of pay of a
                    member may be prorated based on the portion of the day
                    during which the member is engaged in the performance of
                    Board duties.''.

        (b) Officers.--Section 302 of the Congressional Accountability Act
    of 1995 (2 U.S.C. 1382) is amended--
                (1) in subsection (a), by striking paragraph (2) and
            inserting the following:
                ``(2) Compensation.--
                        ``(A) Authority to fix compensation.--The Chair may
                    fix the compensation of the Executive Director.
                        ``(B) Limitation.--The rate of pay for the Executive
                    Director may not exceed the lesser of--
                              ``(i) the highest annual rate of compensation
                          of any officer of the Senate; or
                              ``(ii) the highest annual rate of compensation
                          of any officer of the House of Representatives.'';
                (2) in subsection (b), by striking paragraph (3) and
            inserting the following:
                ``(3) Compensation.--
                        ``(A) Authority to fix compensation.--The Chair may
                    fix the compensation of the Deputy Executive Directors.
                        ``(B) Limitation.--The rate of pay for a Deputy
                    Executive Director may not exceed 96 percent of the
                    lesser of--
                              ``(i) the highest annual rate of compensation
                          of any officer of the Senate; or
                              ``(ii) the highest annual rate of compensation
                          of any officer of the House of Representatives.'';
                (3) in subsection (c), by striking paragraph (2) and
            inserting the following:
                ``(2) Compensation.--
                        ``(A) Authority to fix compensation.--The Chair may
                    fix the compensation of the General Counsel.
                        ``(B) Limitation.--The rate of pay for the General
                    Counsel may not exceed the lesser of--
                              ``(i) the highest annual rate of compensation
                          of any officer of the Senate; or
                              ``(ii) the highest annual rate of compensation
                          of any officer of the House of Representatives.'';
                          and

    [[Page 121 STAT. 2238]]

                (4) in subsection (e), by striking ``General Accounting
            Office'' and inserting ``Government Accountability Office''.

                           CONGRESSIONAL BUDGET OFFICE

                              Salaries and Expenses

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

                            Administrative Provision

        Sec. 1201. <<NOTE: 2 USC 611 note.>>  Executive Exchange Program for
    the Congressional Budget Office. (a) In General.--The Director of the
    Congressional Budget Office may establish and conduct an executive
    exchange program under which employees of the Office may be assigned to
    private sector organizations, and employees of private sector
    organizations may be assigned to the Office, for 1-year periods to
    further the institutional interests of the Office or Congress, including
    for the purpose of providing training to officers and employees of the
    Office.

        (b) Limitations and Conditions.--The Director of the Congressional
    Budget Office shall--
                (1) limit the number of officers and employees who are
            assigned to private sector organizations at any one time to not
            more than 3;
                (2) limit the number of employees from private sector
            organizations who are assigned to the Office at any one time to
            not more than 3;
                (3) require that an employee of a private sector
            organization assigned to the Office may not have access to any
            trade secrets or to any other nonpublic information which is of
            commercial value to the private sector organization from which
            such employee is assigned; and
                (4) approve employees to be detailed from the private sector
            without regard to political affiliation and solely on the basis
            of their fitness to perform their assigned duties.

        (c) Treatment of Private Employees.--An employee of a private sector
    organization assigned to the Office under the executive exchange program
    shall be considered to be an employee of the Office for purposes of--
                (1) chapter 73 of title 5, United States Code;
                (2) sections 201, 203, 205, 207, 208, 209, 603, 606, 607,
            643, 654, 1905, and 1913 of title 18, United States Code;
                (3) sections 1343, 1344, and 1349(b) of title 31, United
            States Code;
                (4) chapter 171 of title 28, United States Code (commonly
            referred to as the ``Federal Tort Claims Act'') and any other
            Federal tort liability statute;
                (5) the Ethics in Government Act of 1978 (5 U.S.C. App.);
            and
                (6) section 1043 of the Internal Revenue Code of 1986.

        (d) Termination of Assignments.--No assignment under this section
    shall commence after the end of the 2-year period beginning on the date
    of enactment of this section.

    [[Page 121 STAT. 2239]]

        (e) Effective Date.--Subject to subsection (d), this section shall
    apply to fiscal year 2008 and each fiscal year thereafter.

                            ARCHITECT OF THE CAPITOL

                             General Administration

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

                                Capitol Building

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

                                 Capitol Grounds

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

                             Senate Office Buildings

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

                             House Office Buildings

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

                               Capitol Power Plant

        For all necessary expenses for the maintenance, care and operation
    of the Capitol Power Plant; lighting, heating, power (including the
    purchase of electrical energy) and water and sewer services for the
    Capitol, Senate and House office buildings, Library of Congress
    buildings, and the grounds about the same, Botanic Garden, Senate
    garage, and air conditioning refrigeration not supplied from plants in
    any of such buildings; heating the Government Printing Office and
    Washington City Post Office, and heating and chilled

    [[Page 121 STAT. 2240]]

    water for air conditioning for the Supreme Court Building, the Union
    Station complex, the Thurgood Marshall Federal Judiciary Building and
    the Folger Shakespeare Library, expenses for which shall be advanced or
    reimbursed upon request of the Architect of the Capitol and amounts so
    received shall be deposited into the Treasury to the credit of this
    appropriation, $85,310,000, of which $3,155,000 shall remain available
    until September 30, 2012: Provided, That not more than $8,000,000 of the
    funds credited or to be reimbursed to this appropriation as herein
    provided shall be available for obligation during fiscal year 2008.

                          Library Buildings and Grounds

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

                 Capitol Police Buildings, Grounds, and Security

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

                                 Botanic Garden

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

                             Capitol Visitor Center

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

                            Administrative Provisions

        Sec. 1301. <<NOTE: Architect of the Capitol Inspector General Act of
    2007. 2 USC 1808.>>  Inspector General of the Architect of the Capitol.
    (a) Short Title.--This section may be cited as the ``Architect of the
    Capitol Inspector General Act of 2007''.

        (b) Office of Inspector General.--There is an Office of Inspector
    General within the Office of the Architect of the Capitol which is an
    independent objective office to--

    [[Page 121 STAT. 2241]]

                (1) conduct and supervise audits and investigations relating
            to the Architect of the Capitol;
                (2) provide leadership and coordination and recommend
            policies to promote economy, efficiency, and effectiveness; and
                (3) provide a means of keeping the Architect of the Capitol
            and the Congress fully and currently informed about problems and
            deficiencies relating to the administration of programs and
            operations of the Architect of the Capitol.

        (c) Appointment of Inspector General; Supervision; Removal.--
                (1) Appointment and supervision.--
                        (A) In general.--There shall be at the head of the
                    Office of Inspector General, an Inspector General who
                    shall be appointed by the Architect of the Capitol, in
                    consultation with the Inspectors General of the Library
                    of Congress, Government Printing Office, Government
                    Accountability Office, and United States Capitol Police.
                    The appointment shall be made without regard to
                    political affiliation and solely on the basis of
                    integrity and demonstrated ability in accounting,
                    auditing, financial analysis, law, management analysis,
                    public administration, or investigations. The Inspector
                    General shall report to, and be under the general
                    supervision of, the Architect of the Capitol.
                        (B) Audits, investigations, reports, and other
                    duties and responsibilities.--The Architect of the
                    Capitol shall have no authority to prevent or prohibit
                    the Inspector General from--
                              (i) initiating, carrying out, or completing
                          any audit or investigation;
                              (ii) issuing any subpoena during the course of
                          any audit or investigation;
                              (iii) issuing any report; or
                              (iv) carrying out any other duty or
                          responsibility of the Inspector General under this
                          section.
                (2) Removal.--The Inspector General may be removed from
            office by the Architect of the Capitol. The Architect of the
            Capitol shall, promptly upon such removal, communicate in
            writing the reasons for any such removal to each House of
            Congress.
                (3) Compensation.--The Inspector General shall be paid at an
            annual rate of pay equal to $1,500 less than the annual rate of
            pay of the Architect of the Capitol.

        (d) Duties, Responsibilities, Authority, and Reports.--
                (1) In general.--Sections 4, 5 (other than subsections
            (a)(13) and (e)(1)(B) thereof), 6 (other than subsection (a)(7)
            and (8) thereof), and 7 of the Inspector General Act of 1978 (5
            U.S.C. App.) shall apply to the Inspector General of the
            Architect of the Capitol and the Office of such Inspector
            General and such sections shall be applied to the Office of the
            Architect of the Capitol and the Architect of the Capitol by
            substituting--
                        (A) ``Office of the Architect of the Capitol'' for
                    ``establishment''; and
                        (B) ``Architect of the Capitol'' for ``head of the
                    establishment''.
                (2) Employees.--The Inspector General, in carrying out this
            section, is authorized to select, appoint, and employ such

    [[Page 121 STAT. 2242]]

            officers and employees (including consultants) as may be
            necessary for carrying out the functions, powers, and duties of
            the Office of Inspector General subject to the provisions of law
            governing selections, appointments, and employment in the Office
            of the Architect of the Capitol.

        (e) Transfers.--All functions, personnel, and budget resources of
    the Office of the Inspector General of the Architect of the Capitol as
    in effect before the effective date of this section are transferred to
    the Office of Inspector General described under subsection (b).
        (f) References.--References in any other Federal law, Executive
    order, rule, regulation, or delegation of authority, or any document of
    or relating to the Inspector General of the Architect of the Capitol
    shall be deemed to refer to the Inspector General as set forth under
    this section.
        (g) <<NOTE: Deadline.>>  First Appointment.--By the date occurring
    180 days after the date of enactment of this Act, the Architect of the
    Capitol shall appoint an individual to the position of Inspector General
    of the Architect of the Capitol described under subparagraph (A) of
    subsection (c)(1) in accordance with that subparagraph.

        (h) Effective Date.--
                (1) In general.--Except as provided under paragraph (2),
            this section shall take effect 180 days after the date of
            enactment of this Act and apply with respect to fiscal year 2008
            and each fiscal year thereafter.
                (2) First appointment.--Subsection (g) shall take effect on
            the date of enactment of this Act and the Architect of the
            Capitol shall take such actions as necessary after such date of
            enactment to carry out that subsection.

        Sec. 1302. <<NOTE: 2 USC 1831 note.>>  Flexible Work Schedules.
    Notwithstanding section 6101 of title 5, United States Code, the
    Architect of the Capitol may establish and conduct a pilot program to
    test flexible work schedules within the Architect of the Capitol and
    Botanic Garden. Such pilot program shall be in accordance with chapter
    61 of title 5, United States Code. <<NOTE: Termination date.>>  This
    authority shall terminate effective September 30, 2008.

        Sec. 1303. Travel and Transportation. (a) In General.--Section
    5721(1) of title 5, United States Code, is amended--
                (1) by redesignating subparagraphs (G) and (H) as
            subparagraphs (H) and (I), respectively; and
                (2) by inserting after subparagraph (F) the following:
                        ``(G) the Architect of the Capitol;''.

        (b) Demonstration Program.--Section 521(1)(B) of the National Energy
    Conservation Policy Act (42 U.S.C. 8241(1)(B)) is amended by striking
    ``paragraphs (B) through (H)'' and inserting ``subparagraphs (B) through
    (I)''.
        Sec. 1304. <<NOTE: 2 USC 1869.>>  Advance Payments.--During fiscal
    year 2008 and each succeeding fiscal year, following notification of the
    Committees on Appropriations of the House of Representatives and the
    Senate, the Architect of the Capitol may make payments in advance for
    obligations of the Office of the Architect of the Capitol for
    subscription services if the Architect determines it to be more prompt,
    efficient, or economical to do so.

        Sec. 1305. <<NOTE: 2 USC 1825.>>  CVC Maintenance.--For maintenance
    purposes, the Capitol Visitor Center (CVC) is considered an extension of
    the Capitol Building, and the maintenance functions for the CVC's
    infrastructure is the responsibility of the Architect of the Capitol.
    Starting in fiscal year 2008, and each fiscal year thereafter, the

    [[Page 121 STAT. 2243]]

    CVC's facilities maintenance budget and associated payroll will be
    included with the Capitol Building's appropriation budget, and
    integrated in such a way as to facilitate the reporting of expenses
    associated with the maintenance of the CVC facility.

        Sec. 1306. Leasing Authority.--(a) <<NOTE: Effective
    dates.>> Section 1102(b) of the Legislative Branch Appropriations Act,
    2004 (2 U.S.C. 1822(b)) is amended--
                (1) in paragraph (1), by striking ``Committee on Rules and
            Administration'' and inserting ``Committees on Appropriations
            and Rules and Administration'';
                (2) in paragraph (2), by striking ``the House Office
            Building Commission'' and inserting ``the Committee on
            Appropriations of the House of Representatives and the House
            Office Building Commission''; and
                (3) in paragraph (3), by striking the period at the end and
            inserting ``, for space to be leased for any other entity under
            subsection (a).''.

        (b) <<NOTE: 2 USC 1822 note.>>  The amendments made by subsection
    (a) shall take effect as if included in the enactment of the Legislative
    Branch Appropriations Act, 2004.

        Sec. 1307. <<NOTE: 2 USC 1826.>>  Easements for Rights-of-Way. (a)
    In General.--The Architect of the Capitol may grant, upon such terms as
    the Architect of the Capitol considers advisable, including monetary
    consideration, easements for rights-of-way over, in, and upon the
    Capitol Grounds and any other public lands under the jurisdiction and
    control of the Architect of the Capitol.

        (b) Limitation.--No easement granted under this section may include
    more land than is necessary for the easement.
        (c) Easement Account.--There is established in the Treasury an
    easement account for the Architect of the Capitol. The Architect of the
    Capitol shall deposit in the account all proceeds received relating to
    the granting of easements under this section. The proceeds deposited in
    that account shall be available to the Architect, in such amounts and
    for such purposes provided in appropriations acts.
        (d) In-Kind Consideration.--Subject to subsection (f), the Architect
    may accept in-kind consideration instead of, or in addition to, any
    monetary consideration, for any easement granted under this section.
        (e) Termination of Easement.--The Architect of the Capitol may
    terminate all or part of any easement granted under this section for--
                (1) failure to comply with the terms of the grant;
                (2) nonuse for a 2-year period; or
                (3) abandonment.

        (f) Approval.--The Architect of the Capitol may grant an easement
    for rights-of-way under subsection (a) upon submission of written notice
    of intent to grant that easement and the amount or type of consideration
    to be received, and approval by--
                (1) the Committee on Rules and Administration of the Senate
            for easements granted on property under Senate jurisdiction;
                (2) the House Office Building Commission for property under
            House of Representatives jurisdiction; and
                (3) the Committee on Rules and Administration of the Senate
            and the House Office Building Commission for easements granted
            on any other property.

    [[Page 121 STAT. 2244]]

        (g) Effective Date.--This section shall apply to fiscal year 2008
    and each fiscal year thereafter.
        Sec. <<NOTE: 2 USC 1816a.>> 1308. Design-Build Contracts.--(a)
    Notwithstanding any other provision of law, the Architect of the Capitol
    may use the two-phase selection procedures authorized in section 303M of
    the Federal Property and Administrative Services Act of 1949 (41 U.S.C.
    253m) for entering into a contract for the design and construction of a
    public building, facility, or work in the same manner and under the same
    terms and conditions as the head of an executive agency under such
    section.

        (b) <<NOTE: Applicability.>> This section shall apply with respect
    to fiscal year 2008 and each succeeding fiscal year.

        Sec. <<NOTE: Appointment. 2 USC 1807.>> 1309. Assistant to the Chief
    Executive Officer for Visitor Services. (a) Definition.--In this section
    the term ``Chief Executive Officer'' means the Chief Executive Officer
    for Visitor Services established under section 6701 of the U.S. Troop
    Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
    Appropriations Act of 2007 (2 U.S.C. 1806).

        (b) Assistant to the Chief Executive Officer.--The Architect of the
    Capitol shall--
                (1) after consultation with the Chief Executive Officer,
            appoint an assistant to perform the responsibilities of the
            Chief Executive Officer during the absence or disability of the
            Chief Executive Officer, or during a vacancy in the position of
            the Chief Executive Officer; and
                (2) fix the rate of basic pay for the position of the
            assistant appointed under paragraph (1) at a rate not to exceed
            the highest total rate of pay for the Senior Executive Service
            under subchapter VIII of chapter 53 of title 5, United States
            Code, for the locality involved.

        (c) Effective Date.--This section shall apply to fiscal year 2008
    and each fiscal year thereafter.

                               LIBRARY OF CONGRESS

                              Salaries and Expenses

        For necessary expenses of the Library of Congress not otherwise
    provided for, including development and maintenance of the Library's
    catalogs; custody and custodial care of the Library buildings; special
    clothing; cleaning, laundering and repair of uniforms; preservation of
    motion pictures in the custody of the Library; operation and maintenance
    of the American Folklife Center in the Library; preparation and
    distribution of catalog records and other publications of the Library;
    hire or purchase of one passenger motor vehicle; and expenses of the
    Library of Congress Trust Fund Board not properly chargeable to the
    income of any trust fund held by the Board, $395,784,000, of which not
    more than $6,000,000 shall be derived from collections credited to this
    appropriation during fiscal year 2008, and shall remain available until
    expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
    U.S.C. 150) and not more than $350,000 shall be derived from collections
    during fiscal year 2008 and shall remain available until expended for
    the development and maintenance of an international legal information
    database and activities related thereto: Provided, That the Library of
    Congress may not obligate or expend any funds derived from collections
    under the Act of June 28, 1902,

    [[Page 121 STAT. 2245]]

    in excess of the amount authorized for obligation or expenditure in
    appropriations Acts: Provided further, That the total amount available
    for obligation shall be reduced by the amount by which collections are
    less than $6,350,000: Provided further, That of the total amount
    appropriated, $16,451,000 shall remain available until September 30,
    2010 for the partial acquisition of books, periodicals, newspapers, and
    all other materials including subscriptions for bibliographic services
    for the Library, including $40,000 to be available solely for the
    purchase, when specifically approved by the Librarian, of special and
    unique materials for additions to the collections: Provided further,
    That of the total amount appropriated, not more than $12,000 may be
    expended, on the certification of the Librarian of Congress, in
    connection with official representation and reception expenses for the
    Overseas Field Offices: Provided further, That of the total amount
    appropriated, $7,000,000 shall remain available until expended for the
    digital collections and educational curricula program: Provided further,
    That of the total amount appropriated, $750,000 shall remain available
    until expended, and shall be transferred to the Abraham Lincoln
    Bicentennial Commission for carrying out the purposes of Public Law 106-
    173, of which $10,000 may be used for official representation and
    reception expenses of the Abraham Lincoln Bicentennial Commission:
    Provided further, That of the total amount appropriated, $1,482,000
    shall be used for the National Digital Information Infrastructure
    and <<NOTE: Grants.>> Preservation Program: Provided further, That of
    the total amount appropriated, $75,000 shall be used to provide a grant
    to the Middle Eastern Text Initiative for translation and publishing of
    middle <<NOTE: Grants.>> eastern text: Provided further, That $125,000
    shall be used to provide a grant to the University of Mississippi for
    the American Music Archives.

                                Copyright Office

                              salaries and expenses

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

    [[Page 121 STAT. 2246]]

    delegations, visitors, and seminars: Provided further, That
    notwithstanding any provision of chapter 8 of title 17, United States
    Code, any amounts made available under this heading which are
    attributable to royalty fees and payments received by the Copyright
    Office pursuant to sections 111, 119, and chapter 10 of such title may
    be used for the costs incurred in the administration of the Copyright
    Royalty Judges program, with the exception of the costs of salaries and
    benefits for the Copyright Royalty Judges and staff under section
    802(e).

                         Congressional Research Service

                              salaries and expenses

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

                 Books for the Blind and Physically Handicapped

                              salaries and expenses

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

                            Administrative Provisions

        Sec. 1401. Incentive Awards Program. Of the amounts appropriated to
    the Library of Congress in this Act, not more than $5,000 may be
    expended, on the certification of the Librarian of Congress, in
    connection with official representation and reception expenses for the
    incentive awards program.
        Sec. 1402. Reimbursable and Revolving Fund Activities. (a) In
    General.--For fiscal year 2008, the obligational authority of the
    Library of Congress for the activities described in subsection (b) may
    not exceed $122,529,000.
        (b) Activities.--The activities referred to in subsection (a) are
    reimbursable and revolving fund activities that are funded from sources
    other than appropriations to the Library in appropriations Acts for the
    legislative branch.
        (c) Transfer of Funds.--During fiscal year 2008, the Librarian of
    Congress may temporarily transfer funds appropriated in this Act, under
    the heading ``Library of Congress'', under the subheading ``Salaries and
    Expenses'', to the revolving fund for the FEDLINK Program and the
    Federal Research Program established under section 103 of the Library of
    Congress Fiscal Operations Improvement

    [[Page 121 STAT. 2247]]

    Act of 2000 (Public Law 106-481; 2 U.S.C. 182c): Provided, That the
    total amount of such transfers may not exceed $1,900,000: Provided
    further, That the appropriate revolving fund account shall reimburse the
    Library for any amounts transferred to it before the period of
    availability of the Library appropriation expires.
        Sec. 1403. Audit Requirement. Section 207(e) of the Legislative
    Branch Appropriations Act, 1998 (2 U.S.C. 182(e)) is amended to read as
    follows:
        ``(e) Audit.--The revolving fund shall be subject to audit by the
    Comptroller General at the Comptroller General's discretion.''.
        Sec. 1404. Transfer Authority. (a) In General.--Amounts appropriated
    for fiscal year 2008 for the Library of Congress may be transferred
    during fiscal year 2008 between any of the headings under the heading
    ``LIBRARY OF CONGRESS'' upon the approval of the Committees on
    Appropriations of the Senate and the House of Representatives.
        (b) Limitation.--Not more than 10 percent of the total amount of
    funds appropriated to the account under any heading under the heading
    ``LIBRARY OF CONGRESS'' for fiscal year 2008 may be transferred from
    that account by all transfers made under subsection (a).

                           GOVERNMENT PRINTING OFFICE

                       Congressional Printing and Binding

                          (including transfer of funds)

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

    [[Page 121 STAT. 2248]]

    subject to the approval of the Committees on Appropriations of the House
    of Representatives and Senate.

                      Office of Superintendent of Documents

                              salaries and expenses

                          (including transfer of funds)

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

                    Government Printing Office Revolving Fund

        The Government Printing Office is hereby authorized to make such
    expenditures, within the limits of funds available and in accordance
    with law, and to make such contracts and commitments without regard to
    fiscal year limitations as provided by section 9104 of title 31, United
    States Code, as may be necessary in carrying out the programs and
    purposes set forth in the budget for the current fiscal year for the
    Government Printing Office revolving fund: Provided further, That not
    more than $5,000 may be expended on the certification of the Public
    Printer in connection with official representation and reception
    expenses: Provided further, That the revolving fund shall be available
    for the hire or purchase of not more than 12 passenger motor vehicles:
    Provided further, That expenditures in connection with travel expenses
    of the advisory councils to the Public Printer shall be deemed necessary
    to carry out the provisions of title 44, United States Code: Provided
    further, That the revolving fund shall be available for temporary or
    intermittent services under section 3109(b) of title 5, United States
    Code, but at rates for individuals not more than the daily equivalent of
    the annual rate of basic pay for level V of the Executive Schedule under
    section 5316 of such title: Provided further, That the revolving fund
    and the funds provided under the headings ``Office of Superintendent of
    Documents'' and ``Salaries and Expenses'' together may not be available
    for the full-time equivalent employment of more than 2,621 work-years
    (or such other number of work-years as the Public Printer may request,
    subject to the approval of the Committees on Appropriations of the House
    of Representatives and Senate): Provided further, That activities
    financed through the revolving fund may provide information in any
    format: Provided further, That the revolving fund and the funds provided
    under the headings ``Office of Superintendent of Documents'' and
    ``salaries and expenses'' may not be used

    [[Page 121 STAT. 2249]]

    for contracted security services at GPO's passport facility in the
    District of Columbia.

                        GOVERNMENT ACCOUNTABILITY OFFICE

                              Salaries and Expenses

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

                            Administrative Provisions

        Sec. 1501. <<NOTE: 31 USC 702 note.>> Contract Appeals Board. (a)
    Definitions.--In this section--
                (1) the term ``Board'' means the Contract Appeals Board
            established under subsection (b); and
                (2) the term ``legislative branch agency'' means--
                        (A) the Architect of the Capitol;
                        (B) the United States Botanic Gardens;
                        (C) the Government Accountability Office;
                        (D) the Government Printing Office;
                        (E) the Library of Congress;
                        (F) the Congressional Budget Office;
                        (G) the United States Capitol Police; and
                        (H) any other agency, including any office, board,
                    or commission, established in the legislative branch;
                    and

        (b) Establishment.--There is established a Contract Appeals Board
    within the Government Accountability Office. The Board shall hear and
    decide appeals from decisions of a contracting officer

    [[Page 121 STAT. 2250]]

    with respect to any contract entered into by a legislative branch
    agency.
        (c) Members of the Board.--
                (1) Appointment.--The Comptroller General shall appoint at
            least 3 members to the Contract Appeals Board.
                (2) Qualifications.--Each member shall have not less than 5
            years experience in public contract law.
                (3) Pay.--Subject to any provision of law relating to pay
            applicable to the Office of General Counsel of the Government
            Accountability Office, the Comptroller General shall establish
            and adjust the annual rate of basic pay of members of the Board.

        (d) Provisions Applicable to Appeals.--The Contract Disputes Act of
    1978 (Public Law 95-563, 41 U.S.C. 601 et seq.), as amended, shall apply
    to appeals to the Board, except that section 4, subsections 8(a), (b),
    and (c), and subsection 10(a) shall not apply to such appeals and the
    amount of any claim referenced in subsection 6(c) shall be
    $50,000. <<NOTE: Regulations.>> The Comptroller General shall prescribe
    regulations for procedures for appeals to the Board that are consistent
    with procedures under the Contract Disputes Act of 1978.

         (e) Effective Date.--This section shall apply with respect to
    fiscal year 2008 and each fiscal year thereafter.
        Sec. 1502. <<NOTE: 2 USC 262o-2 note.>> Repeal and Modification of
    Certain Reporting Requirements. (a) Annual Report by GAO on Consistency
    of IMF Practices With Statutory Policies.--Section 504(e) of the
    Consolidated Appropriations Act, 2000 (Public Law 106-113; 113 Stat.
    1501A-318) is repealed.

        (b) Review of Proposed Changes to Export Thresholds for Computers.--
    Section <<NOTE: 50 USC app. 2404 note.>> 314 of the Consolidated
    Appropriations Act, 2001 (Public Law 106-554; 114 Stat. 2763A-123) is
    repealed.

        (c) Congressional Hunger Fellowship Program Audit.--Section
    4404(f)(4)(A) of the Congressional Hunger Fellows Act of 2002 (2 U.S.C.
    1161(f)(4)(A); Public Law 107-171) is amended--
                (1) by striking ``shall'' and inserting ``may''; and
                (2) by striking ``annual.''.

        (d) Haitian Refugee Immigration.--Section 902(k) of the Haitian
    Refugee Immigration Fairness Act of 1998 (8 U.S.C. 1255 note; Public Law
    105-277) is repealed.
        (e) Audit of Financial Transactions.--Section 11 of the National
    Moment of Remembrance Act (36 U.S.C. 116 note; Public Law 106-579) is
    repealed.
        (f) Loss Ratios and Refund of Premiums.--Section 1882(r)(5) of the
    Social Security Act (42 U.S.C. 1395ss(r)(5)) is amended--
                (1) in subparagraph (A)--
                        (A) by striking ``(A) The Comptroller General shall
                    periodically, not less than once every 3 years,'' and
                    inserting ``The Secretary may''; and
                        (B) by striking ``and to the Secretary''; and
                (2) by striking subparagraph (B).

        (g) Radiation Exposure Compensation Reports.--Section 14 of the
    Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law
    101-426) is repealed.

    [[Page 121 STAT. 2251]]

                     OPEN WORLD LEADERSHIP CENTER TRUST FUND

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

       JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT

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

                                    TITLE II

                               GENERAL PROVISIONS

        Sec. 201. Maintenance and Care of Private Vehicles. No part of the
    funds appropriated in this Act shall be used for the maintenance or care
    of private vehicles, except for emergency assistance and cleaning as may
    be provided under regulations relating to parking facilities for the
    House of Representatives issued by the Committee on House Administration
    and for the Senate issued by the Committee on Rules and Administration.
        Sec. 202. Fiscal Year Limitation. No part of the funds appropriated
    in this Act shall remain available for obligation beyond fiscal year
    2008 unless expressly so provided in this Act.
        Sec. 203. Rates of Compensation and Designation. Whenever in this
    Act any office or position not specifically established by the
    Legislative Pay Act of 1929 (46 Stat. 32 et seq.) is appropriated for or
    the rate of compensation or designation of any office or position
    appropriated for is different from that specifically established by such
    Act, the rate of compensation and the designation in this Act shall be
    the permanent law with respect thereto: Provided, That the provisions in
    this Act for the various items of official expenses of Members,
    officers, and committees of the Senate and House of Representatives, and
    clerk hire for Senators and Members of the House of Representatives
    shall be the permanent law with respect thereto.
        Sec. 204. Consulting Services. The <<NOTE: Contracts.>> expenditure
    of any appropriation under this Act for any consulting service through
    procurement contract, under section 3109 of title 5, United States Code,
    shall be limited to those contracts where such expenditures are a matter
    of public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive order
    issued under existing law.

        Sec. 205. Awards and Settlements. Such sums as may be necessary are
    appropriated to the account described in subsection (a) of section 415
    of the Congressional Accountability Act of 1995

    [[Page 121 STAT. 2252]]

    (2 U.S.C. 1415(a)) to pay awards and settlements as authorized under
    such subsection.
        Sec. 206. Costs of LBFMC. Amounts available for administrative
    expenses of any legislative branch entity which participates in the
    Legislative Branch Financial Managers Council (LBFMC) established by
    charter on March 26, 1996, shall be available to finance an appropriate
    share of LBFMC costs as determined by the LBFMC, except that the total
    LBFMC costs to be shared among all participating legislative branch
    entities (in such allocations among the entities as the entities may
    determine) may not exceed $2,000.
        Sec. 207. Landscape Maintenance. The Architect of the Capitol, in
    consultation with the District of Columbia, is authorized to maintain
    and improve the landscape features, excluding streets and sidewalks, in
    the irregular shaped grassy areas bounded by Washington Avenue, SW on
    the northeast, Second Street SW on the west, Square 582 on the south,
    and the beginning of the I-395 tunnel on the southeast.
        Sec. 208. Limitation on Transfers. None of the funds made available
    in this Act may be transferred to any department, agency, or
    instrumentality of the United States Government, except pursuant to a
    transfer made by, or transfer authority provided in, this Act or any
    other appropriation Act.
        Sec. 209. Guided Tours of the Capitol.--(a) Except as provided in
    subsection (b), none of the funds made available to the Architect of the
    Capitol or the U.S. Capitol Guide Service and Congressional Special
    Services Office in this Act may be used to eliminate guided tours of the
    United States Capitol which are led by employees and interns of offices
    of Members of Congress and other offices of the House of Representatives
    and Senate.
        (b) At the direction of the Capitol Police Board, or at the
    direction of the Architect of the Capitol or Director of the U.S.
    Capitol Guide Service and Congressional Special Services Office with the
    approval of the Capitol Police Board, guided tours of the United States
    Capitol which are led by employees and interns described in subsection
    (a) may be suspended temporarily or otherwise subject to restriction for
    security or related reasons to the same extent as guided tours of the
    United States Capitol which are led by the Architect of the Capitol or
    the Capitol Guide Service.
        Sec. 210. (a) Rescissions.--There is hereby rescinded an amount
    equal to 0.25 percent of the budget authority provided for fiscal year
    2008 for any discretionary account in title I of this Act.
        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
                (1) to each discretionary account and each item of budget
            authority described in such subsection; and
                (2) within each such account and item, to each program,
            project, and activity (with programs, projects, and activities
            as delineated in the appropriation Act or accompanying reports
            for the relevant fiscal year covering such account or item, or
            for accounts and items not included in appropriation Acts, as
            delineated in the most recently submitted President's budget).

        (c) Exception.--This section shall not apply to section 1003 of
    title I of this Act.

    [[Page 121 STAT. 2253]]

        (d) Administration of Across-the-Board Reductions.--In the
    administration of subsection (a), with respect to the budget authority
    provided under the heading ``SENATE'' in title I of this Act--
                (1) the percentage rescissions under subsection (a) shall
            apply to the total amount of all funds appropriated under that
            heading; and
                (2) the rescissions may be applied without regard to
            subsection (b).

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

    DIVISION I--MILITARY <<NOTE: Military Construction and Veterans Affairs
       and Related Agencies Appropriations Act, 2008.>> CONSTRUCTION AND
    VETERANS AFFAIRS AND RELATED AGENCIES APPROPRIATIONS ACT, 2008

                                     TITLE I

                              DEPARTMENT OF DEFENSE

                           Military Construction, Army

                         (including rescission of funds)

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

                  Military Construction, Navy and Marine Corps

                        (including rescissions of funds)

        For acquisition, construction, installation, and equipment of
    temporary or permanent public works, naval installations, facilities,
    and real property for the Navy and Marine Corps as currently authorized
    by law, including personnel in the Naval Facilities Engineering Command
    and other personal services necessary for the purposes of this
    appropriation, $2,198,394,000, to remain available until September 30,
    2012: Provided, <<NOTE: Notification.>> That of this amount, not to
    exceed $113,017,000 shall be available for study, planning, design, and
    architect and engineer services, as authorized by law, unless the
    Secretary of Defense determines that additional obligations are
    necessary for such purposes and notifies the Committees on
    Appropriations of both Houses of Congress of the determination

    [[Page 121 STAT. 2254]]

    and the reasons therefor: Provided further, That of the funds
    appropriated for ``Military Construction, Navy and Marine Corps'' under
    Public Law 108-132, $5,862,000; under Public Law 108-324, $2,069,000;
    and under Public Law 110-5, $2,626,000 are hereby rescinded.

                        Military Construction, Air Force

                        (including rescissions of funds)

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

                       Military Construction, Defense-Wide

                  (including transfer and rescission of funds)

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

                   Military Construction, Army National Guard

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

    [[Page 121 STAT. 2255]]

                    Military Construction, Air National Guard

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

                       Military Construction, Army Reserve

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

                       Military Construction, Navy Reserve

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

                    Military Construction, Air Force Reserve

                         (including rescission of funds)

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

         North Atlantic Treaty Organization Security Investment Program

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

                        Family Housing Construction, Army

                         (including rescission of funds)

        For expenses of family housing for the Army for construction,
    including acquisition, replacement, addition, expansion, extension,

    [[Page 121 STAT. 2256]]

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

                 Family Housing Operation and Maintenance, Army

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

               Family Housing Construction, Navy and Marine Corps

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

         Family Housing Operation and Maintenance, Navy and Marine Corps

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

                     Family Housing Construction, Air Force

                         (including rescission of funds)

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

               Family Housing Operation and Maintenance, Air Force

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

             Family Housing Operation and Maintenance, Defense-Wide

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

              Department of Defense Family Housing Improvement Fund

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

    [[Page 121 STAT. 2257]]

              Chemical Demilitarization Construction, Defense-Wide

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

                 Department of Defense Base Closure Account 1990

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

                 Department of Defense Base Closure Account 2005

        For deposit into the Department of Defense Base Closure Account
    2005, established by section 2906A(a)(1) of the Defense Base Closure and
    Realignment Act of 1990 (10 U.S.C. 2687 note), $7,235,591,000, to
    remain <<NOTE: Notification. Deadline.>> available until expended:
    Provided, That the Department of Defense shall notify the Committees on
    Appropriations of both Houses of Congress 14 days prior to obligating an
    amount for a construction project that exceeds or reduces the amount
    identified for that project in the most recently submitted budget
    request for this account by 20 percent or $2,000,000, whichever is less:
    Provided further, That the previous proviso shall not apply to projects
    costing less than $5,000,000, except for those projects not previously
    identified in any budget submission for this account and exceeding the
    minor construction threshold under 10 U.S.C. 2805.

                            Administrative Provisions

        Sec. 101. None of the funds made available in this title shall be
    expended for payments under a cost-plus-a-fixed-fee contract for
    construction, where cost estimates exceed $25,000, to be performed
    within the United States, except Alaska, without the specific approval
    in writing of the Secretary of Defense setting forth the reasons
    therefor.
        Sec. 102. Funds made available in this title for construction shall
    be available for hire of passenger motor vehicles.
        Sec. 103. Funds made available in this title for construction may be
    used for advances to the Federal Highway Administration, Department of
    Transportation, for the construction of access roads as authorized by
    section 210 of title 23, United States Code, when projects authorized
    therein are certified as important to the national defense by the
    Secretary of Defense.
        Sec. 104. None of the funds made available in this title may be used
    to begin construction of new bases in the United States for which
    specific appropriations have not been made.
        Sec. 105. None of the funds made available in this title shall be
    used for purchase of land or land easements in excess of 100 percent of
    the value as determined by the Army Corps of Engineers

    [[Page 121 STAT. 2258]]

    or the Naval Facilities Engineering Command, except: (1) where there is
    a determination of value by a Federal court; (2) purchases negotiated by
    the Attorney General or the designee of the Attorney General; (3) where
    the estimated value is less than $25,000; or (4) as otherwise determined
    by the Secretary of Defense to be in the public interest.
        Sec. 106. None of the funds made available in this title shall be
    used to: (1) acquire land; (2) provide for site preparation; or (3)
    install utilities for any family housing, except housing for which funds
    have been made available in annual Acts making appropriations for
    military construction.
        Sec. 107. <<NOTE: Notification.>> None of the funds made available
    in this title for minor construction may be used to transfer or relocate
    any activity from one base or installation to another, without prior
    notification to the Committees on Appropriations of both Houses of
    Congress.

        Sec. 108. None of the funds made available in this title may be used
    for the procurement of steel for any construction project or activity
    for which American steel producers, fabricators, and manufacturers have
    been denied the opportunity to compete for such steel procurement.
        Sec. 109. None of the funds available to the Department of Defense
    for military construction or family housing during the current fiscal
    year may be used to pay real property taxes in any foreign nation.
        Sec. 110. <<NOTE: Notification.>> None of the funds made available
    in this title may be used to initiate a new installation overseas
    without prior notification to the Committees on Appropriations of both
    Houses of Congress.

        Sec. 111. None of the funds made available in this title may be
    obligated for architect and engineer contracts estimated by the
    Government to exceed $500,000 for projects to be accomplished in Japan,
    in any North Atlantic Treaty Organization member country, or in
    countries bordering the Arabian Sea, unless such contracts are awarded
    to United States firms or United States firms in joint venture with host
    nation firms.
        Sec. 112. None of the funds made available in this title for
    military construction in the United States territories and possessions
    in the Pacific and on Kwajalein Atoll, or in countries bordering the
    Arabian Sea, may be used to award any contract estimated by the
    Government to exceed $1,000,000 to a foreign contractor: Provided, That
    this section shall not be applicable to contract awards for which the
    lowest responsive and responsible bid of a United States contractor
    exceeds the lowest responsive and responsible bid of a foreign
    contractor by greater than 20 percent: Provided further, That this
    section shall not apply to contract awards for military construction on
    Kwajalein Atoll for which the lowest responsive and responsible bid is
    submitted by a Marshallese contractor.
        Sec. 113. <<NOTE: Notification. Military exercises.>> The Secretary
    of Defense is to inform the appropriate committees of both Houses of
    Congress, including the Committees on Appropriations, of the plans and
    scope of any proposed military exercise involving United States
    personnel 30 days prior to its occurring, if amounts expended for
    construction, either temporary or permanent, are anticipated to exceed
    $100,000.

        Sec. 114. Not more than 20 percent of the funds made available in
    this title which are limited for obligation during the current

    [[Page 121 STAT. 2259]]

    fiscal year shall be obligated during the last two months of the fiscal
    year.

                          (including transfer of funds)

        Sec. 115. Funds appropriated to the Department of Defense for
    construction in prior years shall be available for construction
    authorized for each such military department by the authorizations
    enacted into law during the current session of Congress.
        Sec. 116. For military construction or family housing projects that
    are being completed with funds otherwise expired or lapsed for
    obligation, expired or lapsed funds may be used to pay the cost of
    associated supervision, inspection, overhead, engineering and design on
    those projects and on subsequent claims, if any.
        Sec. 117. Notwithstanding any other provision of law, any funds made
    available to a military department or defense agency for the
    construction of military projects may be obligated for a military
    construction project or contract, or for any portion of such a project
    or contract, at any time before the end of the fourth fiscal year after
    the fiscal year for which funds for such project were made available, if
    the funds obligated for such project: (1) are obligated from funds
    available for military construction projects; and (2) do not exceed the
    amount appropriated for such project, plus any amount by which the cost
    of such project is increased pursuant to law.
        Sec. 118. (a) <<NOTE: Deadlines. Reports. 22 USC 1928 note.>> The
    Secretary of Defense, in consultation with the Secretary of State, shall
    submit to the Committees on Appropriations of both Houses of Congress,
    by February 15 of each year, an annual report, in unclassified and, if
    necessary classified form, on actions taken by the Department of Defense
    and the Department of State during the previous fiscal year to encourage
    host countries to assume a greater share of the common defense burden of
    such countries and the United States.

        (b) The report under subsection (a) shall include a description of--
                (1) attempts to secure cash and in-kind contributions from
            host countries for military construction projects;
                (2) attempts to achieve economic incentives offered by host
            countries to encourage private investment for the benefit of the
            United States Armed Forces;
                (3) attempts to recover funds due to be paid to the United
            States by host countries for assets deeded or otherwise imparted
            to host countries upon the cessation of United States operations
            at military installations;
                (4) the amount spent by host countries on defense, in
            dollars and in terms of the percent of gross domestic product
            (GDP) of the host country; and
                (5) for host countries that are members of the North
            Atlantic Treaty Organization (NATO), the amount contributed to
            NATO by host countries, in dollars and in terms of the percent
            of the total NATO budget.

        (c) In this section, the term ``host country'' means other member
    countries of NATO, Japan, South Korea, and United States allies
    bordering the Arabian Sea.

    [[Page 121 STAT. 2260]]

                          (including transfer of funds)

        Sec. 119. In addition to any other transfer authority available to
    the Department of Defense, proceeds deposited to the Department of
    Defense Base Closure Account established by section 207(a)(1) of the
    Defense Authorization Amendments and Base Closure and Realignment Act
    (10 U.S.C. 2687 note) pursuant to section 207(a)(2)(C) of such Act, may
    be transferred to the account established by section 2906(a)(1) of the
    Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
    to be merged with, and to be available for the same purposes and the
    same time period as that account.

                          (including transfer of funds)

        Sec. 120. <<NOTE: Notification.>> Subject to 30 days prior
    notification to the Committees on Appropriations of both Houses of
    Congress, such additional amounts as may be determined by the Secretary
    of Defense may be transferred to: (1) the Department of Defense Family
    Housing Improvement Fund from amounts appropriated for construction in
    ``Family Housing'' accounts, to be merged with and to be available for
    the same purposes and for the same period of time as amounts
    appropriated directly to the Fund; or (2) the Department of Defense
    Military Unaccompanied Housing Improvement Fund from amounts
    appropriated for construction of military unaccompanied housing in
    ``Military Construction'' accounts, to be merged with and to be
    available for the same purposes and for the same period of time as
    amounts appropriated directly to the Fund: Provided, That appropriations
    made available to the Funds shall be available to cover the costs, as
    defined in section 502(5) of the Congressional Budget Act of 1974, of
    direct loans or loan guarantees issued by the Department of Defense
    pursuant to the provisions of subchapter IV of chapter 169 of title 10,
    United States Code, pertaining to alternative means of acquiring and
    improving military family housing, military unaccompanied housing, and
    supporting facilities.

        Sec. 121. (a) <<NOTE: Deadline. Notice.>> Not later than 60 days
    before issuing any solicitation for a contract with the private sector
    for military family housing the Secretary of the military department
    concerned shall submit to the Committees on Appropriations of both
    Houses of Congress the notice described in subsection (b).

        (b)(1) A notice referred to in subsection (a) is a notice of any
    guarantee (including the making of mortgage or rental payments) proposed
    to be made by the Secretary to the private party under the contract
    involved in the event of--
                (A) the closure or realignment of the installation for which
            housing is provided under the contract;
                (B) a reduction in force of units stationed at such
            installation; or
                (C) the extended deployment overseas of units stationed at
            such installation.

        (2) Each notice under this subsection shall specify the nature of
    the guarantee involved and assess the extent and likelihood, if any, of
    the liability of the Federal Government with respect to the guarantee.

    [[Page 121 STAT. 2261]]

                          (including transfer of funds)

        Sec. 122. In addition to any other transfer authority available to
    the Department of Defense, amounts may be transferred from the accounts
    established by sections 2906(a)(1) and 2906A(a)(1) of the Defense Base
    Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund
    established by section 1013(d) of the Demonstration Cities and
    Metropolitan Development Act of 1966 (42 U.S.C. 3374) to pay for
    expenses associated with the Homeowners Assistance Program. Any amounts
    transferred shall be merged with and be available for the same purposes
    and for the same time period as the fund to which transferred.
        Sec. 123. <<NOTE: 10 USC 2821 note.>> Notwithstanding this or any
    other provision of law, funds made available in this title for operation
    and maintenance of family housing shall be the exclusive source of funds
    for repair and maintenance of all family housing units, including
    general or flag officer quarters: Provided,
    That <<NOTE: Notification.>> not more than $35,000 per unit may be spent
    annually for the maintenance and repair of any general or flag officer
    quarters without 30 days prior notification to the Committees on
    Appropriations of both Houses of Congress, except that an after-the-fact
    notification shall be submitted if the limitation is exceeded solely due
    to costs associated with environmental remediation that could not be
    reasonably anticipated at the time of the budget submission:
    Provided <<NOTE: Reports. Deadline.>> further, That the Under Secretary
    of Defense (Comptroller) is to report annually to the Committees on
    Appropriations of both Houses of Congress all operation and maintenance
    expenditures for each individual general or flag officer quarters for
    the prior fiscal year.

        Sec. 124. <<NOTE: Inquiry request. Deadline.>> Whenever the
    Secretary of Defense or any other official of the Department of Defense
    is requested by the subcommittee on Military Construction, Veterans
    Affairs, and Related Agencies of the Committee on Appropriations of the
    House of Representatives or the subcommittee on Military Construction,
    Veterans Affairs, and Related Agencies of the Committee on
    Appropriations of the Senate to respond to a question or inquiry
    submitted by the chairman or another member of that subcommittee
    pursuant to a subcommittee hearing or other activity, the Secretary (or
    other official) shall respond to the request, in writing, within 21 days
    of the date on which the request is transmitted to the Secretary (or
    other official).

        Sec. 125. Amounts contained in the Ford Island Improvement Account
    established by subsection (h) of section 2814 of title 10, United States
    Code, are appropriated and shall be available until expended for the
    purposes specified in subsection (i)(1) of such section or until
    transferred pursuant to subsection (i)(3) of such section.

                          (including transfer of funds)

        Sec. 126. None of the funds made available in this title, or in any
    Act making appropriations for military construction which remain
    available for obligation, may be obligated or expended to carry out a
    military construction, land acquisition, or family housing project at or
    for a military installation approved for closure, or at a military
    installation for the purposes of supporting a function that has been
    approved for realignment to another installation, in 2005 under the
    Defense Base Closure and Realignment Act of 1990 (part A of title XXIX
    of Public Law 101-510; 10 U.S.C.

    [[Page 121 STAT. 2262]]

    2687 note), unless such a project at a military installation approved
    for realignment will support a continuing mission or function at that
    installation or a new mission or function that is planned for that
    installation, or unless the Secretary of Defense certifies that the cost
    to the United States of carrying out such project would be less than the
    cost to the United States of cancelling such project, or if the project
    is at an active component base that shall be established as an enclave
    or in the case of projects having multi-agency use, that another
    Government agency has indicated it will assume ownership of the
    completed project. The Secretary of Defense may not transfer funds made
    available as a result of this limitation from any military construction
    project, land acquisition, or family housing project to another account
    or use such funds for another purpose or project without the prior
    approval of the Committees on Appropriations of both Houses of Congress.
    This section shall not apply to military construction projects, land
    acquisition, or family housing projects for which the project is vital
    to the national security or the protection of health, safety, or
    environmental quality: Provided, <<NOTE: Notification. Deadline.>> That
    the Secretary of Defense shall notify the congressional defense
    committees within seven days of a decision to carry out such a military
    construction project.

                          (including transfer of funds)

        Sec. 127. During the 5-year period after appropriations available in
    this Act to the Department of Defense for military construction and
    family housing operation and maintenance and construction have expired
    for obligation, upon a determination that such appropriations will not
    be necessary for the liquidation of obligations or for making authorized
    adjustments to such appropriations for obligations incurred during the
    period of availability of such appropriations, unobligated balances of
    such appropriations may be transferred into the appropriation ``Foreign
    Currency Fluctuations, Construction, Defense'', to be merged with and to
    be available for the same time period and for the same purposes as the
    appropriation to which transferred.
        Sec. 128. None of the funds in this title shall be used for any
    activity related to the construction of an Outlying Landing Field in
    Washington County, North Carolina.

                                    TITLE II

                         DEPARTMENT OF VETERANS AFFAIRS

                        Veterans Benefits Administration

                            compensation and pensions

                          (including transfer of funds)

        For the payment of compensation benefits to or on behalf of veterans
    and a pilot program for disability examinations as authorized by section
    107 and chapters 11, 13, 18, 51, 53, 55, and 61 of title 38, United
    States Code; pension benefits to or on behalf of veterans as authorized
    by chapters 15, 51, 53, 55, and 61 of title 38, United States Code; and
    burial benefits, the Reinstated Entitlement Program for Survivors,
    emergency and other officers' retirement pay, adjusted-service credits
    and certificates, payment

    [[Page 121 STAT. 2263]]

    of premiums due on commercial life insurance policies guaranteed under
    the provisions of title IV of the Servicemembers Civil Relief Act (50
    U.S.C. App. 541 et seq.) and for other benefits as authorized by
    sections 107, 1312, 1977, and 2106, and chapters 23, 51, 53, 55, and 61
    of title 38, United States Code, $41,236,322,000, to remain available
    until expended: Provided, That not to exceed $28,583,000 of the amount
    appropriated under this heading shall be reimbursed to ``General
    operating expenses'' and ``Medical administration'' for necessary
    expenses in implementing the provisions of chapters 51, 53, and 55 of
    title 38, United States Code, the funding source for which is
    specifically provided as the ``Compensation and pensions''
    appropriation: Provided further, That such sums as may be earned on an
    actual qualifying patient basis, shall be reimbursed to ``Medical care
    collections fund'' to augment the funding of individual medical
    facilities for nursing home care provided to pensioners as authorized.

                              readjustment benefits

        For the payment of readjustment and rehabilitation benefits to or on
    behalf of veterans as authorized by chapters 21, 30, 31, 34, 35, 36, 39,
    51, 53, 55, and 61 of title 38, United States Code, $3,300,289,000, to
    remain available until expended: Provided, That expenses for
    rehabilitation program services and assistance which the Secretary is
    authorized to provide under subsection (a) of section 3104 of title 38,
    United States Code, other than under paragraphs (1), (2), (5), and (11)
    of that subsection, shall be charged to this account.

                       veterans insurance and indemnities

        For military and naval insurance, national service life insurance,
    servicemen's indemnities, service-disabled veterans insurance, and
    veterans mortgage life insurance as authorized by title 38, United
    States Code, chapters 19 and 21, $41,250,000, to remain available until
    expended.

              Veterans Housing Benefit Program Fund Program Account

        For the cost of direct and guaranteed loans, such sums as may be
    necessary to carry out the program, as authorized by subchapters I
    through III of chapter 37 of title 38, United States Code: Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974: Provided
    further, That during fiscal year 2008, within the resources available,
    not to exceed $500,000 in gross obligations for direct loans are
    authorized for specially adapted housing loans.
        In addition, for administrative expenses to carry out the direct and
    guaranteed loan programs, $154,562,000.

                 Vocational Rehabilitation Loans Program Account

                          (including transfer of funds)

        For the cost of direct loans, $71,000, as authorized by chapter 31
    of title 38, United States Code: Provided, That such costs, including
    the cost of modifying such loans, shall be as defined in section 502 of
    the Congressional Budget Act of 1974: Provided

    [[Page 121 STAT. 2264]]

    further, That funds made available under this heading are available to
    subsidize gross obligations for the principal amount of direct loans not
    to exceed $3,287,000.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $311,000, which may be transferred to and merged
    with the appropriation for ``General operating expenses''.

              Native American Veteran Housing Loan Program Account

        For administrative expenses to carry out the direct loan program
    authorized by subchapter V of chapter 37 of title 38, United States
    Code, $628,000.

      guaranteed transitional housing loans for homeless veterans program
                                     account

        For the administrative expenses to carry out the guaranteed
    transitional housing loan program authorized by subchapter VI of chapter
    20 of title 38, United States Code, not to exceed $750,000 of the
    amounts appropriated by this Act for ``General operating expenses'' and
    ``Medical administration'' may be expended.

                         Veterans Health Administration

                                medical services

                          (including transfer of funds)

        For necessary expenses for furnishing, as authorized by law,
    inpatient and outpatient care and treatment to beneficiaries of the
    Department of Veterans Affairs and veterans described in section 1705(a)
    of title 38, United States Code, including care and treatment in
    facilities not under the jurisdiction of the Department, and including
    medical supplies and equipment, food services, and salaries and expenses
    of health-care employees hired under title 38, United States Code, and
    aid to State homes as authorized by section 1741 of title 38, United
    States Code; $29,104,220,000, plus reimbursements, of which not less
    than $2,900,000,000 shall be expended for specialty mental health care
    and not less than $130,000,000 shall be expended for the homeless grants
    and per diem program: Provided, That of the funds made available under
    this heading, not to exceed $1,350,000,000 shall be available until
    September 30, 2009: Provided further, <<NOTE: Priorities.>> That,
    notwithstanding any other provision of law, the Secretary of Veterans
    Affairs shall establish a priority for the provision of medical
    treatment for veterans who have service-connected disabilities, lower
    income, or have special needs: Provided
    further, <<NOTE: Priorities.>> That, notwithstanding any other provision
    of law, the Secretary of Veterans Affairs shall give priority funding
    for the provision of basic medical benefits to veterans in enrollment
    priority groups 1 through 6: Provided further, That, notwithstanding any
    other provision of law, the Secretary of Veterans Affairs may authorize
    the dispensing of prescription drugs from Veterans Health Administration
    facilities to enrolled veterans with privately written prescriptions
    based on requirements established by the Secretary: Provided further,
    That the implementation of the program described in the previous proviso
    shall incur no additional cost to the Department of Veterans Affairs:
    Provided further, That for the Department of Defense/Department of
    Veterans

    [[Page 121 STAT. 2265]]

    Affairs Health Care Sharing Incentive Fund, as authorized by section
    8111(d) of title 38, United States Code, a minimum of $15,000,000, to
    remain available until expended, for any purpose authorized by section
    8111 of title 38, United States Code.

                             MEDICAL ADMINISTRATION

        For necessary expenses in the administration of the medical,
    hospital, nursing home, domiciliary, construction, supply, and research
    activities, as authorized by law; administrative expenses in support of
    capital policy activities; and administrative and legal expenses of the
    Department for collecting and recovering amounts owed the Department as
    authorized under chapter 17 of title 38, United States Code, and the
    Federal Medical Care Recovery Act (42 U.S.C. 2651 et seq.):
    $3,517,000,000, plus reimbursements, of which $250,000,000 shall be
    available until September 30, 2009.

                               medical facilities

        For necessary expenses for the maintenance and operation of
    hospitals, nursing homes, and domiciliary facilities and other necessary
    facilities of the Veterans Health Administration; for administrative
    expenses in support of planning, design, project management, real
    property acquisition and disposition, construction, and renovation of
    any facility under the jurisdiction or for the use of the Department;
    for oversight, engineering, and architectural activities not charged to
    project costs; for repairing, altering, improving, or providing
    facilities in the several hospitals and homes under the jurisdiction of
    the Department, not otherwise provided for, either by contract or by the
    hire of temporary employees and purchase of materials; for leases of
    facilities; and for laundry services, $4,100,000,000, plus
    reimbursements, of which $350,000,000 shall be available until September
    30, 2009: Provided, That $325,000,000 for non-recurring maintenance
    provided under this heading shall be allocated in a manner not subject
    to the Veterans Equitable Resource Allocation.

                         medical and prosthetic research

        For necessary expenses in carrying out programs of medical and
    prosthetic research and development as authorized by chapter 73 of title
    38, United States Code, $480,000,000, plus reimbursements, to remain
    available until September 30, 2009.

                        National Cemetery Administration

        For necessary expenses of the National Cemetery Administration for
    operations and maintenance, not otherwise provided for, including
    uniforms or allowances therefor; cemeterial expenses as authorized by
    law; purchase of one passenger motor vehicle for use in cemeterial
    operations; and hire of passenger motor vehicles, $195,000,000, of which
    not to exceed $20,000,000 shall be available until September 30, 2009.

    [[Page 121 STAT. 2266]]

                           Departmental Administration

                           general operating expenses

        For necessary operating expenses of the Department of Veterans
    Affairs, not otherwise provided for, including administrative expenses
    in support of Department-Wide capital planning, management and policy
    activities, uniforms, or allowances therefor; not to exceed $25,000 for
    official reception and representation expenses; hire of passenger motor
    vehicles; and reimbursement of the General Services Administration for
    security guard services, and the Department of Defense for the cost of
    overseas employee mail, $1,605,000,000: Provided, That expenses for
    services and assistance authorized under paragraphs (1), (2), (5), and
    (11) of section 3104(a) of title 38, United States Code, that the
    Secretary of Veterans Affairs determines are necessary to enable
    entitled veterans: (1) to the maximum extent feasible, to become
    employable and to obtain and maintain suitable employment; or (2) to
    achieve maximum independence in daily living, shall be charged to this
    account: Provided further, That the Veterans Benefits Administration
    shall be funded at not less than $1,327,001,000: Provided further, That
    of the funds made available under this heading, not to exceed
    $75,000,000 shall be available for obligation until September 30, 2009:
    Provided further, That from the funds made available under this heading,
    the Veterans Benefits Administration may purchase (on a one-for-one
    replacement basis only) up to two passenger motor vehicles for use in
    operations of that Administration in Manila, Philippines.

                         Information Technology Systems

        For necessary expenses for information technology systems and
    telecommunications support, including developmental information systems
    and operational information systems; including pay and associated cost
    for operations and maintenance associated staff; for the capital asset
    acquisition of information technology systems, including management and
    related contractual costs of said acquisitions, including contractual
    costs associated with operations authorized by section 3109 of title 5,
    United States Code, $1,966,465,000, to be available
    until <<NOTE: Expenditure plan.>> September 30, 2009: Provided, That
    none of these funds may be obligated until the Department of Veterans
    Affairs submits to the Committees on Appropriations of both Houses of
    Congress, and such Committees approve, a plan for expenditure that: (1)
    meets the capital planning and investment control review requirements
    established by the Office of Management and Budget; (2) complies with
    the Department of Veterans Affairs enterprise architecture; (3) conforms
    with an established enterprise life cycle methodology; and (4) complies
    with the acquisition rules, requirements, guidelines, and systems
    acquisition management practices of the Federal Government: Provided
    further, That <<NOTE: Deadline. Reprogramming letter.>> within 30 days
    of enactment of this Act, the Secretary of Veterans Affairs shall submit
    to the Committees on Appropriations of both Houses of Congress a
    reprogramming base letter which provides, by project, the costs included
    in this appropriation.

    [[Page 121 STAT. 2267]]

                           office of inspector general

        For necessary expenses of the Office of Inspector General, to
    include information technology, in carrying out the provisions of the
    Inspector General Act of 1978 (5 U.S.C. App.), $80,500,000, of which
    $5,000,000 shall be available until September 30, 2009.

                          construction, major projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or for
    the use of the Department of Veterans Affairs, or for any of the
    purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
    8109, 8110, and 8122 of title 38, United States Code, including
    planning, architectural and engineering services, construction
    management services, maintenance or guarantee period services costs
    associated with equipment guarantees provided under the project,
    services of claims analysts, offsite utility and storm drainage system
    construction costs, and site acquisition, where the estimated cost of a
    project is more than the amount set forth in section 8104(a)(3)(A) of
    title 38, United States Code, or where funds for a project were made
    available in a previous major project appropriation, $1,069,100,000, to
    remain available until expended, of which $2,000,000 shall be to make
    reimbursements as provided in section 13 of the Contract Disputes Act of
    1978 (41 U.S.C. 612) for claims paid for contract disputes: Provided,
    That except for advance planning activities, including needs assessments
    which may or may not lead to capital investments, and other capital
    asset management related activities, including portfolio development and
    management activities, and investment strategy studies funded through
    the advance planning fund and the planning and design activities funded
    through the design fund, including needs assessments which may or may
    not lead to capital investments, none of the funds appropriated under
    this heading shall be used for any project which has not been approved
    by the Congress in the
    budgetary <<NOTE: Deadlines. Contracts.>> process: Provided further,
    That funds provided in this appropriation for fiscal year 2008, for each
    approved project shall be obligated: (1) by the awarding of a
    construction documents contract by September 30, 2008; and (2) by the
    awarding of a construction <<NOTE: Reports.>> contract by September 30,
    2009: Provided further, That the Secretary of Veterans Affairs shall
    promptly submit to the Committees on Appropriations of both Houses of
    Congress a written report on any approved major construction project for
    which obligations are not incurred within the time limitations
    established above: Provided further, That none of the funds appropriated
    in this or any other Act may be used to reduce the mission, services, or
    infrastructure, including land, of the 18 facilities on the Capital
    Asset Realignment for Enhanced Services (CARES) list requiring further
    study, as specified by the Secretary of Veterans Affairs, without prior
    approval of the Committees on Appropriations of both Houses of Congress.

                          construction, minor projects

        For constructing, altering, extending, and improving any of the
    facilities, including parking projects, under the jurisdiction or

    [[Page 121 STAT. 2268]]

    for the use of the Department of Veterans Affairs, including planning
    and assessments of needs which may lead to capital investments,
    architectural and engineering services, maintenance or guarantee period
    services costs associated with equipment guarantees provided under the
    project, services of claims analysts, offsite utility and storm drainage
    system construction costs, and site acquisition, or for any of the
    purposes set forth in sections 316, 2404, 2406, 8102, 8103, 8106, 8108,
    8109, 8110, 8122, and 8162 of title 38, United States Code, where the
    estimated cost of a project is equal to or less than the amount set
    forth in section 8104(a)(3)(A) of title 38, United States Code,
    $630,535,000, to remain available until expended, along with unobligated
    balances of previous ``Construction, minor projects'' appropriations
    which are hereby made available for any project where the estimated cost
    is equal to or less than the amount set forth in such section: Provided,
    That funds in this account shall be available for: (1) repairs to any of
    the nonmedical facilities under the jurisdiction or for the use of the
    Department which are necessary because of loss or damage caused by any
    natural disaster or catastrophe; and (2) temporary measures necessary to
    prevent or to minimize further loss by such causes.

            grants for construction of state extended care facilities

        For grants to assist States to acquire or construct State nursing
    home and domiciliary facilities and to remodel, modify, or alter
    existing hospital, nursing home, and domiciliary facilities in State
    homes, for furnishing care to veterans as authorized by sections 8131
    through 8137 of title 38, United States Code, $165,000,000, to remain
    available until expended.

              grants for construction of state veterans cemeteries

        For grants to assist States in establishing, expanding, or improving
    State veterans cemeteries as authorized by section 2408 of title 38,
    United States Code, $39,500,000, to remain available until expended.

                            Administrative Provisions

                          (including transfer of funds)

        Sec. 201. Any appropriation for fiscal year 2008 for ``Compensation
    and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
    indemnities'' may be transferred as necessary to any other of the
    mentioned appropriations: Provided, <<NOTE: Transfer
    authority. Deadline.>> That before a transfer may take place, the
    Secretary of Veterans Affairs shall request from the Committees on
    Appropriations of both Houses of Congress the authority to make the
    transfer and such Committees issue an approval, or absent a response, a
    period of 30 days has elapsed.

                          (including transfer of funds)

        Sec. 202. Amounts made available for fiscal year 2008, in this Act
    or any other Act, under the ``Medical services'', ``Medical
    Administration'', and ``Medical facilities'' accounts may be transferred
    among the accounts to the extent necessary to implement the
    restructuring of the Veterans Health Administration accounts:

    [[Page 121 STAT. 2269]]

    Provided, That <<NOTE: Transfer authority.>> before a transfer may take
    place, the Secretary of Veterans Affairs shall request from the
    Committees on Appropriations of both Houses of Congress the authority to
    make the transfer and an approval is issued.

        Sec. 203. Appropriations available in this title for salaries and
    expenses shall be available for services authorized by section 3109 of
    title 5, United States Code, hire of passenger motor vehicles; lease of
    a facility or land or both; and uniforms or allowances therefore, as
    authorized by sections 5901 through 5902 of title 5, United States Code.
        Sec. 204. No appropriations in this title (except the appropriations
    for ``Construction, major projects'', and ``Construction, minor
    projects'') shall be available for the purchase of any site for or
    toward the construction of any new hospital or home.
        Sec. 205. No appropriations in this title shall be available for
    hospitalization or examination of any persons (except beneficiaries
    entitled to such hospitalization or examination under the laws providing
    such benefits to veterans, and persons receiving such treatment under
    sections 7901 through 7904 of title 5, United States Code, or the Robert
    T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
    et seq.)), unless reimbursement of the cost of such hospitalization or
    examination is made to the ``Medical services'' account at such rates as
    may be fixed by the Secretary of Veterans Affairs.
        Sec. 206. Appropriations available in this title for ``Compensation
    and pensions'', ``Readjustment benefits'', and ``Veterans insurance and
    indemnities'' shall be available for payment of prior year accrued
    obligations required to be recorded by law against the corresponding
    prior year accounts within the last quarter of fiscal year 2007.
        Sec. 207. Appropriations available in this title shall be available
    to pay prior year obligations of corresponding prior year appropriations
    accounts resulting from sections 3328(a), 3334, and 3712(a) of title 31,
    United States Code, except that if such obligations are from trust fund
    accounts they shall be payable only from ``Compensation and pensions''.

                          (including transfer of funds)

        Sec. 208. Notwithstanding any other provision of law, during fiscal
    year 2008, the Secretary of Veterans Affairs shall, from the National
    Service Life Insurance Fund (38 U.S.C. 1920), the Veterans' Special Life
    Insurance Fund (38 U.S.C. 1923), and the United States Government Life
    Insurance Fund (38 U.S.C. 1955), reimburse the ``General operating
    expenses'' account for the cost of administration of the insurance
    programs financed through those accounts: Provided, That reimbursement
    shall be made only from the surplus earnings accumulated in such an
    insurance program during fiscal year 2008 that are available for
    dividends in that program after claims have been paid and actuarially
    determined reserves have been set aside: Provided further, That if the
    cost of administration of such an insurance program exceeds the amount
    of surplus earnings accumulated in that program, reimbursement shall be
    made only to the extent of such surplus earnings: Provided further, That
    the Secretary shall determine the cost of administration for fiscal year
    2008 which is properly allocable to the provision of each such insurance
    program and to the provision of any total disability income insurance
    included in that insurance program.

    [[Page 121 STAT. 2270]]

        Sec. 209. Amounts deducted from enhanced-use lease proceeds to
    reimburse an account for expenses incurred by that account during a
    prior fiscal year for providing enhanced-use lease services, may be
    obligated during the fiscal year in which the proceeds are received.

                          (including transfer of funds)

        Sec. 210. Funds available in this title or funds for salaries and
    other administrative expenses shall also be available to reimburse the
    Office of Resolution Management of the Department of Veterans Affairs
    and the Office of Employment Discrimination Complaint Adjudication under
    section 319 of title 38, United States Code, for all services provided
    at rates which will recover actual costs but not exceed $32,067,000 for
    the Office of Resolution Management and $3,148,000 for the Office of
    Employment and Discrimination Complaint Adjudication: Provided, That
    payments may be made in advance for services to be furnished based on
    estimated costs: Provided further, That amounts received shall be
    credited to ``General operating expenses'' for use by the office that
    provided the service.
        Sec. 211. <<NOTE: Reports. Deadline.>> No appropriations in this
    title shall be available to enter into any new lease of real property if
    the estimated annual rental is more than $300,000 unless the Secretary
    submits a report which the Committees on Appropriations of both Houses
    of Congress approve within 30 days following the date on which the
    report is received.

        Sec. 212. No funds of the Department of Veterans Affairs shall be
    available for hospital care, nursing home care, or medical services
    provided to any person under chapter 17 of title 38, United States Code,
    for a non-service-connected disability described in section 1729(a)(2)
    of such title, unless that person has disclosed to the Secretary of
    Veterans Affairs, in such form as the Secretary may require, current,
    accurate third-party reimbursement information for purposes of section
    1729 of such title: Provided, That the Secretary may recover, in the
    same manner as any other debt due the United States, the reasonable
    charges for such care or services from any person who does not make such
    disclosure as required: Provided further, That any amounts so recovered
    for care or services provided in a prior fiscal year may be obligated by
    the Secretary during the fiscal year in which amounts are received.

                          (including transfer of funds)

        Sec. 213. Notwithstanding any other provision of law, at the
    discretion of the Secretary of Veterans Affairs, proceeds or revenues
    derived from enhanced-use leasing activities (including disposal) may be
    deposited into the ``Construction, major projects'' and ``Construction,
    minor projects'' accounts and be used for construction (including site
    acquisition and disposition), alterations, and improvements of any
    medical facility under the jurisdiction or for the use of the Department
    of Veterans Affairs. Such sums as realized are in addition to the amount
    provided for in ``Construction, major projects'' and ``Construction,
    minor projects''.
        Sec. 214. Amounts made available under ``Medical services'' are
    available--
                (1) for furnishing recreational facilities, supplies, and
            equipment; and

    [[Page 121 STAT. 2271]]

                (2) for funeral expenses, burial expenses, and other
            expenses incidental to funerals and burials for beneficiaries
            receiving care in the Department.

                          (including transfer of funds)

        Sec. 215. Such sums as may be deposited to the Medical Care
    Collections Fund pursuant to section 1729A of title 38, United States
    Code, may be transferred to ``Medical services'', to remain available
    until expended for the purposes of that account.
        Sec. 216. <<NOTE: Alaska.>> Notwithstanding any other provision of
    law, the Secretary of Veterans Affairs shall allow veterans who are
    eligible under existing Department of Veterans Affairs medical care
    requirements and who reside in Alaska to obtain medical care services
    from medical facilities supported by the Indian Health Service or tribal
    organizations. The Secretary shall: (1) limit the application of this
    provision to rural Alaskan veterans in areas where an existing
    Department of Veterans Affairs facility or Veterans Affairs-contracted
    service is unavailable; (2) require participating veterans and
    facilities to comply with all appropriate rules and regulations, as
    established by the Secretary; (3) require this provision to be
    consistent with Capital Asset Realignment for Enhanced Services
    activities; and (4) result in no additional cost to the Department of
    Veterans Affairs or the Indian Health Service.

                          (including transfer of funds)

        Sec. 217. Such sums as may be deposited to the Department of
    Veterans Affairs Capital Asset Fund pursuant to section 8118 of title
    38, United States Code, may be transferred to the ``Construction, major
    projects'' and ``Construction, minor projects'' accounts, to remain
    available until expended for the purposes of these accounts.
        Sec. 218. None of the funds available to the Department of Veterans
    Affairs, in this Act, or any other Act, may be used to replace the
    current system by which the Veterans Integrated Services Networks select
    and contract for diabetes monitoring supplies and equipment.
        Sec. 219. None of the funds made available in this title may be used
    to implement any policy prohibiting the Directors of the Veterans
    Integrated Services Networks from conducting outreach or marketing to
    enroll new veterans within their respective Networks.
        Sec. 220. The Secretary of Veterans Affairs shall submit to the
    Committees on Appropriations of both Houses of Congress a quarterly
    report on the financial status of the Veterans Health Administration.

                          (including transfer of funds)

        Sec. 221. Amounts made available under the ``Medical services'',
    ``Medical Administration'', ``Medical facilities'', ``General operating
    expenses'', and ``National Cemetery Administration'' accounts for fiscal
    year 2008, may be transferred to or from the ``Information technology
    systems'' account: Provided, That <<NOTE: Transfer authority.>> before a
    transfer may take place, the Secretary of Veterans Affairs shall request
    from the Committees on Appropriations of both Houses of Congress the
    authority to make the transfer and an approval is issued.

    [[Page 121 STAT. 2272]]

        Sec. 222. Amounts made available for the ``Information technology
    systems'' account may be transferred <<NOTE: Transfer
    authority. Deadline.>> between projects: Provided, That no project may
    be increased or decreased by more than $1,000,000 of cost prior to
    submitting a request to the Committees on Appropriations of both Houses
    of Congress to make the transfer and an approval is issued, or absent a
    response, a period of 30 days has elapsed.

                          (including transfer of funds)

        Sec. 223. Any balances in prior year accounts established for the
    payment of benefits under the Reinstated Entitlement Program for
    Survivors shall be transferred to and merged with amounts available
    under the ``Compensation and pensions'' account, and receipts that would
    otherwise be credited to the accounts established for the payment of
    benefits under the Reinstated Entitlement Program for Survivors program
    shall be credited to amounts available under the ``Compensation and
    pensions'' account.
        Sec. 224. Prohibition on Disposal of Department of Veterans Affairs
    Lands and Improvements at West Los Angeles Medical Center, California.
    (a) In General.--The Secretary of Veterans Affairs may not declare as
    excess to the needs of the Department of Veterans Affairs, or otherwise
    take any action to exchange, trade, auction, transfer, or otherwise
    dispose of, or reduce the acreage of, Federal land and improvements at
    the Department of Veterans Affairs West Los Angeles Medical Center,
    California, encompassing approximately 388 acres on the north and south
    sides of Wilshire Boulevard and west of the 405 Freeway.
        (b) Special Provision Regarding Lease With Representative of the
    Homeless.--Notwithstanding any provision of this Act, section 7 of the
    Homeless Veterans Comprehensive Services Act of 1992 (Public Law 102-
    590) shall remain in effect.
        (c) Conforming Amendment.--Section 8162(c)(1) of title 38, United
    States Code, is amended--
                (1) by inserting ``or section 224(a) of the Military
            Construction and Veterans Affairs and Related Agencies
            Appropriations Act, 2008'' after ``section 421(b)(2) of the
            Veterans' Benefits and Services Act of 1988 (Public Law 100-322;
            102 Stat. 553)''; and
                (2) <<NOTE: 38 USC 8162 note.>> by striking ``that section''
            and inserting ``such sections''.

        (d) Effective Date.--This section, including the amendment made by
    this section, shall apply with respect to fiscal year 2008 and each
    fiscal year thereafter.
        Sec. 225. <<NOTE: Research. Gulf War.>> The Department shall
    continue research into Gulf War Illness at levels not less than those
    made available in fiscal year 2007, within available funds contained in
    this Act.

        Sec. 226. (a) <<NOTE: Deadlines. Website. 5 USC app. 6 note.>> Not
    later than 30 days after the date of the enactment of this Act, the
    Inspector General of the Department of Veterans Affairs shall establish
    and maintain on the homepage of the Internet website of the Office of
    Inspector General a mechanism by which individuals can anonymously
    report cases of waste, fraud, or abuse with respect to the Department of
    Veterans Affairs.

        (b) Not later than 30 days after the date of the enactment of this
    Act, the Secretary of Veterans Affairs shall establish and maintain on
    the homepage of the Internet website of the Department of Veterans
    Affairs a direct link to the Internet website of the Office of Inspector
    General of the Department of Veterans Affairs.

    [[Page 121 STAT. 2273]]

        Sec. 227. (a) Upon a determination by the Secretary of Veterans
    Affairs that such action is in the national interest, and will have a
    direct benefit for veterans through increased access to treatment, the
    Secretary of Veterans Affairs may transfer not more than $5,000,000 to
    the Secretary of Health and Human Services for the Graduate Psychology
    Education Program, which includes treatment of veterans, to support
    increased training of psychologists skilled in the treatment of post-
    traumatic stress disorder, traumatic brain injury, and related
    disorders.
        (b) The Secretary of Health and Human Services may only use funds
    transferred under this section for the purposes described in subsection
    (a).
        (c) <<NOTE: Notification.>> The Secretary of Veterans Affairs shall
    notify Congress of any such transfer of funds under this section.

        Sec. 228. None of the funds appropriated or otherwise made available
    by this Act or any other Act for the Department of Veterans Affairs may
    be used in a manner that is inconsistent with--
                (1) section 842 of the Transportation, Treasury, Housing and
            Urban Development, the Judiciary, and Independent Agencies
            Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2506);
            or
                (2) section 8110(a)(5) of title 38, United States Code.

        Sec. 229. The Secretary of Veterans Affairs may carry out a major
    medical facility lease in fiscal year 2008 in an amount not to exceed
    $12,000,000 to implement the recommendations outlined in the August 2007
    Study of South Texas Veterans' Inpatient and Specialty Outpatient Health
    Care Needs.

                         (including rescission of funds)

        Sec. 230. Of the amounts made available for ``Veterans Health
    Administration, Medical Services'' in Public Law 110-28, $66,000,000 are
    rescinded. For an additional amount for ``Departmental Administration,
    Construction, Major Projects'', $66,000,000, to be available until
    expended: Provided, That the amount provided by this section is
    designated as described in section 5 (in the matter preceding division A
    of this consolidated Act).
        Sec. 231. Section 1710(f)(2)(B) of title 38, United States Code, is
    amended by striking ``September 30, 2007,'' and inserting ``September
    30, 2008,''.
        Sec. 232. Section 1729(a)(2)(E) of title 38, United States Code, is
    amended by striking ``October 1, 2007,'' and inserting ``October 1,
    2008,''.
        Sec. 233. <<NOTE: Mississippi. Real property.>> The unobligated
    balance of funds appropriated under the heading ``Construction, Major
    Projects'' in Public Law 109-234 for environmental clean-up and removal
    of debris from the Department of Veterans Affairs property in Gulfport,
    Mississippi, shall be available to the Department to replace missing
    doors and windows, and to repair roofs, of the buildings identified by
    the City of Gulfport, Mississippi, that will convey with the property,
    to prevent further environmental damage to the interior infrastructure
    of these buildings: Provided, That the amount provided by this section
    is designated as described in section 5 (in the matter preceding
    division A of this consolidated Act).

        Sec. 234. Notwithstanding any other provision of law, increases
    necessary to carry out section 3674 of title 38, United States Code at a
    level equal to fiscal year 2007 shall be available from amounts

    [[Page 121 STAT. 2274]]

    provided in this title for ``Departmental Administration, General
    Operating Expenses''.
        Sec. 235. (a) Emergency Designation.--Notwithstanding any other
    provision of this title (except section 230), of the amounts otherwise
    provided by this title for the following accounts, the following amounts
    are designated as emergency requirements and necessary to meet emergency
    needs pursuant to subsections (a) and (b) of section 204 of S. Con. Res.
    21 (110th Congress), the concurrent resolution on the budget for fiscal
    year 2008:
                Veterans Health Administration, Medical Services,
            $1,936,549,000.
                Veterans Health Administration, Medical Administration,
            $75,000,000.
                Veterans Health Administration, Medical Facilities,
            $508,000,000.
                Veterans Health Administration, Medical and Prosthetic
            Research, $69,000,000.
                National Cemetery Administration, $28,191,000.
                Departmental Administration, General Operating Expenses,
            $133,163,000.
                Departmental Administration, Information Technology Systems,
            $107,248,000.
                Departmental Administration, Office of the Inspector
            General, $7,901,000.
                Departmental Administration, Construction, Major Projects,
            $341,700,000.
                Departmental Administration, Construction, Minor Projects,
            $397,139,000.
                Departmental Administration, Grants for Construction of
            State Extended Care Facilities, $80,000,000.
                Departmental Administration, Grants for Construction of
            State Veterans Cemeteries, $7,500,000.

        (b) Contingent Appropriation.--Any <<NOTE: Deadline. Budget
    request. President.>> amount appropriated in this title that is
    designated by the Congress as an emergency requirement pursuant to
    subsection (a) shall be made available only after submission to the
    Congress by January 18, 2008, a formal budget request by the President
    that includes designation of the entire amount of the request as an
    emergency requirement.

        (c) Requirement for Availability.--None of the funds described in
    subsection (a) shall become available for obligation unless all such
    funds are made available for obligation.

                                    TITLE III

                                RELATED AGENCIES

                      American Battle Monuments Commission

                              Salaries and Expenses

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, including the acquisition of land or
    interest in land in foreign countries; purchases and repair of uniforms
    for caretakers of national cemeteries and monuments outside of the
    United States and its territories and possessions; rent of office and
    garage space in foreign countries; purchase (one-for-one replacement
    basis only) and hire of passenger motor

    [[Page 121 STAT. 2275]]

    vehicles; not to exceed $7,500 for official reception and representation
    expenses; and insurance of official motor vehicles in foreign countries,
    when required by law of such countries, $44,600,000, to remain available
    until expended.

                      foreign currency fluctuations account

        For necessary expenses, not otherwise provided for, of the American
    Battle Monuments Commission, $11,000,000, to remain available until
    expended, for purposes authorized by section 2109 of title 36, United
    States Code.

               United States Court of Appeals for Veterans Claims

                              salaries and expenses

        For necessary expenses for the operation of the United States Court
    of Appeals for Veterans Claims as authorized by sections 7251 through
    7298 of title 38, United States Code, $22,717,000, of which $1,210,000
    shall be available for the purpose of providing financial assistance as
    described, and in accordance with the process and reporting procedures
    set forth, under this heading in Public Law 102-229.

                          Department of Defense--Civil

                            Cemeterial Expenses, Army

                              salaries and expenses

        For necessary expenses, as authorized by law, for maintenance,
    operation, and improvement of Arlington National Cemetery and Soldiers'
    and Airmen's Home National Cemetery, including the purchase of two
    passenger motor vehicles for replacement only, and not to exceed $1,000
    for official reception and representation expenses, $31,230,000, to
    remain available until expended. In addition, such sums as may be
    necessary for parking maintenance, repairs and replacement, to be
    derived from the Lease of Department of Defense Real Property for
    Defense Agencies account.
        Funds appropriated under this Act may be provided to Arlington
    County, Virginia, for the relocation of the federally-owned water main
    at Arlington National Cemetery making additional land available for
    ground burials.

                          Armed Forces Retirement Home

                                   trust fund

        For expenses necessary for the Armed Forces Retirement Home to
    operate and maintain the Armed Forces Retirement Home--Washington,
    District of Columbia and the Armed Forces Retirement Home--Gulfport,
    Mississippi, to be paid from funds available in the Armed Forces
    Retirement Home Trust Fund, $55,724,000.

               General Fund Payment, Armed Forces Retirement Home

        For payment to the ``Armed Forces Retirement Home'', $800,000, to
    remain available until expended.

    [[Page 121 STAT. 2276]]

                                    TITLE IV

                               GENERAL PROVISIONS

        Sec. 401. No part of any appropriation contained in this Act shall
    remain available for obligation beyond the current fiscal year unless
    expressly so provided herein.
        Sec. 402. Such sums as may be necessary for fiscal year 2008 for pay
    raises for programs funded by this Act shall be absorbed within the
    levels appropriated in this Act.
        Sec. 403. None of the funds made available in this Act may be used
    for any program, project, or activity, when it is made known to the
    Federal entity or official to which the funds are made available that
    the program, project, or activity is not in compliance with any Federal
    law relating to risk assessment, the protection of private property
    rights, or unfunded mandates.
        Sec. 404. No part of any funds appropriated in this Act shall be
    used by an agency of the executive branch, other than for normal and
    recognized executive-legislative relationships, for publicity or
    propaganda purposes, and for the preparation, distribution, or use of
    any kit, pamphlet, booklet, publication, radio, television, or film
    presentation designed to support or defeat legislation pending before
    Congress, except in presentation to Congress itself.
        Sec. 405. All departments and agencies funded under this Act are
    encouraged, within the limits of the existing statutory authorities and
    funding, to expand their use of ``E-Commerce'' technologies and
    procedures in the conduct of their business practices and public service
    activities.
        Sec. 406. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government except pursuant to a transfer made by, or transfer
    authority provided in, this or any other appropriations Act.
        Sec. 407. <<NOTE: Submissions.>> Unless stated otherwise, all
    reports and notifications required by this Act shall be submitted to the
    Subcommittee on Military Construction, Veterans Affairs, and Related
    Agencies of the Committee on Appropriations of the House of
    Representatives and the Subcommittee on Military Construction, Veterans
    Affairs, and Related Agencies of the Committee on Appropriations of the
    Senate.

        Sec. 408. <<NOTE: Deadline. Reports.>> The Director of the
    Congressional Budget Office shall, not later than February 1, 2008,
    submit to the Committees on Appropriations of the House of
    Representatives and the Senate a report projecting annual appropriations
    necessary for the Department of Veterans Affairs to continue providing
    necessary health care to veterans for fiscal years 2009 through 2012.

        Sec. 409. None <<NOTE: Colorado.>> of the funds appropriated or
    otherwise made available in this Act may be used for any action that is
    related to or promotes the expansion of the boundaries or size of the
    Pinon Canyon Maneuver Site, Colorado.

        Sec. 410. (a) In this section:
                (1) The term ``City'' means the City of Aurora, Colorado.
                (2) The term ``deed'' means the quitclaim deed--
                        (A) conveyed by the Secretary to the City; and
                        (B) dated May 24, 1999.
                (3) The term ``non-Federal land'' means--

    [[Page 121 STAT. 2277]]

                        (A) parcel I of the Fitzsimons Army Medical Center,
                    Colorado; and
                        (B) the parcel of land described in the deed.
                (4) The term ``Secretary'' means the Secretary of the
            Interior.

        (b)(1) In accordance with paragraph (2), to allow the City to convey
    by donation to the United States the non-Federal land to be used by the
    Secretary of Veterans Affairs for the construction of a veterans medical
    facility.
        (2) In carrying out paragraph (1), with respect to the non-Federal
    land, the Secretary shall forego exercising any rights provided by the--
                (A) deed relating to a reversionary interest of the United
            States; and
                (B) any other reversionary interest of the United States.

        This division may be cited as the ``Military Construction and
    Veterans Affairs and Related Agencies Appropriations Act, 2008''.

    DIVISION J--DEPARTMENT <<NOTE: Department of State, Foreign Operations,
       and Related Programs Appropriations Act, 2008.>> OF STATE, FOREIGN
    OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2008

                                     TITLE I

                    DEPARTMENT OF STATE AND RELATED AGENCIES

                               DEPARTMENT OF STATE

                        Administration of Foreign Affairs

                        diplomatic and consular programs

                          (including transfer of funds)

        For necessary expenses of the Department of State and the Foreign
    Service not otherwise provided for, including employment, without regard
    to civil service and classification laws, of persons on a temporary
    basis (not to exceed $700,000 of this appropriation), as authorized by
    section 801 of the United States Information and Educational Exchange
    Act of 1948; representation to certain international organizations in
    which the United States participates pursuant to treaties ratified
    pursuant to the advice and consent of the Senate or specific Acts of
    Congress; arms control, nonproliferation and disarmament activities as
    authorized; acquisition by exchange or purchase of passenger motor
    vehicles as authorized by law; and for expenses of general
    administration, $4,385,042,000: Provided, That of the amount provided by
    this paragraph, $575,000,000 is designated as described in section 5 (in
    the matter preceding division A of this consolidated Act): Provided
    further, That of the amount made available under this heading, not to
    exceed $10,000,000 may be transferred to, and merged with, ``Emergencies
    in the Diplomatic and Consular Service'', to be available only for
    emergency evacuations and terrorism rewards: Provided further, That of
    the amount made available under this heading, not less than $360,905,000
    shall be available only for public diplomacy international information
    programs: Provided further, That of the funds made available under this
    heading, $5,000,000 shall be made available for a demonstration program
    to expand access

    [[Page 121 STAT. 2278]]

    to consular services: Provided further, That <<NOTE: Establishment.>> of
    the amount appropriated under this heading, $2,000,000 shall be
    available for the Secretary to establish and operate a public/private
    interagency public diplomacy center which shall serve as a program
    integration and coordination entity for United States public diplomacy
    programs: Provided further, That of the amounts appropriated under this
    heading, $4,000,000, to remain available until expended, shall be for
    compensation to the families of members of the Foreign Service or other
    United States Government employees or their dependents, who were killed
    in terrorist attacks since 1979:  Provided further, That none of the
    funds made available for compensation in the previous proviso may be
    obligated without specific authorization in a subsequent Act of
    Congress: Provided further, That during fiscal year 2008, foreign
    service annuitants may be employed, notwithstanding section 316.401 of
    title 5, Code of Federal Regulations, pursuant to waivers under section
    824(g)(1)(C)(ii) of the Foreign Service Act of 1980 (22 U.S.C.
    4064(g)(1)(C)(ii)): Provided further, <<NOTE: Reports. Russia. Human
    rights.>> That of the funds appropriated under this heading, $5,000,000
    shall be made available for the Ambassador's Fund for Cultural
    Preservation: Provided further, That of the funds appropriated under
    this heading, $500,000 may not be available for obligation until the
    Secretary of State submits a report to the Committees on Appropriations
    outlining a plan to increase the capacity of United States Embassy
    Moscow to monitor human rights and Russian laws relating to the press
    and civil society groups, and consults with the Committees on
    Appropriations concerning such plan: Provided further, <<NOTE: 22 USC
    2706a.>> That the Secretary may transfer to and merge with ``Emergencies
    in the Diplomatic and Consular Service'' for rewards payments
    unobligated balances of funds appropriated under ``Diplomatic and
    Consular Programs'' for this fiscal year and for each fiscal year
    hereafter, at no later than the end of the fifth fiscal year after the
    fiscal year for which any such funds were appropriated or otherwise made
    available: Provided further, That funds available under this heading may
    be available for a United States Government interagency task force to
    examine, coordinate and oversee United States participation in the
    United Nations
    headquarters <<NOTE: Satellites. China. Deadline. Notification.>> renovat
    ion project: Provided further, That no funds may be obligated or
    expended for processing licenses for the export of satellites of United
    States origin (including commercial satellites and satellite components)
    to the People's Republic of China unless, at least 15 days in advance,
    the Committees on Appropriations are notified of such proposed action:
    Provided further, That funds appropriated under this heading are
    available, pursuant to 31 U.S.C. 1108(g), for the field examination of
    programs and activities in the United States funded from any account
    contained in this title.

        In addition, not to exceed $1,558,390 shall be derived from fees
    collected from other executive agencies for lease or use of facilities
    located at the International Center in accordance with section 4 of the
    International Center Act; in addition, as authorized by section 5 of
    such Act, $490,000, to be derived from the reserve authorized by that
    section, to be used for the purposes set out in that section; in
    addition, as authorized by section 810 of the United States Information
    and Educational Exchange Act, not to exceed $6,000,000, to remain
    available until expended, may be credited to this appropriation from
    fees or other payments received from English teaching, library, motion
    pictures, and publication

    [[Page 121 STAT. 2279]]

    programs and from fees from educational advising and counseling and
    exchange visitor programs; and, in addition, not to exceed $15,000,
    which shall be derived from reimbursements, surcharges, and fees for use
    of Blair House facilities.
        In addition, for the costs of worldwide security protection,
    $974,760,000, to remain available until expended: Provided, That of the
    amount provided by this paragraph, $206,632,000 is designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act).

                             Capital Investment Fund

        For necessary expenses of the Capital Investment Fund, $60,062,000,
    to remain available until expended, as authorized: Provided, That
    section 135(e) of Public Law 103-236 shall not apply to funds available
    under this heading.

                           office of inspector general

        For necessary expenses of the Office of Inspector General,
    $34,008,000, notwithstanding section 209(a)(1) of the Foreign Service
    Act of 1980 (Public Law 96-465), as it relates to post inspections.

                   Educational and Cultural Exchange Programs

        For expenses of educational and cultural exchange programs, as
    authorized, $505,441,000, to remain available until expended: Provided,
    That not to exceed $5,000,000, to remain available until expended, may
    be credited to this appropriation from fees or other payments received
    from or in connection with English teaching, educational advising and
    counseling programs, and exchange visitor programs as authorized.

                            Representation Allowances

        For representation allowances as authorized, $8,175,000.

                  Protection of Foreign Missions and Officials

        For expenses, not otherwise provided, to enable the Secretary of
    State to provide for extraordinary protective services, as authorized,
    $23,000,000, to remain available until September 30, 2009.

                 Embassy Security, Construction, and Maintenance

        For necessary expenses for carrying out the Foreign Service
    Buildings Act of 1926 (22 U.S.C. 292-303), preserving, maintaining,
    repairing, and planning for buildings that are owned or directly leased
    by the Department of State, renovating, in addition to funds otherwise
    available, the Harry S Truman Building, and carrying out the Diplomatic
    Security Construction Program as authorized, $761,216,000, to remain
    available until expended as authorized, of which not to exceed $25,000
    may be used for domestic and overseas representation as authorized:
    Provided, That none of the funds appropriated in this paragraph shall be
    available for acquisition of furniture, furnishings, or generators for
    other departments and agencies.

    [[Page 121 STAT. 2280]]

        In addition, for the costs of worldwide security upgrades,
    acquisition, and construction as authorized, $676,000,000, to remain
    available until expended.

               emergencies in the diplomatic and consular service

                          (including transfer of funds)

        For expenses necessary to enable the Secretary of State to meet
    unforeseen emergencies arising in the Diplomatic and Consular Service,
    $9,000,000, to remain available until expended as authorized, of which
    not to exceed $1,000,000 may be transferred to and merged with the
    ``Repatriation Loans Program Account'', subject to the same terms and
    conditions.

                       Repatriation Loans Program Account

                          (Including Transfer of Funds)

        For the cost of direct loans, $678,000, as authorized: Provided,
    That such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974.
        In addition, for administrative expenses necessary to carry out the
    direct loan program, $607,000, which may be transferred to and merged
    with ``Diplomatic and Consular Programs''.

                   Payment to the American Institute in Taiwan

        For necessary expenses to carry out the Taiwan Relations Act (Public
    Law 96-8), $16,351,000.

          Payment to the Foreign Service Retirement and Disability Fund

        For payment to the Foreign Service Retirement and Disability Fund,
    as authorized by law, $158,900,000.

                           International Organizations

                  Contributions to International Organizations

        For <<NOTE: 22 USC 269a note.>> expenses, not otherwise provided
    for, necessary to meet annual obligations of membership in international
    multilateral organizations, pursuant to treaties ratified pursuant to
    the advice and consent of the Senate, conventions or specific Acts of
    Congress, $1,354,400,000: Provided, <<NOTE: Budget. United
    Nations.>> That the Secretary of State shall, at the time of the
    submission of the President's budget to Congress under section 1105(a)
    of title 31, United States Code, transmit to the Committees on
    Appropriations the most recent biennial budget prepared by the United
    Nations for the operations of the United Nations: Provided
    further, <<NOTE: Notification. Deadline. United Nations.>> That the
    Secretary of State shall notify the Committees on Appropriations at
    least 15 days in advance (or in an emergency, as far in advance as is
    practicable) of any United Nations action to increase funding for any
    United Nations program without identifying an offsetting decrease
    elsewhere in the United Nations budget and cause the United Nations
    budget for the biennium 2008-2009 to exceed the revised United Nations
    budget level for the biennium 2006-2007 of $4,173,895,900: Provided
    further, That any payment of arrearages under this title

    [[Page 121 STAT. 2281]]

    shall be directed toward activities that are mutually agreed upon by the
    United States and the respective international organization: Provided
    further, That none of the funds appropriated in this paragraph shall be
    available for a United States contribution to an international
    organization for the United States share of interest costs made known to
    the United States Government by such organization for loans incurred on
    or after October 1, 1984, through external borrowings.

             contributions for international peacekeeping activities

        For necessary expenses to pay assessed and other expenses of
    international peacekeeping activities directed to the maintenance or
    restoration of international peace and security, $1,700,500,000, of
    which 15 percent shall remain available until September 30, 2009:
    Provided, <<NOTE: Deadline.>> That none of the funds made available
    under this Act shall be obligated or expended for any new or expanded
    United Nations peacekeeping mission unless, at least 15 days in advance
    of voting for the new or expanded mission in the United Nations Security
    Council (or in an emergency as far in advance as is practicable):
    (1) <<NOTE: Notification.>> the Committees on Appropriations and other
    appropriate committees of the Congress are notified of the estimated
    cost and length of the mission, the national interest that will be
    served, and the planned exit strategy; (2) <<NOTE: Notification.>> the
    Committees on Appropriations and other appropriate committees of the
    Congress are notified that the United Nations has taken appropriate
    measures to prevent United Nations employees, contractor personnel, and
    peacekeeping forces serving in any United Nations peacekeeping mission
    from trafficking in persons, exploiting victims of trafficking, or
    committing acts of illegal sexual exploitation, and to hold accountable
    individuals who engage in such acts while participating in the
    peacekeeping mission, including the prosecution in their home countries
    of such individuals in connection with such acts; and (3) a
    reprogramming of funds pursuant to section 615 of this Act is submitted,
    and the procedures therein followed, setting forth the source of funds
    that will be used to pay for the cost of the new or
    expanded <<NOTE: Certification.>> mission: Provided further, That funds
    shall be available for peacekeeping expenses only upon a certification
    by the Secretary of State to the Committees on Appropriations that
    American manufacturers and suppliers are being given opportunities to
    provide equipment, services, and material for United Nations
    peacekeeping activities equal to those being given to foreign
    manufacturers and suppliers: Provided further, That of the amount
    provided by this paragraph, $468,000,000 is designated as described in
    section 5 (in the matter preceding division A of this consolidated Act).

                            International Commissions

        For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
    provided for, to meet obligations of the United States arising under
    treaties, or specific Acts of Congress, as follows:

      international boundary and water commission, united states and mexico

        For necessary expenses for the United States Section of the
    International Boundary and Water Commission, United States and

    [[Page 121 STAT. 2282]]

    Mexico, and to comply with laws applicable to the United States Section,
    including not to exceed $6,000 for representation; as follows:

                              salaries and expenses

        For salaries and expenses, not otherwise provided for, $30,430,000.

                                  Construction

        For detailed plan preparation and construction of authorized
    projects, $88,425,000, to remain available until expended, as
    authorized.

                  American Sections, International Commissions

        For <<NOTE: Canada.>> necessary expenses, not otherwise provided,
    for the International Joint Commission and the International Boundary
    Commission, United States and Canada, as authorized by treaties between
    the United States and Canada or Great Britain, and for the Border
    Environment Cooperation Commission as authorized by Public Law 103-182,
    $10,940,000: Provided, <<NOTE: Availability date. Reports.>> That of the
    amount provided under this heading for the International Joint
    Commission, $9,000 may be made available for representation expenses 45
    days after submission to the Committees on Appropriations of a report
    detailing obligations, expenditures, and associated activities for
    fiscal years 2005, 2006, and 2007, including any unobligated funds which
    expired at the end of each fiscal year and the justification for why
    such funds were not obligated.

        Of the funds made available in the Science, State, Justice,
    Commerce, and Related Agencies Appropriations Act, 2006, Public Law 109-
    108, as continued by the Continuing Appropriations Resolution, 2007
    (division B of Public Law 109-289, as amended by Public Law 110-5), for
    the International Joint Commission (119 Stat. 2323), $300,000 for the
    Lake Champlain Basin Program shall remain available for the purposes
    intended until September 30, 2009.

                       International Fisheries Commissions

        For necessary expenses for international fisheries commissions, not
    otherwise provided for, as authorized by law, $26,527,000: Provided,
    That the United States share of such expenses may be advanced to the
    respective commissions pursuant to 31 U.S.C. 3324: Provided further,
    That funds appropriated under this heading shall be available for
    programs in the amounts contained in the table included in the
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act) accompanying this Act and no
    proposal for deviation from those amounts shall be considered.

                                      Other

                         Payment to the Asia Foundation

        For a grant to the Asia Foundation, as authorized by the Asia
    Foundation Act (22 U.S.C. 4402), $15,500,000, to remain available until
    expended, as authorized.

    [[Page 121 STAT. 2283]]

              Center for Middle Eastern-Western Dialogue Trust Fund

        For necessary expenses of the Center for Middle Eastern-Western
    Dialogue Trust Fund, the total amount of the interest and earnings
    accruing to such Fund on or before September 30, 2008, to remain
    available until expended.

                     Eisenhower Exchange Fellowship Program

        For necessary expenses of Eisenhower Exchange Fellowships,
    Incorporated, as authorized by sections 4 and 5 of the Eisenhower
    Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
    earnings accruing to the Eisenhower Exchange Fellowship Program Trust
    Fund on or before September 30, 2008, to remain available until
    expended: Provided, <<NOTE: Contracts.>> That none of the funds
    appropriated herein shall be used to pay any salary or other
    compensation, or to enter into any contract providing for the payment
    thereof, in excess of the rate authorized by 5 U.S.C. 5376; or for
    purposes which are not in accordance with OMB Circulars A-110 (Uniform
    Administrative Requirements) and A-122 (Cost Principles for Non-profit
    Organizations), including the restrictions on compensation for personal
    services.

                        israeli arab scholarship program

        For necessary expenses of the Israeli Arab Scholarship Program as
    authorized by section 214 of the Foreign Relations Authorization Act,
    Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
    accruing to the Israeli Arab Scholarship Fund on or before September 30,
    2008, to remain available until expended.

                                East-West Center

        To enable the Secretary of State to provide for carrying out the
    provisions of the Center for Cultural and Technical Interchange Between
    East and West Act of 1960, by grant to the Center for Cultural and
    Technical Interchange Between East and West in the State of Hawaii,
    $19,500,000: Provided, That none of the funds appropriated herein shall
    be used to pay any salary, or enter into any contract providing for the
    payment thereof, in excess of the rate authorized by 5 U.S.C. 5376.

                                RELATED AGENCIES

                         Broadcasting Board of Governors

                      International Broadcasting Operations

        For <<NOTE: Cuba. Middle East.>> expenses necessary to enable the
    Broadcasting Board of Governors, as authorized, to carry out
    international communication activities, including the purchase, rent,
    construction, and improvement of facilities for radio and television
    transmission and reception and purchase, lease, and installation of
    necessary equipment for radio and television transmission and reception
    to Cuba, and to make and supervise grants for radio and television
    broadcasting to the Middle East, $676,727,000: Provided, That of the
    total amount in this heading, not to exceed $16,000 may be used for
    official receptions within the United States as authorized, not to

    [[Page 121 STAT. 2284]]

    exceed $35,000 may be used for representation abroad as authorized, and
    not to exceed $39,000 may be used for official reception and
    representation expenses of Radio Free Europe/Radio Liberty; and in
    addition, notwithstanding any other provision of law, not to exceed
    $2,000,000 in receipts from advertising and revenue from business
    ventures, not to exceed $500,000 in receipts from cooperating
    international organizations, and not to exceed $1,000,000 in receipts
    from privatization efforts of the Voice of America and the International
    Broadcasting Bureau, to remain available until expended for carrying out
    authorized purposes: Provided further, That of the amount provided by
    this paragraph, $12,000,000 is designated as described in section 5 (in
    the matter preceding division A of this consolidated Act).

                        broadcasting capital improvements

        For the purchase, rent, construction, and improvement of facilities
    for radio and television transmission and reception, and purchase and
    installation of necessary equipment for radio and television
    transmission and reception as authorized, $10,748,000, to remain
    available until expended, as authorized.

          Commission for the Preservation of America's Heritage Abroad

                              SALARIES AND EXPENSES

        For necessary expenses for the Commission for the Preservation of
    America's Heritage Abroad, $499,000, as authorized by section 1303 of
    Public Law 99-83.

                  Commission on International Religious Freedom

                              SALARIES AND EXPENSES

        For necessary expenses for the United States Commission on
    International Religious Freedom, as authorized by title II of the
    International Religious Freedom Act of 1998 (Public Law 105-292),
    $3,300,000, to remain available until September 30, 2009.

                Commission on Security and Cooperation in Europe

                              SALARIES AND EXPENSES

        For necessary expenses of the Commission on Security and Cooperation
    in Europe, as authorized by Public Law 94-304, $2,370,000, to remain
    available until September 30, 2009.

      Congressional-Executive Commission on the People's Republic of China

                              SALARIES AND EXPENSES

        For necessary expenses of the Congressional-Executive Commission on
    the People's Republic of China, as authorized, $2,000,000, including not
    more than $3,000 for the purpose of official representation, to remain
    available until September 30, 2009.

    [[Page 121 STAT. 2285]]

           United States-China Economic and Security Review Commission

                              salaries and expenses

        For necessary expenses of the United States-China Economic and
    Security Review Commission, $4,000,000, including not more than $4,000
    for the purpose of official representation, to remain available until
    September 30, 2009: Provided, <<NOTE: Spending plan. Deadline.>> That
    the Commission shall submit a spending plan to the Committees on
    Appropriations no later than March 1, 2008, which effectively addresses
    the recommendations of the Government Accountability Office's audit of
    the Commission (GAO-07-1128): Provided
    further, <<NOTE: Reports. Deadline.>> That the Commission shall provide
    to the Committees on Appropriations a quarterly accounting of the
    cumulative balances of any unobligated funds that were received by the
    Commission during any previous fiscal year: Provided
    further, <<NOTE: Effective date.>> That for purposes of costs relating
    to printing and binding, the Commission shall be deemed, effective on
    the date of its establishment, to be a committee of Congress: Provided
    further, That compensation for the executive director of the Commission
    may not exceed the rate payable for level II of the Executive Schedule
    under section 5314 of title 5, United States Code: Provided
    further, <<NOTE: 22 USC 7002.>> That section 1238(c)(1) of the Floyd D.
    Spence National Defense Authorization Act for Fiscal Year 2001, is
    amended by striking ``June'' and inserting ``December'': Provided
    further, That travel by members of the Commission and its staff shall be
    arranged and conducted under the rules and procedures applying to travel
    by members of the House of Representatives and its staff.

               United States Senate-China Interparliamentary Group

                              SALARIES AND EXPENSES

        For necessary expenses of the United States Senate-China
    Interparliamentary Group, as authorized under section 153 of the
    Consolidated Appropriations Act, 2004 (22 U.S.C. 276n; Public Law 108-
    99; 118 Stat. 448), $150,000, to remain available until September 30,
    2009.

                        United States Institute of Peace

                               OPERATING EXPENSES

        For necessary expenses of the United States Institute of Peace as
    authorized in the United States Institute of Peace Act, $25,000,000, to
    remain available until September 30, 2009.

                         GENERAL PROVISIONS--THIS TITLE

                          allowances and differentials

        Sec. 101. Funds appropriated under title I of this Act shall be
    available, except as otherwise provided, for allowances and
    differentials as authorized by subchapter 59 of title 5, United States
    Code; for services as authorized by 5 U.S.C. 3109; and for hire of
    passenger transportation pursuant to 31 U.S.C. 1343(b).

    [[Page 121 STAT. 2286]]

                           unobligated balances report

        Sec. 102. The Department of State and the Broadcasting Board of
    Governors shall provide to the Committees on Appropriations a quarterly
    accounting of the cumulative balances of any unobligated funds that were
    received by such agency during any previous fiscal year.

                              Embassy Construction

        Sec. 103. (a) Of funds provided under title I of this Act, except as
    provided in subsection (b), a project to construct a diplomatic facility
    of the United States may not include office space or other
    accommodations for an employee of a Federal agency or department if the
    Secretary of State determines that such department or agency has not
    provided to the Department of State the full amount of funding required
    by subsection (e) of section 604 of the Secure Embassy Construction and
    Counterterrorism Act of 1999 (as enacted into law by section 1000(a)(7)
    of Public Law 106-113 and contained in appendix G of that Act; 113 Stat.
    1501A-453), as amended by section 629 of the Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
    Act, 2005.
        (b) Notwithstanding the prohibition in subsection (a), a project to
    construct a diplomatic facility of the United States may include office
    space or other accommodations for members of the Marine Corps.

                              peacekeeping missions

        Sec. 104. <<NOTE: United Nations. President.>> None of the funds
    made available under title I of this Act may be used for any United
    Nations undertaking when it is made known to the Federal official having
    authority to obligate or expend such funds that: (1) the United Nations
    undertaking is a peacekeeping mission; (2) such undertaking will involve
    United States Armed Forces under the command or operational control of a
    foreign national; and (3) the President's military advisors have not
    submitted to the President a recommendation that such involvement is in
    the national security interests of the United States and the President
    has not submitted to the Congress such a recommendation.

                                 denial of visas

        Sec. 105. (a) None of the funds appropriated or otherwise made
    available under title I of this Act shall be expended for any purpose
    for which appropriations are prohibited by section 616 of the
    Departments of Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act, 1999.
        (b) <<NOTE: Applicability.>> The requirements in subsections (b) and
    (c) of section 616 of that Act shall continue to apply during fiscal
    year 2008.

                          senior policy operating group

        Sec. 106. (a) The Senior Policy Operating Group on Trafficking in
    Persons, established under section 105(f) of the Victims of Trafficking
    and Violence Protection Act of 2000 (22 U.S.C. 7103(f)) to coordinate
    agency activities regarding policies (including grants and grant
    policies) involving the international trafficking in persons,

    [[Page 121 STAT. 2287]]

    shall coordinate all such policies related to the activities of
    traffickers and victims of severe forms of trafficking.
        (b) None of the funds provided under title I of this or any other
    Act making appropriations for Department of State and Related Agencies
    shall be expended to perform functions that duplicate coordinating
    responsibilities of the Operating Group.
        (c) The Operating Group shall continue to report only to the
    authorities that appointed them pursuant to section 105(f).

                    UNITED STATES CITIZENS BORN IN JERUSALEM

        Sec. 107. For the purposes of registration of birth, certification
    of nationality, or issuance of a passport of a United States citizen
    born in the city of Jerusalem, the Secretary of State shall, upon
    request of the citizen, record the place of birth as Israel.

                               consulting services

        Sec. 108. <<NOTE: Contracts.>> The expenditure of any appropriation
    under title I of this Act for any consulting service through procurement
    contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts
    where such expenditures are a matter of public record and available for
    public inspection, except where otherwise provided under existing law,
    or under existing Executive order issued pursuant to existing law.

                           Compliance With Section 609

        Sec. 109. (a) None of the funds appropriated or otherwise made
    available under title I of this Act shall be expended for any purpose
    for which appropriations are prohibited by section 609 of the
    Departments of Commerce, Justice, and State, the Judiciary, and Related
    Agencies Appropriations Act, 1999.
        (b) <<NOTE: Applicability.>> The requirements in subparagraphs (A)
    and (B) of section 609 of that Act shall continue to apply during fiscal
    year 2008.

                          state department authorities

        Sec. 110. Funds appropriated under title I of this Act for the
    Broadcasting Board of Governors and the Department of State may be
    obligated and expended notwithstanding section 15 of the State
    Department Basic Authorities Act of 1956, section 313 of the Foreign
    Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-
    236), and section 504(a)(1) of the National Security Act of 1947 (50
    U.S.C. 414(a)(1)).

                                Personnel Actions

        Sec. 111. Any costs incurred by a department or agency funded under
    this Act resulting from personnel actions taken in response to funding
    reductions included in this Act shall be absorbed within the total
    budgetary resources available to such department or agency: Provided,
    That the authority to transfer funds between appropriations accounts as
    may be necessary to carry out this section is provided in addition to
    authorities included elsewhere in this Act: Provided further, That use
    of funds to carry out this section shall be treated as a reprogramming
    of funds under section 615 of title VI of this Act and shall not be
    available for obligation

    [[Page 121 STAT. 2288]]

    or expenditure except in compliance with the procedures set forth in
    that section.

                   restrictions on united nations delegations

        Sec. 112. None of the funds made available under title I of this Act
    may be used to pay expenses for any United States delegation to any
    specialized agency, body, or commission of the United Nations if such
    commission is chaired or presided over by a country, the government of
    which the Secretary of State has determined, for purposes of section
    6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. App.
    2405(j)(1)), has provided support for acts of international terrorism.

                             PEACEKEEPING ASSESSMENT

        Sec. 113. <<NOTE: 22 USC 287e note.>> Section 404(b)(2)(B) of the
    Foreign Relations Authorization Act, Fiscal Years 1994 and 1995, (22
    U.S.C. 287e note) is amended at the end by adding the following: ``(v)
    For assessments made during calendar year 2008, 27.1 percent.''.

                              alhurra broadcasting

        Sec. 114. <<NOTE: Certification. Reports. Terrorism.>> Funds
    appropriated for the programs and activities of Alhurra in fiscal year
    2008 may be made available only if the Secretary of State certifies and
    reports to the Committees on Appropriations that Alhurra does not
    advocate on behalf of any organization that the Secretary knows, or has
    reason to believe, engages in terrorist activities.

                      department of state inspector general

        Sec. 115. (a) Link to <<NOTE: Deadline. Website. 5 USC app. 6
    note.>> Office of Inspector General From Homepage of Department of
    State.--Not later than 30 days after the date of the enactment of this
    Act, the Secretary of State shall establish and maintain on the homepage
    of the Internet website of the Department of State a direct link to the
    Internet website of the Office of Inspector General of the Department of
    State.

        (b) Anonymous Reporting of Waste, Fraud, or Abuse.--Not later than
    30 days after the date of the enactment of this Act, the Inspector
    General of the Department of State shall establish and maintain on the
    homepage of the Internet website of the Office of Inspector General a
    mechanism by which individuals can anonymously report cases of waste,
    fraud, or abuse with respect to the Department of State.

                               CONSULAR OPERATIONS

        Sec. 116. <<NOTE: Iraq. Deadline.>> The Secretary of State shall
    establish limited consular operations in Iraq within 180 days of
    enactment of this Act in which designated categories of aliens may apply
    and interview for admission to the United States.

                   INTERNATIONAL BOUNDARY AND WATER COMMISSION

        Sec. 117. <<NOTE: Negotiations. Plans. Reports.>> Of the funds
    appropriated in this Act under the heading ``International Boundary and
    Water Commission, United States and Mexico, Construction'' (IBWC), up to
    $66,000,000 may be expended for construction of secondary wastewater
    treatment

    [[Page 121 STAT. 2289]]

    capability of at least 25 million gallons per day (mgd) from the Tijuana
    River, subject to the following conditions: (1) IBWC shall resume
    negotiations in accordance with section 804 of Public Law 106-457; (2)
    IBWC shall prepare design and engineering plans to upgrade the South Bay
    International Wastewater Treatment Plant to treat 25 mgd to secondary
    treatment and update its conceptual designs for a scalable project
    capable of treating up to 100 mgd to secondary at the facility; and (3)
    none of the funds made available by this section may be obligated for
    construction before the Government Accountability Office completes a
    report on the proposed projects.

                         Commission Financial Management

        Sec. 118. (a) Requirement for <<NOTE: Compliance.>> Performance
    Reviews.--The United States-China Economic and Security Review
    Commission shall comply with chapter 43 of title 5, United States Code,
    regarding the establishment and regular review of employee performance
    appraisals.

        (b) Limitation on Cash Awards.--The United States-China Economic and
    Security Review Commission shall comply with section 4505a of title 5,
    United States Code, with respect to limitations on payment of
    performance-based cash awards.

                                    TITLE II

                        EXPORT AND INVESTMENT ASSISTANCE

                     Export-Import Bank of the United States

                                INSPECTOR GENERAL

        For necessary expenses of the Office of Inspector General in
    carrying out the provisions of the Inspector General Act of 1978, as
    amended, $1,000,000, to remain available until September 30, 2009.

                                 program account

        The <<NOTE: Contracts.>> Export-Import Bank of the United States is
    authorized to make such expenditures within the limits of funds and
    borrowing authority available to such corporation, and in accordance
    with law, and to make such contracts and commitments without regard to
    fiscal year limitations, as provided by section 104 of the Government
    Corporation Control Act, as may be necessary in carrying out the program
    for the current fiscal year for such corporation: Provided, That none of
    the funds available during the current fiscal year may be used to make
    expenditures, contracts, or commitments for the export of nuclear
    equipment, fuel, or technology to any country, other than a nuclear-
    weapon state as defined in Article IX of the Treaty on the Non-
    Proliferation of Nuclear Weapons eligible to receive economic or
    military assistance under this Act, that has detonated a nuclear
    explosive after the date of the enactment of this Act: Provided
    further, <<NOTE: 12 USC 635 note.>> That notwithstanding section 1(c) of
    Public Law 103-428, as amended, sections 1(a) and (b) of Public Law 103-
    428 shall remain in effect through October 1, 2008: Provided further,
    That not less than 10 percent of the aggregate loan, guarantee, and
    insurance authority available to

    [[Page 121 STAT. 2290]]

    the Export-Import Bank under this Act should be used for renewable
    energy and environmentally beneficial products and services.

                              SUBSIDY APPROPRIATION

        For the cost of direct loans, loan guarantees, insurance, and tied-
    aid grants as authorized by section 10 of the Export-Import Bank Act of
    1945, as amended, $68,000,000, to remain available until September 30,
    2011: Provided, That such costs, including the cost of modifying such
    loans, shall be as defined in section 502 of the Congressional Budget
    Act of 1974: Provided further, That such <<NOTE: Termination
    date.>> sums shall remain available until September 30, 2026, for the
    disbursement of direct loans, loan guarantees, insurance and tied-aid
    grants obligated in fiscal years 2008, 2009, 2010, and 2011: Provided
    further, <<NOTE: Notification.>> That none of the funds appropriated by
    this Act or any prior Act appropriating funds for foreign operations,
    export financing, and related programs for tied-aid credits or grants
    may be used for any other purpose except through the regular
    notification procedures of the Committees on Appropriations: Provided
    further, That funds appropriated by this paragraph are made available
    notwithstanding section 2(b)(2) of the Export-Import Bank Act of 1945,
    in connection with the purchase or lease of any product by any Eastern
    European country, any Baltic State or any agency or national thereof.

                             administrative expenses

        For administrative expenses to carry out the direct and guaranteed
    loan and insurance programs, including hire of passenger motor vehicles
    and services as authorized by 5 U.S.C. 3109, and not to exceed $30,000
    for official reception and representation expenses for members of the
    Board of Directors, $78,000,000: Provided, That the Export-Import Bank
    may accept, and use, payment or services provided by transaction
    participants for legal, financial, or technical services in connection
    with any transaction for which an application for a loan, guarantee or
    insurance commitment has been made: Provided
    further, <<NOTE: Termination date.>> That notwithstanding subsection (b)
    of section 117 of the Export Enhancement Act of 1992, subsection (a)
    thereof shall remain in effect until October 1, 2008.

                               RECEIPTS COLLECTED

        Receipts collected pursuant to the Export-Import Bank Act of 1945,
    as amended, and the Federal Credit Reform Act of 1990, as amended, in an
    amount not to exceed the amount appropriated herein, shall be credited
    as offsetting collections to this account: Provided, That the sums
    herein appropriated from the General Fund shall be reduced on a dollar-
    for-dollar basis by such offsetting collections so as to result in a
    final fiscal year appropriation from the General Fund estimated at $0:
    Provided further, <<NOTE: Effective date. Termination date. 12 USC 635a
    note.>> That amounts collected in fiscal year 2008 in excess of
    obligations, up to $50,000,000, shall become available October 1, 2008
    and shall remain available until September 30, 2011.

    [[Page 121 STAT. 2291]]

                     Overseas Private Investment Corporation

                                noncredit account

        The Overseas Private Investment Corporation is authorized to make,
    without regard to fiscal year limitations, as provided by 31 U.S.C.
    9104, such expenditures and commitments within the limits of funds
    available to it and in accordance with law as may be necessary:
    Provided, That the amount available for administrative expenses to carry
    out the credit and insurance programs (including an amount for official
    reception and representation expenses which shall not exceed $35,000)
    shall not exceed $47,500,000: Provided further, That project-specific
    transaction costs, including direct and indirect costs incurred in
    claims settlements, and other direct costs associated with services
    provided to specific investors or potential investors pursuant to
    section 234 of the Foreign Assistance Act of 1961, shall not be
    considered administrative expenses for the purposes of this heading.

                                 program account

        For the cost of direct and guaranteed loans, $23,500,000, as
    authorized by section 234 of the Foreign Assistance Act of 1961, to be
    derived by transfer from the Overseas Private Investment Corporation
    Noncredit Account: Provided, That such costs, including the cost of
    modifying such loans, shall be as defined in section 502 of the
    Congressional Budget Act of 1974: Provided further, That such sums shall
    be available for direct loan obligations and loan guaranty commitments
    incurred or made during fiscal years 2008, 2009, and 2010: Provided
    further, That funds so obligated in fiscal year 2008 remain available
    for disbursement through 2016; funds obligated in fiscal year 2009
    remain available for disbursement through 2017; funds obligated in
    fiscal year 2010 remain available for disbursement through 2018:
    Provided further, That notwithstanding any other provision of law, the
    Overseas Private Investment Corporation is authorized to undertake any
    program authorized by title IV of the Foreign Assistance Act of 1961 in
    Iraq: Provided further, <<NOTE: Notification.>> That funds made
    available pursuant to the authority of the previous proviso shall be
    subject to the regular notification procedures of the Committees on
    Appropriations.

        In addition, such sums as may be necessary for administrative
    expenses to carry out the credit program may be derived from amounts
    available for administrative expenses to carry out the credit and
    insurance programs in the Overseas Private Investment Corporation
    Noncredit Account and merged with said account.

                       Funds Appropriated to the President

                          trade and development agency

        For necessary expenses to carry out the provisions of section 661 of
    the Foreign Assistance Act of 1961, $50,400,000, to remain available
    until September 30, 2009.

    [[Page 121 STAT. 2292]]

                                    TITLE III

                          BILATERAL ECONOMIC ASSISTANCE

                       Funds Appropriated to the President

        For expenses necessary to enable the President to carry out the
    provisions of the Foreign Assistance Act of 1961, and for other
    purposes, to remain available until September 30, 2008, unless otherwise
    specified herein, as follows:

                        global health and child survival

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of chapters 1 and
    10 of part I of the Foreign Assistance Act of 1961, for global health
    activities, in addition to funds otherwise available for such purposes,
    $1,843,150,000, to remain available until September 30, 2009, and which
    shall be apportioned directly to the United States Agency for
    International Development: Provided, That this <<NOTE: HIV/
    AIDS.>> amount shall be made available for such activities as: (1) child
    survival and maternal health programs; (2) immunization and oral
    rehydration programs; (3) other health, nutrition, water and sanitation
    programs which directly address the needs of mothers and children, and
    related education programs; (4) assistance for children displaced or
    orphaned by causes other than AIDS; (5) programs for the prevention,
    treatment, control of, and research on HIV/AIDS, tuberculosis, polio,
    malaria, and other infectious diseases, and for assistance to
    communities severely affected by HIV/AIDS, including children infected
    or affected by AIDS; and (6) family planning/reproductive health:
    Provided further, That none of the funds appropriated under this
    paragraph may be made available for nonproject assistance, except that
    funds may be made available for such assistance for ongoing health
    activities: Provided further, That of the funds appropriated under this
    paragraph, not to exceed $350,000, in addition to funds otherwise
    available for such purposes, may be used to monitor and provide
    oversight of child survival, maternal and family planning/reproductive
    health, and infectious disease programs: Provided further, That of the
    funds appropriated under this paragraph the following amounts should be
    allocated as follows: $450,150,000 for child survival and maternal
    health; $15,000,000 for vulnerable children; $350,000,000 for HIV/AIDS;
    $633,000,000 for other infectious diseases, including $153,000,000 for
    tuberculosis control, of which $15,000,000 shall be used for the Global
    TB Drug Facility; and $395,000,000 for family planning/reproductive
    health, including in areas where population growth threatens
    biodiversity or endangered species: Provided further, That of the funds
    appropriated under this paragraph, $72,500,000 should be made available
    for a United States contribution to The GAVI Fund, and up to $6,000,000
    may be transferred to and merged with funds appropriated by this Act
    under the heading ``Operating Expenses of the United States Agency for
    International Development'' for costs directly related to global health,
    but funds made available for such costs may not be derived from amounts
    made available for contribution under this and preceding provisos:
    Provided further, <<NOTE: Avian flu. Notification.>> That of the funds
    appropriated under this paragraph, $115,000,000 shall be made available
    to combat

    [[Page 121 STAT. 2293]]

    avian influenza, of which $15,000,000 shall be made available,
    notwithstanding any other provision of law except section 551 of Public
    Law 109-102, to enhance the preparedness of militaries in Asia and
    Africa to respond to an avian influenza pandemic, subject to the regular
    notification procedures of the Committees on Appropriations: Provided
    further, <<NOTE: Abortion. Sterilization.>> That none of the funds made
    available in this Act nor any unobligated balances from prior
    appropriations may be made available to any organization or program
    which, as determined by the President of the United States, supports or
    participates in the management of a program of coercive abortion or
    involuntary sterilization: Provided further, <<NOTE: Deadline.>> That
    any determination made under the previous proviso must be made no later
    than six months after the date of enactment of this Act, and must be
    accompanied by a comprehensive analysis as well as the complete evidence
    and criteria utilized to make the determination: Provided
    further, <<NOTE: Abortion.>> That none of the funds made available under
    this Act may be used to pay for the performance of abortion as a method
    of family planning or to motivate or coerce any person to practice
    abortions: Provided further, That nothing in this paragraph shall be
    construed to alter any existing statutory prohibitions against abortion
    under section 104 of the Foreign Assistance Act of 1961: Provided
    further, <<NOTE: Lobbying.>> That none of the funds made available under
    this Act may be used to lobby for or against abortion: Provided
    further, <<NOTE: Abortion. Deadline. Reports.>> That in order to reduce
    reliance on abortion in developing nations, funds shall be available
    only to voluntary family planning projects which offer, either directly
    or through referral to, or information about access to, a broad range of
    family planning methods and services, and that any such voluntary family
    planning project shall meet the following requirements: (1) service
    providers or referral agents in the project shall not implement or be
    subject to quotas, or other numerical targets, of total number of
    births, number of family planning acceptors, or acceptors of a
    particular method of family planning (this provision shall not be
    construed to include the use of quantitative estimates or indicators for
    budgeting and planning purposes); (2) the project shall not include
    payment of incentives, bribes, gratuities, or financial reward to: (A)
    an individual in exchange for becoming a family planning acceptor; or
    (B) program personnel for achieving a numerical target or quota of total
    number of births, number of family planning acceptors, or acceptors of a
    particular method of family planning; (3) the project shall not deny any
    right or benefit, including the right of access to participate in any
    program of general welfare or the right of access to health care, as a
    consequence of any individual's decision not to accept family planning
    services; (4) the project shall provide family planning acceptors
    comprehensible information on the health benefits and risks of the
    method chosen, including those conditions that might render the use of
    the method inadvisable and those adverse side effects known to be
    consequent to the use of the method; and (5) the project shall ensure
    that experimental contraceptive drugs and devices and medical procedures
    are provided only in the context of a scientific study in which
    participants are advised of potential risks and benefits; and, not less
    than 60 days after the date on which the Administrator of the United
    States Agency for International Development determines that there has
    been a violation of the requirements contained in paragraph (1), (2),
    (3), or (5) of this proviso, or a pattern or practice of violations of
    the requirements contained in paragraph

    [[Page 121 STAT. 2294]]

    (4) of this proviso, the Administrator shall submit to the Committees on
    Appropriations a report containing a description of such violation and
    the corrective action taken by the Agency: Provided further, That in
    awarding <<NOTE: Nondiscrimi- nation. Compliance.>> grants for natural
    family planning under section 104 of the Foreign Assistance Act of 1961
    no applicant shall be discriminated against because of such applicant's
    religious or conscientious commitment to offer only natural family
    planning; and, additionally, all such applicants shall comply with the
    requirements of the previous proviso: Provided further, That for
    purposes of this or any other Act authorizing or appropriating funds for
    foreign operations, export financing, and related programs, the term
    ``motivate'', as it relates to family planning assistance, shall not be
    construed to prohibit the provision, consistent with local law, of
    information or counseling about all pregnancy options: Provided further,
    That to the <<NOTE: Condoms.>> maximum extent feasible, taking into
    consideration cost, timely availability, and best health practices,
    funds appropriated in this Act or prior appropriations Acts that are
    made available for condom procurement shall be made available only for
    the procurement of condoms manufactured in the United States: Provided
    further, That information provided about the use of condoms as part of
    projects or activities that are funded from amounts appropriated by this
    Act shall be medically accurate and shall include the public health
    benefits and failure rates of such use: Provided further, That of the
    amount provided by this paragraph, $115,000,000 is designated as
    described in section 5 (in the matter preceding division A of this
    consolidated Act).

        In addition, for necessary expenses to carry out the provisions of
    the Foreign Assistance Act of 1961 for the prevention, treatment, and
    control of, and research on, HIV/AIDS, $4,700,000,000, to remain
    available until expended, and which shall be apportioned directly to the
    Department of State: Provided, That of the funds appropriated under this
    paragraph, $550,000,000 shall be made available, notwithstanding any
    other provision of law, except for the United States Leadership Against
    HIV/AIDS, Tuberculosis and Malaria Act of 2003 (Public Law 108-25) for a
    United States contribution to the Global Fund to Fight AIDS,
    Tuberculosis and Malaria, and shall be expended at the minimum rate
    necessary to make timely payment for projects and activities: Provided
    further, That up to 5 percent of the aggregate amount of funds made
    available to the Global Fund in fiscal year 2008 may be made available
    to the United States Agency for International Development for technical
    assistance related to the activities of the Global Fund: Provided
    further, That of the funds appropriated under this paragraph, up to
    $13,000,000 may be made available, in addition to amounts otherwise
    available for such purposes, for administrative expenses of the Office
    of the Global AIDS Coordinator: Provided further, That funds made
    available under this heading shall be made available notwithstanding the
    second sentence of section 403(a) of Public Law 108-25.

                             development assistance

        For necessary expenses to carry out the provisions of sections 103,
    105, 106, and sections 251 through 255, and chapter 10 of part I of the
    Foreign Assistance Act of 1961, $1,636,881,000, to remain available
    until September 30, 2009: Provided, That of the funds appropriated under
    this heading that are made available for assistance programs for
    displaced and orphaned children and

    [[Page 121 STAT. 2295]]

    victims of war, not to exceed $43,000, in addition to funds otherwise
    available for such purposes, may be used to monitor and provide
    oversight of such programs: Provided further, That $400,000,000 should
    be allocated for basic education: Provided further, That of the funds
    appropriated by this Act, not less than $245,000,000 shall be made
    available for microenterprise and microfinance development programs for
    the poor, especially women: Provided further, That of the funds
    appropriated under this heading, not less than $28,000,000 shall be made
    available for Collaborative Research Support Programs: Provided further,
    That of the funds appropriated under this heading, $750,000 shall be
    made available to implement 7 U.S.C. section 1736g-2(a)(2)(C) to improve
    food aid product quality and nutrient delivery: Provided further, That
    of the funds appropriated under this heading, not less than $22,500,000
    shall be made available for the American Schools and Hospitals Abroad
    program: Provided further, That of the funds appropriated under this
    heading, $12,000,000 should be made available for cooperative
    development programs within the Office of Private and Voluntary
    Cooperation: Provided further, That funds appropriated under this
    heading should be made available for programs to address sexual and
    gender-based violence: Provided further, That of the funds appropriated
    in this Act, not less than $300,000,000 shall be made available for safe
    drinking water and sanitation supply projects, including water
    management related to safe drinking water and sanitation, only to
    implement the Senator Paul Simon Water for the Poor Act of 2005 (Public
    Law 109-121), of which not less than $125,000,000 should be made
    available for such projects in Africa: Provided further, That of the
    funds appropriated under this heading, not less than $15,000,000 shall
    be made available for programs to improve women's leadership capacity in
    recipient countries, and $10,000,000 may be made available to support a
    fund that enhances economic opportunities for very poor, poor, and low-
    income women in developing countries.

                        international disaster assistance

        For necessary expenses to carry out the provisions of section 491 of
    the Foreign Assistance Act of 1961 for international disaster relief,
    rehabilitation, and reconstruction assistance, $432,350,000, to remain
    available until expended, of which $20,000,000 should be for famine
    prevention and relief: Provided further, That of the amount provided by
    this paragraph, $110,000,000 is designated as described in section 5 (in
    the matter preceding division A of this consolidated Act).

                             transition initiatives

        For necessary expenses for international disaster rehabilitation and
    reconstruction assistance pursuant to section 491 of the Foreign
    Assistance Act of 1961, $45,000,000, to remain available until expended,
    to support transition to democracy and to long-term development of
    countries in crisis: Provided, That such support may include assistance
    to develop, strengthen, or preserve democratic institutions and
    processes, revitalize basic infrastructure, and foster the peaceful
    resolution of conflict: Provided
    further, <<NOTE: Reports. Deadline.>> That the United States Agency for
    International Development shall submit a report to the Committees on
    Appropriations at least 5

    [[Page 121 STAT. 2296]]

    days prior to beginning a new program of assistance: Provided further,
    That if the President determines that it is important to the national
    interests of the United States to provide transition assistance in
    excess of the amount appropriated under this heading, up to $15,000,000
    of the funds appropriated by this Act to carry out the provisions of
    part I of the Foreign Assistance Act of 1961 may be used for purposes of
    this heading and under the authorities applicable to funds appropriated
    under this heading: Provided further, That funds made available pursuant
    to the previous proviso shall be made available subject to prior
    consultation with the Committees on Appropriations.

                          development credit authority

                          (including transfer of funds)

        For the cost of direct loans and loan guarantees provided by the
    United States Agency for International Development, as authorized by
    sections 256 and 635 of the Foreign Assistance Act of 1961, up to
    $21,000,000 may be derived by transfer from funds appropriated by this
    Act to carry out part I of such Act and under the heading ``Assistance
    for Eastern Europe and the Baltic States'': Provided, That such funds
    shall be made available only for micro and small enterprise programs,
    urban programs, and other programs which further the purposes of part I
    of the Act: Provided further, That such costs, including the cost of
    modifying such direct and guaranteed loans, shall be as defined in
    section 502 of the Congressional Budget Act of 1974, as amended:
    Provided further, That funds made <<NOTE: Notification.>> available by
    this paragraph may be used for the cost of modifying any such guaranteed
    loans under this Act or prior Acts, and funds used for such costs shall
    be subject to the regular notification procedures of the Committees on
    Appropriations: Provided further, <<NOTE: Applicability.>> That the
    provisions of section 107A(d) (relating to general provisions applicable
    to the Development Credit Authority) of the Foreign Assistance Act of
    1961, as contained in section 306 of H.R. 1486 as reported by the House
    Committee on International Relations on May 9, 1997, shall be applicable
    to direct loans and loan guarantees provided under this heading:
    Provided further, That these funds are available to subsidize total loan
    principal, any portion of which is to be guaranteed, of up to
    $700,000,000.

        In addition, for administrative expenses to carry out credit
    programs administered by the United States Agency for International
    Development, $8,160,000, which may be transferred to and merged with the
    appropriation for Operating Expenses of the United States Agency for
    International Development: Provided, That funds made available under
    this heading shall remain available until September 30, 2010.

        operating expenses of the united states agency for international
                                   development

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $655,800,000, of which up to
    $25,000,000 may remain available until September 30, 2009:
    Provided, <<NOTE: Reports. Deadline.>> That none of the funds
    appropriated under this heading and under the heading ``Capital
    Investment Fund'' may be made

    [[Page 121 STAT. 2297]]

    available to finance the construction (including architect and
    engineering services), purchase, or long-term lease of offices for use
    by the United States Agency for International Development, unless the
    Administrator has identified such proposed construction (including
    architect and engineering services), purchase, or long-term lease of
    offices in a report submitted to the Committees on Appropriations at
    least 15 days prior to the obligation of these funds for such purposes:
    Provided further, That the previous proviso shall not apply where the
    total cost of construction (including architect and engineering
    services), purchase, or long-term lease of offices does not exceed
    $1,000,000: Provided further, That contracts or agreements entered into
    with funds appropriated under this heading may entail commitments for
    the expenditure of such funds through
    fiscal <<NOTE: Notification.>> year 2009: Provided further, That any
    decision to open a new overseas mission or office of the United States
    Agency for International Development or, except where there is a
    substantial security risk to mission personnel, to close or
    significantly reduce the number of personnel of any such mission or
    office, shall be subject to the regular notification procedures of the
    Committees on Appropriations: Provided further, That the authority of
    sections 610 and 109 of the Foreign Assistance Act of 1961 may be
    exercised by the Secretary of State to transfer funds appropriated to
    carry out chapter 1 of part I of such Act to ``Operating Expenses of the
    United States Agency for International Development'' in accordance with
    the provisions of those sections: Provided further, That of the amount
    provided by this paragraph, $20,800,000 is designated as described in
    section 5 (in the matter preceding division A of this consolidated Act).

     capital investment fund of the united states agency for international
                                   development

        For necessary expenses for overseas construction and related costs,
    and for the procurement and enhancement of information technology and
    related capital investments, pursuant to section 667 of the Foreign
    Assistance Act of 1961, $88,000,000, to remain available until expended:
    Provided, That this amount is in addition to funds otherwise available
    for such purposes: Provided further, That funds
    appropriated <<NOTE: Notification.>> under this heading shall be
    available for obligation only pursuant to the regular notification
    procedures of the Committees on Appropriations.

        operating expenses of the united states agency for international
                     development office of inspector general

        For necessary expenses to carry out the provisions of section 667 of
    the Foreign Assistance Act of 1961, $38,000,000, to remain available
    until September 30, 2009, which sum shall be available for the Office of
    the Inspector General of the United States Agency for International
    Development.

                       Other Bilateral Economic Assistance

                              economic support fund

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $2,994,823,000,

    [[Page 121 STAT. 2298]]

    to remain available until <<NOTE: Egypt. Grants.>> September 30, 2009:
    Provided, That of the funds appropriated under this heading, not less
    than $415,000,000 shall be available only for Egypt, which sum shall be
    provided on a grant basis, and of which sum cash transfer assistance
    shall be provided with the understanding that Egypt will undertake
    significant economic and democratic reforms which are additional to
    those which were undertaken in previous fiscal years: Provided further,
    That with respect to the provision of assistance for Egypt for
    democracy, human rights and governance activities, the organizations
    implementing such assistance and the specific nature of that assistance
    shall not be subject to the prior approval by the Government of Egypt:
    Provided further, That of the funds appropriated under this heading for
    assistance for Egypt, not less than $135,000,000 shall be made available
    for project assistance, of which not less than $20,000,000 shall be made
    available for democracy, human rights and governance programs and not
    less than $50,000,000 shall be used for education programs, of which not
    less than $10,000,000 should be made available for scholarships for
    Egyptian students with high financial need to attend United States
    accredited institutions of higher education in Egypt: Provided further,
    That $11,000,000 of the funds appropriated under this heading should be
    made available for Cyprus to be used only for scholarships,
    administrative support of the scholarship program, bicommunal projects,
    and measures aimed at reunification of the island and designed to reduce
    tensions and promote peace and cooperation between the two communities
    on Cyprus: Provided further, <<NOTE: Jordan.>> That of the funds
    appropriated under this heading, not less than $363,547,000 shall be
    made available only for assistance for Jordan: Provided further, That of
    the funds appropriated under this heading that are made available for
    assistance for Jordan, up to $40,000,000 may be transferred to, and
    merged with, funds appropriated by this Act under the heading ``Debt
    Restructuring'' for the costs, as defined in section 502 of the
    Congressional Budget Act of 1974, of reducing or cancelling amounts owed
    to the United States or any agency of the United States by the Hashemite
    Kingdom of Jordan: Provided further, That of the funds appropriated
    under this heading not more than $218,500,000 may be made available for
    assistance for the West Bank and Gaza, of which not to exceed $2,000,000
    may be used for administrative expenses of the United States Agency for
    International Development, in addition to funds otherwise available for
    such purposes, to carry out programs in the West Bank and Gaza: Provided
    further, <<NOTE: Certification.>> That if the President exercises the
    waiver authority under section 650 of this Act, of the funds made
    available under this heading for assistance to the Palestinian
    Authority, not more than $100,000,000 of the funds made available under
    this heading for cash transfer assistance to the Palestinian Authority
    may be obligated for such assistance until the Secretary of State
    certifies and reports to the Committees on Appropriations that the
    Palestinian Authority has established a single treasury account for all
    Palestinian Authority financing and all financing mechanisms flow
    through this account, has eliminated all parallel financing mechanisms
    outside of the Palestinian Authority treasury account, and has
    established a single comprehensive civil service roster and payroll:
    Provided further, That none of the funds appropriated under this heading
    for cash transfer assistance to the Palestinian Authority may be
    obligated for salaries of personnel of the

    [[Page 121 STAT. 2299]]

    Palestinian Authority located in Gaza: Provided further, That none of
    the funds appropriated under this heading for cash transfer assistance
    to the Palestinian Authority may be obligated or expended for assistance
    to Hamas or any entity effectively controlled by Hamas or any power-
    sharing government with Hamas unless Hamas has accepted the principles
    contained in section 620K(b)(1)(A) and (B) of the Foreign Assistance Act
    of 1961, as amended: Provided further, That the Secretary of State shall
    ensure that Federal or non-Federal audits of all funds appropriated
    under this heading for cash transfer assistance to the Palestinian
    Authority are conducted on at least an annual basis to ensure compliance
    with this Act, and such audit shall include a detailed accounting of all
    programs, projects, and activities carried out using such funds,
    including both obligations and expenditures, and that the audit is
    compliant with generally accepted accounting standards: Provided
    further, <<NOTE: Notification.>> That funds made available under this
    heading for cash transfer assistance to the Palestinian Authority shall
    be subject to the regular notification procedures of the Committees on
    Appropriations: Provided further, <<NOTE: Lebanon.>> That $45,000,000 of
    the funds appropriated under this heading shall be made available for
    assistance for Lebanon, of which not less than $10,000,000 should be
    made available for scholarships and direct support of American
    educational institutions in Lebanon: Provided further, That not
    more <<NOTE: Afghanistan. Certification.>> than $300,000,000 of the
    funds made available for assistance for Afghanistan under this heading
    may be obligated for such assistance until the Secretary of State
    certifies to the Committees on Appropriations that the Government of
    Afghanistan at both the national and provincial level is cooperating
    fully with United States funded poppy eradication and interdiction
    efforts in Afghanistan: Provided further, <<NOTE: Reports.>> That the
    President may waive the previous proviso if he determines and reports to
    the Committees on Appropriations that to do so is vital to the national
    security interests of the United States: Provided further, That such
    report shall include an analysis of the steps being taken by the
    Government of Afghanistan, at the national and provincial level, to
    cooperate fully with United States funded poppy eradication and
    interdiction efforts in Afghanistan: Provided further, That of the funds
    appropriated under this heading, $196,000,000 shall be apportioned
    directly to the United States Agency for International Development
    (USAID) for alternative development/institution building and sustainable
    development programs in Colombia and may be transferred to, and merged
    with, funds appropriated under the heading ``Development Assistance'' to
    continue programs administered by USAID: Provided further, That with
    respect to funds apportioned to USAID for programs in Colombia under
    this heading, the responsibility for policy decisions for the use of
    such funds, including which activities will be funded and the amount of
    funds that will be provided for each of those activities, shall be the
    responsibility of the Administrator of USAID in consultation with the
    Assistant Secretary of State for International Narcotics and Law
    Enforcement Affairs: Provided further, That of the funds appropriated
    under this heading that are available for assistance for the Democratic
    Republic of Timor-Leste, up to $1,000,000 may be available for
    administrative expenses of the United States Agency for International
    Development in addition to amounts otherwise made available for such
    purposes: Provided further, That notwithstanding any other provision of
    law, funds appropriated under

    [[Page 121 STAT. 2300]]

    this heading may be made available for programs and activities for the
    Central Highlands of <<NOTE: Notification.>> Vietnam: Provided further,
    That notwithstanding any other provision of law, of the funds
    appropriated under this heading, up to $53,000,000 may be made available
    for energy-related assistance for North Korea, subject to the regular
    notification procedures of the Committees on Appropriations: Provided
    further, That funds appropriated under this heading that are made
    available for a Middle East Financing Facility, Middle East Enterprise
    Fund, or any other similar entity in the Middle East shall be subject to
    the regular notification procedures of the Committees on Appropriations:
    Provided further, That of the amount provided by this paragraph,
    $542,568,000 is designated as described in section 5 (in the matter
    preceding division A of this consolidated Act).

                         international fund for ireland

        For necessary expenses to carry out the provisions of chapter 4 of
    part II of the Foreign Assistance Act of 1961, $15,000,000, which shall
    be available for the United States contribution to the International
    Fund for Ireland and shall be made available in accordance with the
    provisions of the Anglo-Irish Agreement Support Act of 1986 (Public Law
    99-415): Provided, That such amount shall be expended at the minimum
    rate necessary to make timely payment for projects and activities:
    Provided further, That funds made available under this heading shall
    remain available until September 30, 2009.

               assistance for eastern europe and the baltic states

        (a) For necessary expenses to carry out the provisions of the
    Foreign Assistance Act of 1961 and the Support for East European
    Democracy (SEED) Act of 1989, $295,950,000, to remain available until
    September 30, 2009, which shall be available, notwithstanding any other
    provision of law, for assistance and for related programs for Eastern
    Europe and the Baltic States.
        (b) Funds appropriated under this heading shall be considered to be
    economic assistance under the Foreign Assistance Act of 1961 for
    purposes of making available the administrative authorities contained in
    that Act for the use of economic assistance.
        (c) <<NOTE: Applicability.>> The provisions of section 628 of this
    Act shall apply to funds appropriated under this heading: Provided, That
    notwithstanding any provision of this or any other Act, including
    provisions in this subsection regarding the application of section 628
    of this Act, local currencies generated by, or converted from, funds
    appropriated by this Act and by previous appropriations Acts and made
    available for the economic revitalization program in Bosnia may be used
    in Eastern Europe and the Baltic States to carry out the provisions of
    the Foreign Assistance Act of 1961 and the Support for East European
    Democracy SEED Act of 1989.

        (d) <<NOTE: President. Certification.>> The President is authorized
    to withhold funds appropriated under this heading made available for
    economic revitalization programs in Bosnia and Herzegovina, if he
    determines and certifies to the Committees on Appropriations that the
    Federation of Bosnia and Herzegovina has not complied with article III
    of annex 1-A of the General Framework Agreement for Peace in Bosnia and
    Herzegovina concerning the withdrawal of foreign forces, and that
    intelligence cooperation on training, investigations, and related

    [[Page 121 STAT. 2301]]

    activities between state sponsors of terrorism and terrorist
    organizations and Bosnian officials has not been terminated.

        assistance for the independent states of the former soviet union

        For necessary expenses to carry out the provisions of chapters 11
    and 12 of part I of the Foreign Assistance Act of 1961 and the FREEDOM
    Support Act, for assistance for the Independent States of the former
    Soviet Union and for related programs, $399,735,000, to remain available
    until September 30, 2009: Provided, That
    the <<NOTE: Applicability.>> provisions of such chapters shall apply to
    funds appropriated by this paragraph: Provided further, That funds made
    available for the Southern Caucasus region may be used, notwithstanding
    any other provision of law, for confidence-building measures and other
    activities in furtherance of the peaceful resolution of regional
    conflicts, especially those in the vicinity of Abkhazia and Nagorno-
    Karabagh: Provided further, That notwithstanding any other provision of
    law, funds appropriated under this heading in this Act or prior Acts
    making appropriations for foreign operations, export financing, and
    related programs, that are made available pursuant to the provisions of
    section 807 of Public Law 102-511 shall be subject to a 6 percent
    ceiling on administrative expenses.

                              Independent Agencies

                            Inter-American Foundation

        For necessary expenses to carry out the functions of the Inter-
    American Foundation in accordance with the provisions of section 401 of
    the Foreign Assistance Act of 1969, $21,000,000, to remain available
    until September 30, 2009.

                         AFRICAN DEVELOPMENT FOUNDATION

        For necessary expenses to carry out title V of the International
    Security and Development Cooperation Act of 1980, Public Law 96-533,
    $30,000,000, to remain available until September 30, 2009: Provided,
    That funds made available to grantees may be invested pending
    expenditure for project purposes when authorized by the Board of
    Directors of the Foundation: Provided further, That interest earned
    shall be used only for the purposes for which the grant was made:
    Provided further, That notwithstanding section 505(a)(2) of the African
    Development Foundation Act, (1) in exceptional circumstances the Board
    of Directors of the Foundation may waive the $250,000 limitation
    contained in that section with respect to a project and (2) a project
    may exceed the limitation by up to $10,000 if the increase is due solely
    to foreign currency fluctuation: Provided
    further, <<NOTE: Reports.>> That the Foundation shall provide a report
    to the Committees on Appropriations after each time such waiver
    authority is exercised.

                                   peace corps

                          (including transfer of funds)

        For necessary expenses to carry out the provisions of the Peace
    Corps Act (75 Stat. 612), including the purchase of not to exceed five
    passenger motor vehicles for administrative purposes for use

    [[Page 121 STAT. 2302]]

    outside of the United States, $333,500,000, to remain available until
    September 30, 2009: Provided, <<NOTE: Abortions.>> That none of the
    funds appropriated under this heading shall be used to pay for
    abortions: Provided further, That the Director may transfer to the
    Foreign Currency Fluctuations Account, as authorized by 22 U.S.C. 2515,
    an amount not to exceed $2,000,000: Provided further, That funds
    transferred pursuant to the previous proviso may not be derived from
    amounts made available for Peace Corps overseas operations.

                        Millennium Challenge Corporation

        For necessary expenses to carry out the provisions of the Millennium
    Challenge Act of 2003, $1,557,000,000, to remain available until
    expended: Provided, That of the funds appropriated under this heading,
    up to $88,000,000 may be available for administrative expenses of the
    Millennium Challenge Corporation: Provided further, That up to 10
    percent of the funds appropriated under this heading may be made
    available to carry out the purposes of section 616 of the Millennium
    Challenge Act of 2003 for candidate countries for fiscal year 2008:
    Provided further, <<NOTE: Reports.>> That none of the funds available to
    carry out section 616 of such Act may be made available until the Chief
    Executive Officer of the Millennium Challenge Corporation provides a
    report to the Committees on Appropriations listing the candidate
    countries that will be receiving assistance under section 616 of such
    Act, the level of assistance proposed for each such country, a
    description of the proposed programs, projects and activities, and the
    implementing agency or agencies of the United States Government:
    Provided further, <<NOTE: Applicability.>> That section 605(e)(4) of the
    Millennium Challenge Act of 2003 shall apply to funds appropriated under
    this heading: Provided further, That funds appropriated under this
    heading may be made available for a Millennium Challenge Compact entered
    into pursuant to section 609 of the Millennium Challenge Act of 2003
    only if such Compact obligates, or contains a commitment to obligate
    subject to the availability of funds and the mutual agreement of the
    parties to the Compact to proceed, the entire amount of the United
    States Government funding anticipated for the duration of the Compact.

                               Department of State

                                 DEMOCRACY FUND

        (a) <<NOTE: Notification.>> For necessary expenses to carry out the
    provisions of the Foreign Assistance Act of 1961 for the promotion of
    democracy globally, $164,000,000, of which the following amounts shall
    be made available, subject to the regular notification procedures of the
    Committees on Appropriations, until September 30, 2010--
                (1) $64,000,000 for the Human Rights and Democracy Fund of
            the Bureau of Democracy, Human Rights and Labor, Department of
            State, of which $15,000,000 shall be for democracy and rule of
            law programs in the People's Republic of China, Hong Kong, and
            Taiwan: Provided, That assistance for Taiwan should be matched
            from sources other than the United States Government: Provided
            further, That $5,000,000 shall be made available for programs
            and activities for the promotion of democracy in countries
            located outside the Middle East region with a significant Muslim
            population, and where such programs and activities would be
            important to United States efforts to

    [[Page 121 STAT. 2303]]

            respond to, deter, or prevent acts of international terrorism:
            Provided further, That funds used for such purposes should
            support new initiatives and activities in those countries:
            Provided further, That $15,000,000 shall be made available for
            an internet freedom initiative to expand access and information
            in closed societies, including in the Middle East and Asia:
            Provided further, <<NOTE: Consultation.>> That the Department of
            State shall consult with the Committees on Appropriations prior
            to the initial obligation of funds made available pursuant to
            the previous proviso; and
                (2) $100,000,000 for the National Endowment for Democracy:
            Provided, That of the funds appropriated by this Act under the
            headings ``Development Assistance'', ``Economic Support Fund'',
            ``Assistance for Eastern Europe and the Baltic States'', and
            ``Assistance for the Independent States of the Former Soviet
            Union'', an additional $11,000,000 should be made available to
            support the ongoing programs and activities of the National
            Endowment for Democracy.

        (b) Funds appropriated by this Act that are made available for the
    promotion of democracy may be made available notwithstanding any other
    provision of law and, with regard to the National Endowment for
    Democracy, any regulation. Funds appropriated under this heading are in
    addition to funds otherwise available for such purposes.
        (c) For the purposes of funds appropriated by this Act, the term
    ``promotion of democracy'' means programs that support good governance,
    human rights, independent media, and the rule of law, and otherwise
    strengthen the capacity of democratic political parties, governments,
    nongovernmental organizations and institutions, and citizens to support
    the development of democratic states, institutions, and practices that
    are responsive and accountable to citizens.
        (d) <<NOTE: Contracts. Grants. Notification.>> Any contract, grant
    or cooperative agreement (or any amendment to any contract, grant, or
    cooperative agreement) in excess of $2,500,000 for the promotion of
    democracy under this Act shall be subject to the regular notification
    procedures of the Committees on Appropriations.

               international narcotics control and law enforcement

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961, $558,449,000, to remain available until
    September 30, 2010: Provided, <<NOTE: Notification.>> That during fiscal
    year 2008, the Department of State may also use the authority of section
    608 of the Foreign Assistance Act of 1961, without regard to its
    restrictions, to receive excess property from an agency of the United
    States Government for the purpose of providing it to a foreign country
    under chapter 8 of part I of that Act subject to the regular
    notification procedures of the Committees on Appropriations: Provided
    further, <<NOTE: Deadline. Reports.>> That the Secretary of State shall
    provide to the Committees on Appropriations not later than 45 days after
    the date of the enactment of this Act and prior to the initial
    obligation of funds appropriated under this heading, a report on the
    proposed uses of all funds under this heading on a country-by-country
    basis for each proposed program, project, or activity: Provided further,
    That none of the funds provided under this heading for counter narcotics
    activities in Afghanistan shall be made available for eradication
    programs through the aerial spraying of herbicides: Provided

    [[Page 121 STAT. 2304]]

    further, That of the funds appropriated under this heading, not less
    than $39,750,000 shall be made available for judicial, human rights,
    rule of law and related activities for Colombia, of which not less than
    $20,000,000 shall be made available for the Office of the Attorney
    General, of which $5,000,000 shall be for the Human Rights Unit,
    $5,000,000 shall be for the Justice and Peace Unit, $7,000,000 shall be
    used to support a witness protection program for victims of armed
    groups, and $3,000,000 shall be for investigations of mass graves and
    identification of remains: Provided further, That of the funds
    appropriated under this heading that are available for assistance for
    Colombia, $8,000,000 shall be available for human rights activities,
    $5,500,000 shall be available for judicial reform, $3,000,000 shall be
    for the Office of the Procuraduria General de la Nacion, $2,000,000
    shall be for the Office of the Defensoria del Pueblo, and $750,000
    should be made available for a United States contribution to the Office
    of the United Nations High Commissioner for Human Rights in Colombia to
    support monitoring and public reporting of human rights conditions in
    the field: Provided further, That of the funds appropriated under this
    heading, not more than $38,000,000 may be available for administrative
    expenses.

                           andean counterdrug programs

                          (including transfer of funds)

        For necessary expenses to carry out section 481 of the Foreign
    Assistance Act of 1961 to support counterdrug activities in the Andean
    region of South America, $327,460,000, to remain available until
    September 30, 2010: Provided, <<NOTE: Deadline. Reports.>> That the
    Secretary of State, in consultation with the Administrator of the United
    States Agency for International Development, shall provide to the
    Committees on Appropriations not later than 45 days after the date of
    the enactment of this Act and prior to the initial obligation of funds
    appropriated under this heading, a report on the proposed uses of all
    funds under this heading on a country-by-country basis for each proposed
    program, project, or activity: Provided further, That section 482(b) of
    the Foreign Assistance Act of 1961 shall not apply to funds appropriated
    under this heading: Provided further, That
    assistance <<NOTE: Notification.>> provided with funds appropriated
    under this heading that is made available notwithstanding section 482(b)
    of the Foreign Assistance Act of 1961 shall be made available subject to
    the regular notification procedures of the Committees on Appropriations:
    Provided further, That funds made available to the Department of State
    for assistance to the Government of Colombia in this Act may be used to
    support a unified campaign against narcotics trafficking and
    organizations designated as Foreign Terrorist Organizations, and to take
    actions to protect human health and welfare in emergency circumstances,
    including undertaking rescue operations: Provided further, That this
    authority shall cease to be effective if the Secretary of State has
    credible evidence that the Colombian Armed Forces are not conducting
    vigorous operations to restore government authority and respect for
    human rights in areas under the effective control of paramilitary
    organizations, illegal self-defense groups, illegal security
    cooperatives, or other criminal, guerrilla or successor armed groups or
    organizations: Provided
    further, <<NOTE: President. Helicopter. Columbia.>> That the President
    shall ensure that if any helicopter procured with funds in this Act or
    prior Acts making appropriations

    [[Page 121 STAT. 2305]]

    for foreign operations, export financing, and related programs, is used
    to aid or abet the operations of any illegal self-defense group,
    paramilitary organization, illegal security cooperative or successor
    organizations in Colombia, such helicopter shall be immediately returned
    to the United States: Provided further, That no United States Armed
    Forces personnel or United States civilian contractor employed by the
    United States will participate in any combat operation in connection
    with assistance made available by this Act for Colombia: Provided
    further, That rotary and fixed wing aircraft supported with funds
    appropriated under this heading for assistance for Colombia may be used
    for aerial or manual drug eradication and interdiction including to
    transport personnel and supplies and to provide security for such
    operations, and to provide transport in support of alternative
    development programs and investigations of cases under the jurisdiction
    of the Attorney General, the Procuraduria General de la Nacion, and the
    Defensoria del Pueblo: Provided further, That of the funds appropriated
    under this heading that are available for Colombia, up to $2,500,000
    shall be transferred to, and merged with, funds appropriated under the
    heading ``Foreign Military Financing Program'' and shall be made
    available only for assistance for the Colombian Armed Forces to provide
    security for manual eradication programs and up to $2,500,000 shall be
    transferred to, and merged with, funds appropriated under the heading
    ``International Narcotics Control and Law Enforcement'' and shall be
    made available only for assistance for the Colombian National Police to
    provide security for manual eradication programs: Provided
    further, <<NOTE: Certification.>> That of the funds available for the
    Colombian national police for the procurement of chemicals for aerial
    coca and poppy eradication programs, not more than 20 percent of such
    funds may be made available for such eradication programs unless the
    Secretary of State certifies to the Committees on Appropriations that:
    (1) the herbicide is being used in accordance with EPA label
    requirements for comparable use in the United States and with Colombian
    laws; and (2) the herbicide, in the manner it is being used, does not
    pose unreasonable risks or adverse effects to humans or the environment
    including endemic species: Provided further, That such
    funds <<NOTE: Certification.>> may not be made available unless the
    Secretary of State certifies to the Committees on Appropriations that
    complaints of harm to health or licit crops caused by such aerial
    eradication are thoroughly evaluated and fair compensation is being paid
    in a timely manner for <<NOTE: Reports.>> meritorious claims: Provided
    further, That the Secretary shall submit a report to the Committees on
    Appropriations detailing all claims, evaluations, and compensation paid
    during the twelve month period prior to the date of enactment of this
    Act: Provided further, That such funds may not be made available for
    such purposes unless programs are being implemented by United States
    Agency for International Development, the Government of Colombia, or
    other organizations, in consultation and coordination with local
    communities, to provide alternative sources of income in areas where
    security permits for small-acreage growers and communities whose illicit
    crops are targeted for aerial eradication: Provided further, That none
    of the funds appropriated by this Act shall be made available for the
    cultivation or processing of African oil palm, if doing so would
    contribute to significant loss of native species, disrupt or contaminate
    natural water sources, reduce local food security, or cause the forced
    displacement of local people: Provided
    further, <<NOTE: Certification.>> That funds appropriated by this

    [[Page 121 STAT. 2306]]

    Act may be used for aerial eradication in Colombia's national parks or
    reserves only if the Secretary of State certifies to the Committees on
    Appropriations on a case-by-case basis that there are no effective
    alternatives and the eradication is conducted in accordance with
    Colombian laws: Provided further, <<NOTE: Certification. Human
    rights.>> That funds appropriated under this heading that are made
    available for assistance for the Bolivian military and police may be
    made available for such purposes only if the Secretary of State
    certifies to the Committees on Appropriations that the Bolivian military
    and police are respecting human rights and cooperating fully with
    investigations and prosecutions by civilian judicial authorities of
    military and police personnel who have been implicated in gross
    violations of human rights: Provided further, That of the funds
    appropriated under this heading, not more than $17,000,000 may be
    available for administrative expenses of the Department of State, and
    not more than $7,800,000 may be available, in addition to amounts
    otherwise available for such purposes, for administrative expenses of
    the United States Agency for International Development.

                        migration and refugee assistance

        For expenses, not otherwise provided for, necessary to enable the
    Secretary of State to provide, as authorized by law, a contribution to
    the International Committee of the Red Cross, assistance to refugees,
    including contributions to the International Organization for Migration
    and the United Nations High Commissioner for Refugees, and other
    activities to meet refugee and migration needs; salaries and expenses of
    personnel and dependents as authorized by the Foreign Service Act of
    1980; allowances as authorized by sections 5921 through 5925 of title 5,
    United States Code; purchase and hire of passenger motor vehicles; and
    services as authorized by section 3109 of title 5, United States Code,
    $1,029,900,000, to remain available until expended: Provided, That not
    more than $23,000,000 may be available for administrative expenses:
    Provided further, That not less than $40,000,000 of the funds made
    available under this heading shall be made available for refugees
    resettling in Israel: Provided further, That funds made available under
    this heading shall be made available for assistance for refugees from
    North Korea: Provided further, That of the amount provided by this
    paragraph, $200,000,000 is designated as described in section 5 (in the
    matter preceding division A of this consolidated Act).

          united states emergency refugee and migration assistance fund

        For necessary expenses to carry out the provisions of section 2(c)
    of the Migration and Refugee Assistance Act of 1962, as amended (22
    U.S.C. 2601(c)), $45,000,000, to remain available until expended.

         nonproliferation, anti-terrorism, demining and related programs

        For necessary expenses for nonproliferation, anti-terrorism,
    demining and related programs and activities, $487,000,000, to carry out
    the provisions of chapter 8 of part II of the Foreign Assistance Act of
    1961 for anti-terrorism assistance, chapter 9 of

    [[Page 121 STAT. 2307]]

    part II of the Foreign Assistance Act of 1961, section 504 of the
    FREEDOM Support Act, section 23 of the Arms Export Control Act or the
    Foreign Assistance Act of 1961 for demining activities, the clearance of
    unexploded ordnance, the destruction of small arms, and related
    activities, notwithstanding any other provision of law, including
    activities implemented through nongovernmental and international
    organizations, and section 301 of the Foreign Assistance Act of 1961 for
    a voluntary contribution to the International Atomic Energy Agency
    (IAEA), and for a United States contribution to the Comprehensive
    Nuclear Test Ban Treaty Preparatory Commission: Provided, That of this
    amount not to exceed $34,000,000, to remain available until expended,
    may be made available for the Nonproliferation and Disarmament Fund,
    notwithstanding any other provision of law, to promote bilateral and
    multilateral activities relating to nonproliferation and disarmament:
    Provided further, That such funds may also be used for such countries
    other than the Independent States of the former Soviet Union and
    international organizations when it is in the national security interest
    of the United States to do so: Provided further, That of the funds
    appropriated under this heading, not less than $26,000,000 shall be made
    available for the Biosecurity Engagement Program: Provided
    further, <<NOTE: Reports.>> That funds appropriated under this heading
    may be made available for the International Atomic Energy Agency only if
    the Secretary of State determines (and so reports to the Congress) that
    Israel is not being denied its right to participate in the activities of
    that Agency: Provided further, That of the funds made available for
    demining and related activities, not to exceed $700,000, in addition to
    funds otherwise available for such purposes, may be used for
    administrative expenses related to the operation and management of the
    demining program: Provided further, That funds appropriated under this
    heading that are available for ``Anti-terrorism Assistance'' and
    ``Export Control and Border Security'' shall remain available until
    September 30, 2009.

                           Department of the Treasury

                   International Affairs Technical Assistance

        For necessary expenses to carry out the provisions of section 129 of
    the Foreign Assistance Act of 1961, $20,400,000, to remain available
    until September 30, 2010, which shall be available notwithstanding any
    other provision of law.

                               Debt Restructuring

        For the cost, as defined in section 502 of the Congressional Budget
    Act of 1974, of modifying loans and loan guarantees, as the President
    may determine, for which funds have been appropriated or otherwise made
    available for programs within the International Affairs Budget Function
    150, including the cost of selling, reducing, or canceling amounts owed
    to the United States as a result of concessional loans made to eligible
    countries, pursuant to parts IV and V of the Foreign Assistance Act of
    1961, of modifying concessional credit agreements with least developed
    countries, as authorized under section 411 of the Agricultural Trade
    Development and Assistance Act of 1954, as amended, of concessional
    loans, guarantees and credit agreements, as authorized under section

    [[Page 121 STAT. 2308]]

    572 of the Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1989 (Public Law 100-461), and of canceling amounts
    owed, as a result of loans or guarantees made pursuant to the Export-
    Import Bank Act of 1945, by countries that are eligible for debt
    reduction pursuant to title V of H.R. 3425 as enacted into law by
    section 1000(a)(5) of Public Law 106-113, $30,300,000, to remain
    available until September 30, 2010: Provided, That not less than
    $20,000,000 of the funds appropriated under this heading shall be made
    available to carry out the provisions of part V of the Foreign
    Assistance Act of 1961: Provided further, That amounts paid to the HIPC
    Trust Fund may be used only to fund debt reduction under the enhanced
    HIPC initiative by--
                (1) the Inter-American Development Bank;
                (2) the African Development Fund;
                (3) the African Development Bank; and
                (4) the Central American Bank for Economic Integration:

    Provided further, <<NOTE: Human rights.>> That funds may not be paid to
    the HIPC Trust Fund for the benefit of any country if the Secretary of
    State has credible evidence that the government of such country is
    engaged in a consistent pattern of gross violations of internationally
    recognized human rights or in military or civil conflict that undermines
    its ability to develop and implement measures to alleviate poverty and
    to devote adequate human and financial resources to that end: Provided
    further, That on the basis of final appropriations, the Secretary of the
    Treasury shall consult with the Committees on Appropriations concerning
    which countries and international financial institutions are expected to
    benefit from a United States contribution to the HIPC Trust Fund during
    the fiscal year: Provided further, That the Secretary of the Treasury
    shall inform the Committees on Appropriations not less than 15 days in
    advance of the signature of an agreement by the United States to make
    payments to the HIPC Trust Fund of amounts for such countries and
    institutions: Provided further, That the Secretary of the Treasury may
    disburse funds designated for debt reduction through the HIPC Trust Fund
    only for the benefit of countries that--
                (1) have committed, for a period of 24 months, not to accept
            new market-rate loans from the international financial
            institution receiving debt repayment as a result of such
            disbursement, other than loans made by such institutions to
            export-oriented commercial projects that generate foreign
            exchange which are generally referred to as ``enclave'' loans;
            and
                (2) have documented and demonstrated their commitment to
            redirect their budgetary resources from international debt
            repayments to programs to alleviate poverty and promote economic
            growth that are additional to or expand upon those previously
            available for such purposes:

    Provided further, That any limitation of subsection (e) of section 411
    of the Agricultural Trade Development and Assistance Act of 1954 shall
    not apply to funds appropriated under this heading: Provided
    further, <<NOTE: Notification.>> That none of the funds made available
    under this heading in this or any other appropriations Act shall be made
    available for Sudan or Burma unless the Secretary of the Treasury
    determines and notifies the Committees on Appropriations that a
    democratically elected government has taken office.

    [[Page 121 STAT. 2309]]

                                    TITLE IV

                               MILITARY ASSISTANCE

                       Funds Appropriated to the President

                  International Military Education and Training

        For necessary expenses to carry out the provisions of section 541 of
    the Foreign Assistance Act of 1961, $85,877,000, of which up to
    $3,000,000 may remain available until expended: Provided, That funds
    appropriated under this heading shall not be available for Equatorial
    Guinea: Provided further, That the civilian personnel for whom military
    education and training may be provided under this heading may include
    civilians who are not members of a government whose participation would
    contribute to improved civil-military relations, civilian control of the
    military, or respect for human rights: Provided further, That funds
    appropriated under this heading that are made available for assistance
    for Angola, Cameroon, Central African Republic, Chad, Cote d'Ivoire,
    Guinea, Libya, and Nepal may be made available only for expanded
    international military education and training: Provided
    further, <<NOTE: Notification.>> That funds made available under this
    heading in the second proviso and for assistance for Haiti, Guatemala,
    the Democratic Republic of the Congo, Sri Lanka, Ethiopia, Bangladesh,
    Libya, Angola, and Nigeria may only be provided through the regular
    notification procedures of the Committees on Appropriations and any such
    notification shall include a detailed description of proposed
    activities.

                       Foreign Military Financing Program

                          (including transfer of funds)

        For expenses necessary for grants to enable the President to carry
    out the provisions of section 23 of the Arms Export Control Act,
    $4,588,325,000: Provided, That of the funds appropriated under this
    heading, not less than $2,400,000,000 shall be available for grants only
    for Israel, and not less than $1,300,000,000 shall be made available for
    grants <<NOTE: Israel. Deadline.>> only for Egypt: Provided further,
    That the funds appropriated by this paragraph for Israel shall be
    disbursed within 30 days of the enactment of this Act: Provided further,
    That to the extent that the Government of Israel requests that funds be
    used for such purposes, grants made available for Israel by this
    paragraph shall, as agreed by Israel and the United States, be available
    for advanced weapons systems, of which not less than $631,200,000 shall
    be available for the procurement in Israel of defense articles and
    defense services, including research and development: Provided further,
    That of the funds appropriated by this paragraph, $300,000,000 shall be
    made available for assistance for Jordan: Provided further, That of the
    funds appropriated under this heading, not more than $53,000,000 shall
    be available for Colombia, of which $5,000,000 should be made available
    for medical and rehabilitation assistance, removal of landmines, and to
    enhance communications capabilities: Provided
    further, <<NOTE: Certification. Morocco. Human rights.>> That of the
    funds appropriated under this heading, $3,655,000 may be made available
    for assistance for Morocco, and an additional $1,000,000 may be made
    available if the Secretary of State certifies to the Committees

    [[Page 121 STAT. 2310]]

    on Appropriations that the Government of Morocco is continuing to make
    progress on human rights, and is allowing all persons to advocate freely
    their views regarding the status and future of the Western Sahara
    through the exercise of their rights to peaceful expression, association
    and assembly and to document violations of human rights in that
    territory without harassment: Provided further, That funds appropriated
    or otherwise made available by this paragraph shall be nonrepayable
    notwithstanding any requirement in section 23 of the Arms Export Control
    Act: Provided further, That funds made available under this paragraph
    shall be obligated upon apportionment in accordance with paragraph
    (5)(C) of title 31, United States Code, section 1501(a): Provided
    further, That $4,000,000 of the funds appropriated under this heading
    shall be transferred to and merged with funds appropriated under the
    heading ``Diplomatic and Consular Programs'' to be made available to the
    Bureau of Democracy, Human Rights and Labor, Department of State, to
    ensure adequate monitoring of the uses of assistance made available
    under this heading in countries where such monitoring is most needed, in
    addition to amounts otherwise available for such purposes.

        None of the funds made available under this heading shall be
    available to finance the procurement of defense articles, defense
    services, or design and construction services that are not sold by the
    United States Government under the Arms Export Control Act unless the
    foreign country proposing to make such procurements has first signed an
    agreement with the United States Government specifying the conditions
    under which such procurements may be financed with such funds:
    Provided, <<NOTE: Notification.>> That all country and funding level
    increases in allocations shall be submitted through the regular
    notification procedures of section 615 of this Act: Provided further,
    That none of the funds appropriated under this heading shall be
    available for assistance for Sudan: Provided further, That none of the
    funds appropriated under this heading may be made available for
    assistance for Haiti, Guatemala, Nepal, Sri Lanka, Pakistan, Bangladesh,
    Philippines, Indonesia, Bosnia and Herzegovina, Ethiopia, and Democratic
    Republic of the Congo except pursuant to the regular notification
    procedures of the Committees on Appropriations: Provided further, That
    funds made available under this heading may be used, notwithstanding any
    other provision of law, for demining, the clearance of unexploded
    ordnance, and related activities, and may include activities implemented
    through nongovernmental and international organizations: Provided
    further, That only those countries for which assistance was justified
    for the ``Foreign Military Sales Financing Program'' in the fiscal year
    1989 congressional presentation for security assistance programs may
    utilize funds made available under this heading for procurement of
    defense articles, defense services or design and construction services
    that are not sold by the United States Government under the Arms Export
    Control Act: Provided further, That funds appropriated under this
    heading shall be expended at the minimum rate necessary to make timely
    payment for defense articles and services: Provided further, That not
    more than $41,900,000 of the funds appropriated under this heading may
    be obligated for necessary expenses, including the purchase of passenger
    motor vehicles for replacement only for use outside of the United
    States, for the general costs of administering military assistance and
    sales: Provided further, That not more than $395,000,000 of funds
    realized

    [[Page 121 STAT. 2311]]

    pursuant to section 21(e)(1)(A) of the Arms Export Control Act may be
    obligated for expenses incurred by the Department of Defense during
    fiscal year 2008 pursuant to section 43(b) of the Arms Export Control
    Act, except that this limitation may be exceeded only through the
    regular notification procedures of the Committees on Appropriations:
    Provided further, <<NOTE: Egypt. Deadline.>> That foreign military
    financing program funds estimated to be outlayed for Egypt during fiscal
    year 2008 shall be transferred to an interest bearing account for Egypt
    in the Federal Reserve Bank of New York within 30 days of enactment of
    this Act: Provided further, That of the amount provided by this
    paragraph, $100,000,000 is designated as described in section 5 (in the
    matter preceding division A of this consolidated Act).

                             peacekeeping operations

        For necessary expenses to carry out the provisions of section 551 of
    the Foreign Assistance Act of 1961, $263,230,000: Provided, That of the
    funds made available under this heading, not less than $25,000,000 shall
    be made available for a United States contribution to the Multinational
    Force and Observers mission in the Sinai: Provided further, That none of
    the funds appropriated under this heading shall be obligated or expended
    except as provided through the regular notification procedures of the
    Committees on Appropriations: Provided further, That of the amount
    provided by this paragraph, $35,000,000 is designated as described in
    section 5 (in the matter preceding division A of this consolidated Act).

                                     TITLE V

                        MULTILATERAL ECONOMIC ASSISTANCE

                       Funds Appropriated to the President

                      International Financial Institutions

                           global environment facility

        For the United States contribution for the Global Environment
    Facility, $81,763,000 to the International Bank for Reconstruction and
    Development as trustee for the Global Environment Facility, by the
    Secretary of the Treasury, to remain available until expended.

            contribution to the international development association

        For payment to the International Development Association by the
    Secretary of the Treasury, $950,000,000, to remain available until
    expended.

    Contribution to the Enterprise for the Americas Multilateral Investment
                                      Fund

        For payment to the Enterprise for the Americas Multilateral
    Investment Fund by the Secretary of the Treasury, for the United States
    contribution to the fund, $25,000,000, to remain available until
    expended.

    [[Page 121 STAT. 2312]]

                   contribution to the asian development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the Asian Development Fund, as
    authorized by the Asian Development Bank Act, as amended, $75,153,000,
    to remain available until expended.

                  Contribution to the African Development Bank

        For payment to the African Development Bank by the Secretary of the
    Treasury, $2,037,000, for the United States paid-in share of the
    increase in capital stock, to remain available until expended.

                  limitation on callable capital subscriptions

        The United States Governor of the African Development Bank may
    subscribe without fiscal year limitation for the callable capital
    portion of the United States share of such capital stock in an amount
    not to exceed $31,918,770.

                  contribution to the african development fund

        For the United States contribution by the Secretary of the Treasury
    to the increase in resources of the African Development Fund,
    $135,684,000, to remain available until expended.

      Contribution to the European Bank for Reconstruction and Development

        For payment to the European Bank for Reconstruction and Development
    by the Secretary of the Treasury, $10,159 for the United States share of
    the paid-in portion of the increase in capital stock, to remain
    available until expended.

       contribution to the international fund for agricultural development

        For the United States contribution by the Secretary of the Treasury
    to increase the resources of the International Fund for Agricultural
    Development, $18,072,000, to remain available until expended.

                    international organizations and programs

        For necessary expenses to carry out the provisions of section 301 of
    the Foreign Assistance Act of 1961, and of section 2 of the United
    Nations Environment Program Participation Act of 1973, $319,485,000.

                                    TITLE VI

                               GENERAL PROVISIONS

      compensation for united states executive directors to international
                             financial institutions

        Sec. 601. (a) No funds appropriated in titles II through V of this
    Act may be made as payment to any international financial institution
    while the United States Executive Director to such institution is
    compensated by the institution at a rate which,

    [[Page 121 STAT. 2313]]

    together with whatever compensation such Director receives from the
    United States, is in excess of the rate provided for an individual
    occupying a position at level IV of the Executive Schedule under section
    5315 of title 5, United States Code, or while any alternate United
    States Director to such institution is compensated by the institution at
    a rate in excess of the rate provided for an individual occupying a
    position at level V of the Executive Schedule under section 5316 of
    title 5, United States Code.
        (b) For purposes of this section ``international financial
    institutions'' are: the International Bank for Reconstruction and
    Development, the Inter-American Development Bank, the Asian Development
    Bank, the Asian Development Fund, the African Development Bank, the
    African Development Fund, the International Monetary Fund, the North
    American Development Bank, and the European Bank for Reconstruction and
    Development.

               restriction on contributions to the united nations

        Sec. 602. None of the funds appropriated or otherwise made available
    under any title of this Act may be made available to make any assessed
    contribution or voluntary payment of the United States to the United
    Nations if the United Nations implements or imposes any taxation on any
    United States persons.

                        limitation on residence expenses

        Sec. 603. Of the funds appropriated or made available pursuant to
    title III of this Act, not to exceed $100,500 shall be for official
    residence expenses of the United States Agency for International
    Development during the current fiscal year: Provided, That appropriate
    steps shall be taken to assure that, to the maximum extent possible,
    United States-owned foreign currencies are utilized in lieu of dollars.

                           unobligated balances report

        Sec. 604. Any Department or Agency to which funds are appropriated
    or otherwise made available by this Act shall provide to the Committees
    on Appropriations a quarterly accounting of cumulative balances by
    program, project, and activity of the funds received by such Department
    or Agency in this fiscal year or any previous fiscal year that remain
    unobligated and unexpended.

                    limitation on representational allowances

        Sec. 605. Of the funds appropriated or made available pursuant to
    titles II through V of this Act, not to exceed $250,000 shall be
    available for representation and entertainment allowances, of which not
    to exceed $4,000 shall be available for entertainment allowances, for
    the United States Agency for International Development during the
    current fiscal year: Provided, That no such entertainment funds may be
    used for the purposes listed in section 648 of this Act: Provided
    further, That appropriate steps shall be taken to assure that, to the
    maximum extent possible, United States-owned foreign currencies are
    utilized in lieu of dollars: Provided further, That of the funds made
    available by this Act for general costs of administering military
    assistance and sales under the heading ``Foreign Military Financing
    Program'', not to exceed $4,000 shall be available for entertainment
    expenses and not to

    [[Page 121 STAT. 2314]]

    exceed $130,000 shall be available for representation allowances:
    Provided further, That of the funds made available by this Act under the
    heading ``International Military Education and Training'', not to exceed
    $55,000 shall be available for entertainment allowances: Provided
    further, That of the funds made available by this Act for the Inter-
    American Foundation, not to exceed $3,000 shall be available for
    entertainment and representation allowances: Provided further, That of
    the funds made available by this Act for the Peace Corps, not to exceed
    a total of $4,000 shall be available for entertainment expenses:
    Provided further, That of the funds made available by this Act under the
    heading ``Trade and Development Agency'', not to exceed $4,000 shall be
    available for representation and entertainment allowances: Provided
    further, That of the funds made available by this Act under the heading
    ``Millennium Challenge Corporation'', not to exceed $115,000 shall be
    available for representation and entertainment allowances.

               prohibition on taxation of united states assistance

        Sec. 606. (a) Prohibition <<NOTE: Negotiations.>> on Taxation.--None
    of the funds appropriated under titles II through V of this Act may be
    made available to provide assistance for a foreign country under a new
    bilateral agreement governing the terms and conditions under which such
    assistance is to be provided unless such agreement includes a provision
    stating that assistance provided by the United States shall be exempt
    from taxation, or reimbursed, by the foreign government, and the
    Secretary of State shall expeditiously seek to negotiate amendments to
    existing bilateral agreements, as necessary, to conform with this
    requirement.

        (b) Reimbursement of <<NOTE: Certification. Reports.>> Foreign
    Taxes.--An amount equivalent to 200 percent of the total taxes assessed
    during fiscal year 2008 on funds appropriated by this Act by a foreign
    government or entity against commodities financed under United States
    assistance programs for which funds are appropriated by this Act, either
    directly or through grantees, contractors and subcontractors shall be
    withheld from obligation from funds appropriated for assistance for
    fiscal year 2009 and allocated for the central government of such
    country and for the West Bank and Gaza Program to the extent that the
    Secretary of State certifies and reports in writing to the Committees on
    Appropriations that such taxes have not been reimbursed to the
    Government of the United States.

        (c) De Minimis Exception.--Foreign taxes of a de minimis nature
    shall not be subject to the provisions of subsection (b).
        (d) Reprogramming of Funds.--Funds withheld from obligation for each
    country or entity pursuant to subsection (b) shall be reprogrammed for
    assistance to countries which do not assess taxes on United States
    assistance or which have an effective arrangement that is providing
    substantial reimbursement of such taxes.
        (e) Determinations.--
                (1) The provisions of this section shall not apply to any
            country or entity the Secretary of State determines--
                        (A) does not assess taxes on United States
                    assistance or which has an effective arrangement that is
                    providing substantial reimbursement of such taxes; or
                        (B) the foreign policy interests of the United
                    States outweigh the policy of this section to ensure
                    that United States assistance is not subject to
                    taxation.

    [[Page 121 STAT. 2315]]

                (2) <<NOTE: Consultation. Deadline.>> The Secretary of State
            shall consult with the Committees on Appropriations at least 15
            days prior to exercising the authority of this subsection with
            regard to any country or entity.

        (f) Implementation.--The <<NOTE: Regulations.>> Secretary of State
    shall issue rules, regulations, or policy guidance, as appropriate, to
    implement the prohibition against the taxation of assistance contained
    in this section.

        (g) Definitions.--As used in this section--
                (1) the terms ``taxes'' and ``taxation'' refer to value
            added taxes and customs duties imposed on commodities financed
            with United States assistance for programs for which funds are
            appropriated by this Act; and
                (2) the term ``bilateral agreement'' refers to a framework
            bilateral agreement between the Government of the United States
            and the government of the country receiving assistance that
            describes the privileges and immunities applicable to United
            States foreign assistance for such country generally, or an
            individual agreement between the Government of the United States
            and such government that describes, among other things, the
            treatment for tax purposes that will be accorded the United
            States assistance provided under that agreement.

            prohibition against direct funding for certain countries

        Sec. 607. None of the funds appropriated or otherwise made available
    pursuant to this Act shall be obligated or expended to finance directly
    any assistance or reparations to Cuba, North Korea, Iran, or Syria:
    Provided, That for purposes of this section, the prohibition on
    obligations or expenditures shall include direct loans, credits,
    insurance and guarantees of the Export-Import Bank or its agents.

                                 military coups

        Sec. 608. None of the funds appropriated or otherwise made available
    pursuant to titles II through V of this Act shall be obligated or
    expended to finance directly any assistance to the government of any
    country whose duly elected head of government is deposed by military
    coup or decree: Provided, <<NOTE: President. Certification.>> That
    assistance may be resumed to such government if the President determines
    and certifies to the Committees on Appropriations that subsequent to the
    termination of assistance a democratically elected government has taken
    office: Provided further, That the provisions of this section shall not
    apply to assistance to promote democratic elections or public
    participation in democratic processes: Provided further, That funds made
    available pursuant to the previous provisos shall be subject to the
    regular notification procedures of the Committees on Appropriations.

                               transfer authority

        Sec. 609. (a) Department of State and Broadcasting Board of
    Governors.--Not to exceed 5 percent of any appropriation made available
    for the current fiscal year for the Department of State under title I of
    this Act may be transferred between such appropriations, but no such
    appropriation, except as otherwise specifically provided, shall be
    increased by more than 10 percent by any such

    [[Page 121 STAT. 2316]]

    transfers: Provided, That not to exceed 5 percent of any appropriation
    made available for the current fiscal year for the Broadcasting Board of
    Governors under title I of this Act may be transferred between such
    appropriations, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 10 percent by any
    such transfers: Provided further, That any transfer pursuant to this
    section shall be treated as a reprogramming of funds under section 615
    (a) and (b) of this Act and shall not be available for obligation or
    expenditure except in compliance with the procedures set forth in that
    section.
        (b) Export Financing Transfer Authorities.--Not to exceed 5 percent
    of any appropriation other than for administrative expenses made
    available for fiscal year 2008, for programs under title II of this Act
    may be transferred between such appropriations for use for any of the
    purposes, programs, and activities for which the funds in such receiving
    account may be used, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 25 percent by any
    such transfer: Provided, That the exercise of such authority shall be
    subject to the regular notification procedures of the Committees on
    Appropriations.
        (c)(1) Limitation on Transfers Between Agencies.--None of the funds
    made available under titles II through V of this Act may be transferred
    to any department, agency, or instrumentality of the United States
    Government, except pursuant to a transfer made by, or transfer authority
    provided in, this Act or any other appropriation Act.
        (2) Notwithstanding paragraph (1), in addition to transfers made by,
    or authorized elsewhere in, this Act, funds appropriated by this Act to
    carry out the purposes of the Foreign Assistance Act of 1961 may be
    allocated or transferred to agencies of the United States Government
    pursuant to the provisions of sections 109, 610, and 632 of the Foreign
    Assistance Act of 1961.
        (d) Transfers Between <<NOTE: President. Notification.>> Accounts.--
    None of the funds made available under titles II through V of this Act
    may be obligated under an appropriation account to which they were not
    appropriated, except for transfers specifically provided for in this
    Act, unless the President provides notification in accordance with the
    regular notification procedures of the Committees on Appropriations.

        (e) Audit of Inter-Agency Transfers.--Any agreement for the transfer
    or allocation of funds appropriated by this Act, or prior Acts, entered
    into between the United States Agency for International Development and
    another agency of the United States Government under the authority of
    section 632(a) of the Foreign Assistance Act of 1961 or any comparable
    provision of law, shall expressly provide that the Office of the
    Inspector General for the agency receiving the transfer or allocation of
    such funds shall perform periodic program and financial audits of the
    use of such funds: Provided, That funds transferred under such authority
    may be made available for the cost of such audits.

                     commercial leasing of defense articles

        Sec. 610. <<NOTE: President.>> Notwithstanding any other provision
    of law, and subject to the regular notification procedures of the
    Committees on Appropriations, the authority of section 23(a) of the Arms
    Export Control Act may be used to provide financing to Israel, Egypt and
    NATO and major non-NATO allies for the procurement by

    [[Page 121 STAT. 2317]]

    leasing (including leasing with an option to purchase) of defense
    articles from United States commercial suppliers, not including Major
    Defense Equipment (other than helicopters and other types of aircraft
    having possible civilian application), if the President determines that
    there are compelling foreign policy or national security reasons for
    those defense articles being provided by commercial lease rather than by
    government-to-government sale under such Act.

                              availability of funds

        Sec. 611. No part of any appropriation contained in this Act shall
    remain available for obligation after the expiration of the current
    fiscal year unless expressly so provided in this Act: Provided, That
    funds appropriated for the purposes of chapters 1, 8, 11, and 12 of part
    I, section 661, section 667, chapters 4, 5, 6, 8, and 9 of part II of
    the Foreign Assistance Act of 1961, section 23 of the Arms Export
    Control Act, and funds provided under the headings ``Assistance for
    Eastern Europe and the Baltic States'' and ``Development Credit
    Authority'', shall remain available for an additional 4 years from the
    date on which the availability of such funds would otherwise have
    expired, if such funds are initially obligated before the expiration of
    their respective periods of availability contained in this Act: Provided
    further, That, notwithstanding any other provision of this Act, any
    funds made available for the purposes of chapter 1 of part I and chapter
    4 of part II of the Foreign Assistance Act of 1961 which are allocated
    or obligated for cash disbursements in order to address balance of
    payments or economic policy reform objectives, shall remain available
    until expended.

                limitation on assistance to countries in default

        Sec. 612. <<NOTE: President.>> No part of any appropriation provided
    under titles II through V in this Act shall be used to furnish
    assistance to the government of any country which is in default during a
    period in excess of one calendar year in payment to the United States of
    principal or interest on any loan made to the government of such country
    by the United States pursuant to a program for which funds are
    appropriated under this Act unless the President determines, following
    consultations with the Committees on Appropriations, that assistance to
    such country is in the national interest of the United States.

                               commerce and trade

        Sec. 613. (a) None of the funds appropriated or made available
    pursuant to titles II through V of this Act for direct assistance and
    none of the funds otherwise made available to the Export-Import Bank and
    the Overseas Private Investment Corporation shall be obligated or
    expended to finance any loan, any assistance or any other financial
    commitments for establishing or expanding production of any commodity
    for export by any country other than the United States, if the commodity
    is likely to be in surplus on world markets at the time the resulting
    productive capacity is expected to become operative and if the
    assistance will cause substantial injury to United States producers of
    the same, similar, or competing commodity: Provided, That such
    prohibition shall not

    [[Page 121 STAT. 2318]]

    apply to the Export-Import Bank if in the judgment of its Board of
    Directors the benefits to industry and employment in the United States
    are likely to outweigh the injury to United States producers of the
    same, similar, or competing commodity, and the Chairman of the Board so
    notifies the Committees on Appropriations.
        (b) None of the funds appropriated by this or any other Act to carry
    out chapter 1 of part I of the Foreign Assistance Act of 1961 shall be
    available for any testing or breeding feasibility study, variety
    improvement or introduction, consultancy, publication, conference, or
    training in connection with the growth or production in a foreign
    country of an agricultural commodity for export which would compete with
    a similar commodity grown or produced in the United States: Provided,
    That this subsection shall not prohibit--
                (1) activities designed to increase food security in
            developing countries where such activities will not have a
            significant impact on the export of agricultural commodities of
            the United States; or
                (2) research activities intended primarily to benefit
            American producers.

                               surplus commodities

        Sec. 614. <<NOTE: 22 USC 262h note.>> The Secretary of the Treasury
    shall instruct the United States Executive Directors of the
    International Bank for Reconstruction and Development, the International
    Development Association, the International Finance Corporation, the
    Inter-American Development Bank, the International Monetary Fund, the
    Asian Development Bank, the Inter-American Investment Corporation, the
    North American Development Bank, the European Bank for Reconstruction
    and Development, the African Development Bank, and the African
    Development Fund to use the voice and vote of the United States to
    oppose any assistance by these institutions, using funds appropriated or
    made available pursuant to titles II through V of this Act, for the
    production or extraction of any commodity or mineral for export, if it
    is in surplus on world markets and if the assistance will cause
    substantial injury to United States producers of the same, similar, or
    competing commodity.

                     reprogramming notification requirements

        Sec. 615. (a) <<NOTE: Deadlines.>> None of the funds made available
    in title I of this Act, or in prior appropriations Acts to the agencies
    and departments funded by this Act that remain available for obligation
    or expenditure in fiscal year 2008, or provided from any accounts in the
    Treasury of the United States derived by the collection of fees or of
    currency reflows or other offsetting collections, or made available by
    transfer, to the agencies and departments funded by this Act, shall be
    available for obligation or expenditure through a reprogramming of funds
    that: (1) creates new programs; (2) eliminates a program, project, or
    activity; (3) increases funds or personnel by any means for any project
    or activity for which funds have been denied or restricted; (4)
    relocates an office or employees; (5) closes or opens a mission or post;
    (6) reorganizes or renames offices; (7) reorganizes programs or
    activities; or (8) contracts out or privatizes any functions or
    activities presently performed by Federal employees; unless the
    Committees on Appropriations are notified 15 days in advance of such
    reprogramming of funds.

    [[Page 121 STAT. 2319]]

        (b) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds provided under
    title I of this Act, or provided under previous appropriations Acts to
    the agencies or department funded under title I of this Act that remain
    available for obligation or expenditure in fiscal year 2008, or provided
    from any accounts in the Treasury of the United States derived by the
    collection of fees available to the agencies or department funded by
    title I of this Act, shall be available for obligation or expenditure
    for activities, programs, or projects through a reprogramming of funds
    in excess of $750,000 or 10 percent, whichever is less, that: (1)
    augments existing programs, projects, or activities; (2) reduces by 10
    percent funding for any existing program, project, or activity, or
    numbers of personnel by 10 percent as approved by Congress; or (3)
    results from any general savings, including savings from a reduction in
    personnel, which would result in a change in existing programs,
    activities, or projects as approved by Congress; unless the Committees
    on Appropriations are notified 15 days in advance of such reprogramming
    of funds.
        (c) For the purposes of providing the executive branch with the
    necessary administrative flexibility, none of the funds made available
    under titles II through V of this Act for ``Global Health and Child
    Survival'', ``Development Assistance'', ``International Organizations
    and Programs'', ``Trade and Development Agency'', ``International
    Narcotics Control and Law Enforcement'', ``Andean Counterdrug
    Programs'', ``Assistance for Eastern Europe and the Baltic States'',
    ``Assistance for the Independent States of the Former Soviet Union'',
    ``Economic Support Fund'', ``Democracy Fund'', ``Peacekeeping
    Operations'', ``Capital Investment Fund'', ``Operating Expenses of the
    United States Agency for International Development'', ``Operating
    Expenses of the United States Agency for International Development
    Office of Inspector General'', ``Nonproliferation, Anti-terrorism,
    Demining and Related Programs'', ``Millennium Challenge Corporation''
    (by country only), ``Foreign Military Financing Program'',
    ``International Military Education and Training'', ``Peace Corps'', and
    ``Migration and Refugee Assistance'', shall be available for obligation
    for activities, programs, projects, type of materiel assistance,
    countries, or other operations not justified or in excess of the amount
    justified to the Committees on Appropriations for obligation under any
    of these specific headings unless the Committees on Appropriations of
    both Houses of Congress are previously notified 15 days in advance:
    Provided, That the President shall not enter into any commitment of
    funds appropriated for the purposes of section 23 of the Arms Export
    Control Act for the provision of major defense equipment, other than
    conventional ammunition, or other major defense items defined to be
    aircraft, ships, missiles, or combat vehicles, not previously justified
    to Congress or 20 percent in excess of the quantities justified to
    Congress unless the Committees on Appropriations are notified 15 days in
    advance of such commitment: Provided further, That this subsection shall
    not apply to any reprogramming for an activity, program, or project for
    which funds are appropriated under titles III or IV of this Act of less
    than 10 percent of the amount previously justified to the Congress for
    obligation for such activity, program, or project for the current fiscal
    year.
        (d) The requirements of this section or any similar provision of
    this Act or any other Act, including any prior Act requiring

    [[Page 121 STAT. 2320]]

    notification in accordance with the regular notification procedures of
    the Committees on Appropriations, may be waived if failure to do so
    would pose a substantial risk to human health or welfare: Provided, That
    in case of any such waiver, notification to the Congress, or the
    appropriate congressional committees, shall be provided as early as
    practicable, but in no event later than 3 days after taking the action
    to which such notification requirement was applicable, in the context of
    the circumstances necessitating such waiver: Provided further, That any
    notification provided pursuant to such a waiver shall contain an
    explanation of the emergency circumstances.

    limitation on availability of funds for international organizations and
                                    programs

        Sec. 616. Subject to the regular notification procedures of the
    Committees on Appropriations, funds appropriated under titles II through
    V of this Act or any previously enacted Act making appropriations for
    foreign operations, export financing, and related programs, which are
    returned or not made available for organizations and programs because of
    the implementation of section 307(a) of the Foreign Assistance Act of
    1961, shall remain available for obligation until September 30, 2009:
    Provided, That section 307(a) of the Foreign Assistance Act of 1961
    is <<NOTE: 22 USC 2227.>> amended by striking ``Libya,''.

                  independent states of the former soviet union

        Sec. 617. (a) None of the funds appropriated under the heading
    ``Assistance for the Independent States of the Former Soviet Union''
    shall be made available for assistance for a government of an
    Independent State of the former Soviet Union if that government directs
    any action in violation of the territorial integrity or national
    sovereignty of any other Independent State of the former Soviet Union,
    such as those violations included in the Helsinki Final Act:
    Provided, <<NOTE: President.>> That such funds may be made available
    without regard to the restriction in this subsection if the President
    determines that to do so is in the national security interest of the
    United States.

        (b) None of the funds appropriated under the heading ``Assistance
    for the Independent States of the Former Soviet Union'' shall be made
    available for any state to enhance its military capability: Provided,
    That this restriction does not apply to demilitarization, demining or
    nonproliferation programs.
        (c) Funds appropriated under the heading ``Assistance for the
    Independent States of the Former Soviet Union'' for the Russian
    Federation, Armenia, Kazakhstan, and Uzbekistan shall be subject to the
    regular notification procedures of the Committees on Appropriations.
        (d) Funds made available in this Act for assistance for the
    Independent States of the former Soviet Union shall be subject to the
    provisions of section 117 (relating to environment and natural
    resources) of the Foreign Assistance Act of 1961.
        (e)(1) <<NOTE: President. Certification.>> Of the funds appropriated
    under the heading ``Assistance for the Independent States of the Former
    Soviet Union'' that are allocated for assistance for the Government of
    the Russian Federation, 60 percent shall be withheld from obligation
    until the President

    [[Page 121 STAT. 2321]]

    determines and certifies in writing to the Committees on Appropriations
    that the Government of the Russian Federation--
                (A) has terminated implementation of arrangements to provide
            Iran with technical expertise, training, technology, or
            equipment necessary to develop a nuclear reactor, related
            nuclear research facilities or programs, or ballistic missile
            capability; and
                (B) is providing full access to international non-government
            organizations providing humanitarian relief to refugees and
            internally displaced persons in Chechnya.

        (2) Paragraph (1) shall not apply to--
                (A) assistance to combat infectious diseases, child survival
            activities, or assistance for victims of trafficking in persons;
            and
                (B) activities authorized under title V (Nonproliferation
            and Disarmament Programs and Activities) of the FREEDOM Support
            Act.

        (f) Section 907 of the FREEDOM Support Act shall not apply to--
                (1) activities to support democracy or assistance under
            title V of the FREEDOM Support Act and section 1424 of Public
            Law 104-201 or non-proliferation assistance;
                (2) any assistance provided by the Trade and Development
            Agency under section 661 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2421);
                (3) any activity carried out by a member of the United
            States and Foreign Commercial Service while acting within his or
            her official capacity;
                (4) any insurance, reinsurance, guarantee or other
            assistance provided by the Overseas Private Investment
            Corporation under title IV of chapter 2 of part I of the Foreign
            Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
                (5) any financing provided under the Export-Import Bank Act
            of 1945; or
                (6) humanitarian assistance.

       prohibition on funding for abortions and involuntary sterilization

        Sec. 618. None of the funds made available to carry out part I of
    the Foreign Assistance Act of 1961, as amended, may be used to pay for
    the performance of abortions as a method of family planning or to
    motivate or coerce any person to practice abortions. None of the funds
    made available to carry out part I of the Foreign Assistance Act of
    1961, as amended, may be used to pay for the performance of involuntary
    sterilization as a method of family planning or to coerce or provide any
    financial incentive to any person to undergo sterilizations. None of the
    funds made available to carry out part I of the Foreign Assistance Act
    of 1961, as amended, may be used to pay for any biomedical research
    which relates in whole or in part, to methods of, or the performance of,
    abortions or involuntary sterilization as a means of family planning.
    None of the funds made available to carry out part I of the Foreign
    Assistance Act of 1961, as amended, may be obligated or expended for any
    country or organization if the President certifies that the use of these
    funds by any such country or organization would violate any of the above
    provisions related to abortions and involuntary sterilizations.

    [[Page 121 STAT. 2322]]

                                   allocations

        Sec. 619. (a) Funds provided in this Act for the following accounts
    shall be made available for programs and countries in the amounts
    contained in the respective tables included in the explanatory statement
    described in section 4 (in the matter preceding division A of this
    consolidated Act) accompanying this Act:
                ``Educational and Cultural Exchange Programs''.
                ``American Sections, International Commissions''.
                ``International Broadcasting Operations''.
                ``Global Health and Child Survival''.
                ``Economic Support Fund''.
                ``Assistance for Eastern Europe and the Baltic States''.
                ``Assistance for the Independent States of the Former Soviet
            Union''.
                ``Democracy Fund''.
                ``International Narcotics Control and Law Enforcement''.
                ``Andean Counterdrug Programs''.
                ``Nonproliferation, Anti-Terrorism, Demining and Related
            Programs''.
                ``Foreign Military Financing Program''.
                ``Peacekeeping Operations''.
                ``International Organizations and Programs''.

        (b) Any proposed increases or decreases to the amounts contained in
    such tables in the explanatory statement described in section 4 (in the
    matter preceding division A of this consolidated Act) shall be subject
    to the regular notification procedures of the Committees on
    Appropriations and section 634A of the Foreign Assistance Act of 1961.

                        special notification requirements

        Sec. 620. None of the funds appropriated under titles II through V
    of this Act shall be obligated or expended for assistance for Serbia,
    Sudan, Zimbabwe, Pakistan, Cuba, Iran, Haiti, Libya, Ethiopia, Mexico,
    Nepal, or Cambodia except as provided through the regular notification
    procedures of the Committees on Appropriations.

                  definition of program, project, and activity

        Sec. 621. <<NOTE: Reports. Deadline.>> For the purpose of titles II
    through V of this Act ``program, project, and activity'' shall be
    defined at the appropriations Act account level and shall include all
    appropriations and authorizations Acts funding directives, ceilings, and
    limitations with the exception that for the following accounts:
    ``Economic Support Fund'' and ``Foreign Military Financing Program'',
    ``program, project, and activity'' shall also be considered to include
    country, regional, and central program level funding within each such
    account; for the development assistance accounts of the United States
    Agency for International Development ``program, project, and activity''
    shall also be considered to include central, country, regional, and
    program level funding, either as: (1) justified to the Congress; or (2)
    allocated by the executive branch in accordance with a report, to be
    provided to the Committees on Appropriations within 30 days of the
    enactment of this Act, as required by section 653(a) of the Foreign
    Assistance Act of 1961.

    [[Page 121 STAT. 2323]]

                   global health and child survival activities

        Sec. 622. Up to $13,500,000 of the funds made available by this Act
    in title III for assistance under the heading ``Global Health and Child
    Survival'', may be used to reimburse United States Government agencies,
    agencies of State governments, institutions of higher learning, and
    private and voluntary organizations for the full cost of individuals
    (including for the personal services of such individuals) detailed or
    assigned to, or contracted by, as the case may be, the United States
    Agency for International Development for the purpose of carrying out
    activities under that heading: Provided, That up to $3,500,000 of the
    funds made available by this Act for assistance under the heading
    ``Development Assistance'' may be used to reimburse such agencies,
    institutions, and organizations for such costs of such individuals
    carrying out other development assistance activities: Provided further,
    That funds appropriated by titles III and IV of this Act that are made
    available for bilateral assistance for child survival activities or
    disease programs including activities relating to research on, and the
    prevention, treatment and control of, HIV/AIDS may be made available
    notwithstanding any other provision of law except for the provisions
    under the heading ``Global Health and Child Survival'' and the United
    States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
    2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided
    further, That of the funds appropriated under title III of this Act, not
    less than $461,000,000 shall be made available for family planning/
    reproductive health.

                                   afghanistan

        Sec. 623. Of the funds appropriated under titles III and IV of this
    Act, not less than $1,057,050,000 should be made available for
    assistance for Afghanistan: Provided, That of the funds made available
    pursuant to this section, $3,000,000 should be made available for
    reforestation activities: Provided further, That funds made available
    pursuant to the previous proviso should be matched, to the maximum
    extent possible, with contributions from American and Afghan businesses:
    Provided further, That of the funds allocated for assistance for
    Afghanistan from this Act not less than $75,000,000 shall be made
    available to support programs that directly address the needs of Afghan
    women and girls, including for the Afghan Independent Human Rights
    Commission, the Afghan Ministry of Women's Affairs, and for women-led
    nonprofit organizations in Afghanistan: Provided further, That of the
    funds appropriated by this Act that are available for Afghanistan,
    $20,000,000 should be made available through United States universities
    to develop agriculture extension services for Afghan farmers, $2,000,000
    should be made available for a United States contribution to the North
    Atlantic Treaty Organization/International Security Assistance Force
    Post-Operations Humanitarian Relief Fund, and not less than $10,000,000
    should be made available for continued support of the United States
    Agency for International Development's Afghan Civilian Assistance
    Program.

                    notification on excess defense equipment

        Sec. 624. Prior to providing excess Department of Defense articles
    in accordance with section 516(a) of the Foreign Assistance

    [[Page 121 STAT. 2324]]

    Act of 1961, the Department of Defense shall notify the Committees on
    Appropriations to the same extent and under the same conditions as are
    other committees pursuant to subsection (f) of that section: Provided,
    That before issuing a letter of offer to sell excess defense articles
    under the Arms Export Control Act, the Department of Defense shall
    notify the Committees on Appropriations in accordance with the regular
    notification procedures of such Committees if such defense articles are
    significant military equipment (as defined in section 47(9) of the Arms
    Export Control Act) or are valued (in terms of original acquisition
    cost) at $7,000,000 or more, or if notification is required elsewhere in
    this Act for the use of appropriated funds for specific countries that
    would receive such excess defense articles: Provided further, That such
    Committees shall also be informed of the original acquisition cost of
    such defense articles.

                             global fund management

        Sec. 625. (a) <<NOTE: Certification.>> Notwithstanding any other
    provision of this Act, 20 percent of the funds that are appropriated by
    this Act for a contribution to support the Global Fund to Fight AIDS,
    Tuberculosis and Malaria (the ``Global Fund'') shall be withheld from
    obligation to the Global Fund until the Secretary of State certifies to
    the Committees on Appropriations that the Global Fund--
                (1) is releasing incremental disbursements only if grantees
            demonstrate progress against clearly defined performance
            indicators;
                (2) is providing support and oversight to country-level
            entities, such as country coordinating mechanisms, principal
            recipients, and Local Fund Agents (LFAs), to enable them to
            fulfill their mandates;
                (3) has a full-time, professional, independent Office of
            Inspector General that is fully operational;
                (4) requires LFAs to assess whether a principal recipient
            has the capacity to oversee the activities of sub-recipients;
                (5) is making progress toward implementing a reporting
            system that breaks down grantee budget allocations by
            programmatic activity;
                (6) has adopted and is implementing a policy to publish on a
            publicly available website the reports of the Global Fund's
            Inspector General in a manner that is consistent with the Policy
            for Disclosure of Reports of the Inspector General as approved
            at the 16th Meeting of the Board of the Global Fund to Fight
            AIDS, Tuberculosis and Malaria; and
                (7) is tracking and encouraging the involvement of civil
            society, including faith-based organizations, in country
            coordinating mechanisms and program implementation.

        (b) <<NOTE: Reports. Deadline.>> The Secretary of State shall submit
    a report to the Committees on Appropriations not later than 120 days
    after enactment of this Act on the involvement of faith-based
    organizations in Global Fund programs. The report shall include--
                (1) on a country-by-country basis--
                        (A) a description of the amount of grants and sub-
                    grants provided to faith-based organizations; and
                        (B) a detailed description of the involvement of
                    faith-based organizations in the Country Coordinating
                    Mechanism (CCM) process of the Global Fund; and

    [[Page 121 STAT. 2325]]

                (2) a description of actions the Global Fund is taking to
            enhance the involvement of faith-based organizations in the CCM
            process, particularly in countries in which the involvement of
            faith-based organizations has been underrepresented.

           prohibition on bilateral assistance to terrorist countries

        Sec. 626. (a) <<NOTE: President.>> Funds appropriated for bilateral
    assistance under any heading of this Act and funds appropriated under
    any such heading in a provision of law enacted prior to the enactment of
    this Act, shall not be made available to any country which the President
    determines--
                (1) grants sanctuary from prosecution to any individual or
            group which has committed an act of international terrorism; or
                (2) otherwise supports international terrorism.

        (b) <<NOTE: Waiver authority.>> The President may waive the
    application of subsection (a) to a country if the President determines
    that national security or humanitarian reasons justify such
    waiver. <<NOTE: Federal
    Register, publication. Deadline. Notification.>> The President shall
    publish each waiver in the Federal Register and, at least 15 days before
    the waiver takes effect, shall notify the Committees on Appropriations
    of the waiver (including the justification for the waiver) in accordance
    with the regular notification procedures of the Committees on
    Appropriations.

                              debt-for-development

        Sec. 627. In order to enhance the continued participation of
    nongovernmental organizations in debt-for-development and debt-for-
    nature exchanges, a nongovernmental organization which is a grantee or
    contractor of the United States Agency for International Development may
    place in interest bearing accounts local currencies which accrue to that
    organization as a result of economic assistance provided under title III
    of this Act and, subject to the regular notification procedures of the
    Committees on Appropriations, any interest earned on such investment
    shall be used for the purpose for which the assistance was provided to
    that organization.

                                separate accounts

        Sec. 628. (a) Separate <<NOTE: 22 USC 2362 note.>> Accounts for
    Local Currencies.--
                (1) If assistance is furnished to the government of a
            foreign country under chapters 1 and 10 of part I or chapter 4
            of part II of the Foreign Assistance Act of 1961 under
            agreements which result in the generation of local currencies of
            that country, the Administrator of the United States Agency for
            International Development shall--
                        (A) require that local currencies be deposited in a
                    separate account established by that government;
                        (B) enter into an agreement with that government
                    which sets forth--
                              (i) the amount of the local currencies to be
                          generated; and
                              (ii) the terms and conditions under which the
                          currencies so deposited may be utilized,
                          consistent with this section; and

    [[Page 121 STAT. 2326]]

                        (C) establish by agreement with that government the
                    responsibilities of the United States Agency for
                    International Development and that government to monitor
                    and account for deposits into and disbursements from the
                    separate account.
                (2) Uses of local currencies.--As may be agreed upon with
            the foreign government, local currencies deposited in a separate
            account pursuant to subsection (a), or an equivalent amount of
            local currencies, shall be used only--
                        (A) to carry out chapter 1 or 10 of part I or
                    chapter 4 of part II (as the case may be), for such
                    purposes as--
                              (i) project and sector assistance activities;
                          or
                              (ii) debt and deficit financing; or
                        (B) for the administrative requirements of the
                    United States Government.
                (3) Programming accountability.--The United States Agency
            for International Development shall take all necessary steps to
            ensure that the equivalent of the local currencies disbursed
            pursuant to subsection (a)(2)(A) from the separate account
            established pursuant to subsection (a)(1) are used for the
            purposes agreed upon pursuant to subsection (a)(2).
                (4) Termination of assistance programs.--Upon termination of
            assistance to a country under chapter 1 or 10 of part I or
            chapter 4 of part II (as the case may be), any unencumbered
            balances of funds which remain in a separate account established
            pursuant to subsection (a) shall be disposed of for such
            purposes as may be agreed to by the government of that country
            and the United States Government.
                (5) Reporting requirement.--The Administrator of the United
            States Agency for International Development shall report on an
            annual basis as part of the justification documents submitted to
            the Committees on Appropriations on the use of local currencies
            for the administrative requirements of the United States
            Government as authorized in subsection (a)(2)(B), and such
            report shall include the amount of local currency (and United
            States dollar equivalent) used and/or to be used for such
            purpose in each applicable country.

        (b) Separate Accounts for Cash Transfers.--
                (1) If assistance is made available to the government of a
            foreign country, under chapter 1 or 10 of part I or chapter 4 of
            part II of the Foreign Assistance Act of 1961, as cash transfer
            assistance or as nonproject sector assistance, that country
            shall be required to maintain such funds in a separate account
            and not commingle them with any other funds.
                (2) Applicability of other provisions of law.--Such funds
            may be obligated and expended notwithstanding provisions of law
            which are inconsistent with the nature of this assistance
            including provisions which are referenced in the Joint
            Explanatory Statement of the Committee of Conference
            accompanying House Joint Resolution 648 (House Report No. 98-
            1159).
                (3) Notification.--At <<NOTE: President.>> least 15 days
            prior to obligating any such cash transfer or nonproject sector
            assistance, the President shall submit a notification through
            the regular notification procedures of the Committees on
            Appropriations, which shall include a detailed description of
            how the funds proposed to be made available will be used, with a
            discussion

    [[Page 121 STAT. 2327]]

            of the United States interests that will be served by the
            assistance (including, as appropriate, a description of the
            economic policy reforms that will be promoted by such
            assistance).
                (4) Exemption.--Nonproject sector assistance funds may be
            exempt from the requirements of subsection (b)(1) only through
            the notification procedures of the Committees on Appropriations.

                          enterprise fund restrictions

        Sec. 629. (a) Prior to the distribution of any assets resulting from
    any liquidation, dissolution, or winding up of an Enterprise Fund, in
    whole or in part, the President shall submit to the Committees on
    Appropriations, in accordance with the regular notification procedures
    of the Committees on Appropriations, a plan for the distribution of the
    assets of the Enterprise Fund.
        (b) Funds made available under titles II through V of this Act for
    Enterprise Funds shall be expended at the minimum rate necessary to make
    timely payment for projects and activities.

                           financial market assistance

        Sec. 630. Of the funds appropriated by this Act under the headings
    ``Trade and Development Agency'', ``Development Assistance'',
    ``Transition Initiatives'', ``Economic Support Fund'', ``International
    Affairs Technical Assistance'', ``Assistance for the Independent States
    of the Former Soviet Union'', ``Nonproliferation, Anti-Terrorism,
    Demining and Related Programs'', and ``Assistance for Eastern Europe and
    Baltic States'', not less than $40,000,000 should be made available for
    building capital markets and financial systems in countries eligible to
    receive United States assistance.

     authorities for the peace corps, inter-american foundation and african
                             development foundation

        Sec. 631. Unless expressly provided to the contrary, provisions of
    this or any other Act, including provisions contained in prior Acts
    authorizing or making appropriations for foreign operations, export
    financing, and related programs, shall not be construed to prohibit
    activities authorized by or conducted under the Peace Corps Act, the
    Inter-American Foundation Act or the African Development Foundation
    Act. <<NOTE: Reports.>> The agency shall promptly report to the
    Committees on Appropriations whenever it is conducting activities or is
    proposing to conduct activities in a country for which assistance is
    prohibited.

                       impact on jobs in the united states

        Sec. 632. None of the funds appropriated under titles II through V
    of this Act may be obligated or expended to provide--
                (1) any financial incentive to a business enterprise
            currently located in the United States for the purpose of
            inducing such an enterprise to relocate outside the United
            States if such incentive or inducement is likely to reduce the
            number of employees of such business enterprise in the United
            States because United States production is being replaced by
            such enterprise outside the United States; or
                (2) assistance for any program, project, or activity that
            contributes to the violation of internationally recognized

    [[Page 121 STAT. 2328]]

            workers rights, as defined in section 507(4) of the Trade Act of
            1974, of workers in the recipient country, including any
            designated zone or area in that country: Provided, That the
            application of section 507(4)(D) and (E) of such Act should be
            commensurate with the level of development of the recipient
            country and sector, and shall not preclude assistance for the
            informal sector in such country, micro and small-scale
            enterprise, and smallholder agriculture.

                        COMPREHENSIVE EXPENDITURES REPORT

        Sec. 633. Not later than 180 days after the date of enactment of
    this Act, the Secretary of State shall submit a report to the Committees
    on Appropriations detailing the total amount of United States Government
    expenditures in fiscal years 2005 and 2006, by Federal agency, for
    programs and activities in each foreign country, identifying the line
    item as presented in the President's Budget Appendix and the purpose for
    which the funds were provided: Provided, That if required, information
    may be submitted in classified form.

                               special authorities

        Sec. 634. (a) Afghanistan, Iraq, Pakistan, Lebanon, Montenegro,
    Victims of War, Displaced Children, and Displaced Burmese.--Funds
    appropriated under titles II through V of this Act that are made
    available for assistance for Afghanistan may be made available
    notwithstanding section 612 of this Act or any similar provision of law
    and section 660 of the Foreign Assistance Act of 1961, and funds
    appropriated in titles II and III of this Act that are made available
    for Iraq, Lebanon, Montenegro, Pakistan, and for victims of war,
    displaced children, and displaced Burmese, and to assist victims of
    trafficking in persons and, subject to the regular notification
    procedures of the Committees on Appropriations, to combat such
    trafficking, may be made available notwithstanding any other provision
    of law.
        (b) Tropical Forestry and Biodiversity Conservation Activities.--
    Funds appropriated by this Act to carry out the provisions of sections
    103 through 106, and chapter 4 of part II, of the Foreign Assistance Act
    of 1961 may be used, notwithstanding any other provision of law, for the
    purpose of supporting tropical forestry and biodiversity conservation
    activities and energy programs aimed at reducing greenhouse gas
    emissions: Provided, That such assistance shall be subject to sections
    116, 502B, and 620A of the Foreign Assistance Act of 1961.
        (c) Personal Services Contractors.--Funds appropriated by this Act
    to carry out chapter 1 of part I, chapter 4 of part II, and section 667
    of the Foreign Assistance Act of 1961, and title II of the Agricultural
    Trade Development and Assistance Act of 1954, may be used by the United
    States Agency for International Development to employ up to 25 personal
    services contractors in the United States, notwithstanding any other
    provision of law, for the purpose of providing direct, interim support
    for new or expanded overseas programs and activities managed by the
    agency until permanent direct hire personnel are hired and trained:
    Provided, That not more than 10 of such contractors shall be assigned to
    any bureau or office: Provided further, That such funds appropriated to
    carry out title II of the Agricultural Trade Development

    [[Page 121 STAT. 2329]]

    and Assistance Act of 1954, may be made available only for personal
    services contractors assigned to the Office of Food for Peace.
        (d)(1) Waiver.--The <<NOTE: President. Certification.>> President
    may waive the provisions of section 1003 of Public Law 100-204 if the
    President determines and certifies in writing to the Speaker of the
    House of Representatives and the President pro tempore of the Senate
    that it is important to the national security interests of the United
    States.

        (2) Period of Application of Waiver.--Any waiver pursuant to
    paragraph (1) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (e) Small Business.--In entering into multiple award indefinite-
    quantity contracts with funds appropriated by this Act, the United
    States Agency for International Development may provide an exception to
    the fair opportunity process for placing task orders under such
    contracts when the order is placed with any category of small or small
    disadvantaged business.
        (f) Vietnamese Refugees.--Section 594(a) of the Foreign Operations,
    Export Financing, and Related Programs Appropriations Act, 2005 (enacted
    as division D of Public Law 108-447; 118 Stat. 3038) is amended by
    striking ``2007'' and inserting ``2009''.
        (g) Reconstituting Civilian Police Authority.--In providing
    assistance with funds appropriated by this Act under section 660(b)(6)
    of the Foreign Assistance Act of 1961, support for a nation emerging
    from instability may be deemed to mean support for regional, district,
    municipal, or other sub-national entity emerging from instability, as
    well as a nation emerging from instability.
        (h) China Programs.--Notwithstanding any other provision of law, of
    the funds appropriated under the heading ``Development Assistance'' in
    this Act, not less than $10,000,000 shall be made available to United
    States educational institutions and nongovernmental organizations for
    programs and activities in the People's Republic of China relating to
    the environment, democracy, and the rule of law: Provided, That funds
    made available pursuant to this authority shall be subject to the
    regular notification procedures of the Committees on Appropriations.
        (i) Middle East Foundation.--Funds appropriated by this Act and
    prior Acts for a Middle East Foundation shall be subject to the regular
    notification procedures of the Committees on Appropriations.
        (j) Extension of Authority.--Section 1365(c) of the National Defense
    Authorization Act for Fiscal Year 1993 (Public Law 102-484; 22 U.S.C.
    2778 note) is amended by striking ``During the 16 year period beginning
    on October 23, 1992'' and inserting ``During the 22 year period
    beginning on October 23, 1992'' before the period at the end.
        (k) Extension of Authority.--The Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1990 (Public Law
    101-167) is amended--
                (1) in section 599D (8 U.S.C. 1157 note)--
                        (A) in subsection (b)(3), by striking ``and 2007''
                    and inserting ``2007, and 2008''; and
                        (B) in subsection (e), by striking ``2007'' each
                    place it appears and inserting ``2008''; and
                (2) in section 599E (8 U.S.C. 1255 note) in subsection
            (b)(2), by striking ``2007'' and inserting ``2008''.

    [[Page 121 STAT. 2330]]

        (l) World Food Program.--Of the funds managed by the Bureau for
    Democracy, Conflict, and Humanitarian Assistance of the United States
    Agency for International Development, from this or any other Act, not
    less than $10,000,000 shall be made available as a general contribution
    to the World Food Program, notwithstanding any other provision of law.
        (m) Capital Security Cost-Sharing.--Notwithstanding any other
    provision of law, of the funds appropriated under the heading ``Embassy
    Security, Construction, and Maintenance'', not less than $2,000,000
    shall be made available for the Capital Security Cost-Sharing fees of
    the Library of Congress.
        (n) Disarmament, Demobilization and Reintegration.--Notwithstanding
    any other provision of law, regulation or Executive order, funds
    appropriated by this Act and prior Acts making appropriations for
    foreign operations, export financing, and related programs under the
    headings ``Economic Support Fund'', ``Peacekeeping Operations'',
    ``International Disaster Assistance'', and ``Transition Initiatives''
    should be made available to support programs to disarm, demobilize, and
    reintegrate into civilian society former members of foreign terrorist
    organizations: Provided, That the Secretary of State shall consult with
    the Committees on Appropriations prior to the obligation of funds
    pursuant to this subsection: Provided further, That for the purposes of
    this subsection, ``International Disaster Assistance'' may also mean
    ``International Disaster and Famine Assistance'': Provided further, That
    for the purposes of this subsection the term ``foreign terrorist
    organization'' means an organization designated as a terrorist
    organization under section 219 of the Immigration and Nationality Act.
        (o) Nongovernmental Organizations.--With respect to the provision of
    assistance for democracy, human rights and governance activities, the
    organizations implementing such assistance and the specific nature of
    that assistance shall not be subject to the prior approval by the
    government of any foreign country.
        (p) Prison Conditions.--Funds appropriated by this Act to carry out
    the provisions of chapters 1 and 11 of part I and chapter 4 of part II
    of the Foreign Assistance Act of 1961, and the Support for East European
    Democracy (SEED) Act of 1989, may be used to provide assistance to
    improve conditions in prison facilities administered by foreign
    governments, including among other things, activities to improve prison
    sanitation and ensure the availability of adequate food, drinking water
    and medical care for prisoners: Provided, That assistance made available
    under this subsection may be made available notwithstanding section 660
    of the Foreign Assistance Act of 1961, and subject to the regular
    notification procedures of the Committees on Appropriations.
        (q) Program for Research and Training on Eastern Europe and the
    Independent States of the Former Soviet Union.--Of the funds
    appropriated by this Act under the heading, ``Economic Support Fund'',
    not less than $5,000,000 shall be made available to carry out the
    Program for Research and Training on Eastern Europe and the Independent
    States of the Former Soviet Union (title VIII) as authorized by the
    Soviet-Eastern European Research and Training Act of 1983 (22 U.S.C.
    4501-4508, as amended).
        (r) Broadcasting Board of Governors Authority.--Section 504(c) of
    the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law
    107-228; 22 U.S.C. 6206 note) is amended by striking ``December 31,
    2007'' and inserting ``December 31, 2008''.

    [[Page 121 STAT. 2331]]

        (s) Transatlantic Legislators' Dialogue Authority.--Section 109(c)
    of Public Law 98-164 <<NOTE: 22 USC 276l note.>> is amended by striking
    ``$50,000'' and inserting ``$100,000''.

        (t) OPIC Authority.--Notwithstanding <<NOTE: 22 USC 2194
    note.>> section 235(a)(2) of the Foreign Assistance Act of 1961 (22
    U.S.C. 2195(a)(2)), the authority of subsections (a) through (c) of
    section 234 of such Act shall remain in effect through April 1, 2008.

                          arab league boycott of israel

        Sec. 635. It is the sense of the Congress that--
                (1) the Arab League boycott of Israel, and the secondary
            boycott of American firms that have commercial ties with Israel,
            is an impediment to peace in the region and to United States
            investment and trade in the Middle East and North Africa;
                (2) the Arab League boycott, which was regrettably
            reinstated in 1997, should be immediately and publicly
            terminated, and the Central Office for the Boycott of Israel
            immediately disbanded;
                (3) all Arab League states should normalize relations with
            their neighbor Israel;
                (4) the President and the Secretary of State should continue
            to vigorously oppose the Arab League boycott of Israel and find
            concrete steps to demonstrate that opposition by, for example,
            taking into consideration the participation of any recipient
            country in the boycott when determining to sell weapons to said
            country; and
                (5) the President should report to Congress annually on
            specific steps being taken by the United States to encourage
            Arab League states to normalize their relations with Israel to
            bring about the termination of the Arab League boycott of
            Israel, including those to encourage allies and trading partners
            of the United States to enact laws prohibiting businesses from
            complying with the boycott and penalizing businesses that do
            comply.

                           eligibility for assistance

        Sec. 636. (a) Assistance Through Nongovernmental Organizations.--
    Restrictions contained under titles II through V of this or any other
    Act with respect to assistance for a country shall not be construed to
    restrict assistance in support of programs of nongovernmental
    organizations from funds appropriated by this Act to carry out the
    provisions of chapters 1, 10, 11, and 12 of part I and chapter 4 of part
    II of the Foreign Assistance Act of 1961, and from funds appropriated
    under the heading ``Assistance for Eastern Europe and the Baltic
    States'': Provided, <<NOTE: President. Notification.>> That before using
    the authority of this subsection to furnish assistance in support of
    programs of nongovernmental organizations, the President shall notify
    the Committees on Appropriations under the regular notification
    procedures of those committees, including a description of the program
    to be assisted, the assistance to be provided, and the reasons for
    furnishing such assistance: Provided further, That nothing in this
    subsection shall be construed to alter any existing statutory
    prohibitions against abortion or involuntary sterilizations contained in
    this or any other Act.

        (b) Public Law 480.--During fiscal year 2008, restrictions contained
    in this or any other Act with respect to assistance for

    [[Page 121 STAT. 2332]]

    a country shall not be construed to restrict assistance under the
    Agricultural Trade Development and Assistance Act of 1954: Provided,
    That none of the funds appropriated to carry out title I of such Act and
    made available pursuant to this subsection may be obligated or expended
    except as provided through the regular notification procedures of the
    Committees on Appropriations.
        (c) Exception.--This section shall not apply--
                (1) with respect to section 620A of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to countries that support international terrorism; or
                (2) with respect to section 116 of the Foreign Assistance
            Act of 1961 or any comparable provision of law prohibiting
            assistance to the government of a country that violates
            internationally recognized human rights.

                              reservations of funds

        Sec. 637. (a) Funds appropriated under titles II through V of this
    Act which are specifically designated may be reprogrammed for other
    programs within the same account notwithstanding the designation if
    compliance with the designation is made impossible by operation of any
    provision of this or any other Act: Provided, That any such
    reprogramming shall be subject to the regular notification procedures of
    the Committees on Appropriations: Provided further, That assistance that
    is reprogrammed pursuant to this subsection shall be made available
    under the same terms and conditions as originally provided.
        (b) In addition to the authority contained in subsection (a), the
    original period of availability of funds appropriated by this Act and
    administered by the United States Agency for International Development
    that are specifically designated for particular programs or activities
    by this or any other Act shall be extended for an additional fiscal year
    if the Administrator of such agency determines and reports promptly to
    the Committees on Appropriations that the termination of assistance to a
    country or a significant change in circumstances makes it unlikely that
    such designated funds can be obligated during the original period of
    availability: Provided, That such designated funds that are continued
    available for an additional fiscal year shall be obligated only for the
    purpose of such designation.
        (c) Ceilings and specifically designated funding levels contained in
    this Act shall not be applicable to funds or authorities appropriated or
    otherwise made available by any subsequent Act unless such Act
    specifically so directs. Specifically designated funding levels or
    minimum funding requirements contained in any other Act shall not be
    applicable to funds appropriated by this Act.

                                      ASIA

        Sec. 638. (a) Funding Levels.--Of the funds appropriated by this Act
    under the headings ``Global Health and Child Survival'' and
    ``Development Assistance'', not less than the amount of funds initially
    allocated for each such account pursuant to subsection 653(a) of the
    Foreign Assistance Act of 1961 for fiscal year 2007 shall be made
    available for Cambodia, Philippines, Vietnam, Asia and Near East
    Regional, and Regional Development Mission/Asia: Provided, That for the
    purposes of this subsection, ``Global Health

    [[Page 121 STAT. 2333]]

    and Child Survival'' shall mean ``Child Survival and Health Programs
    Fund''.
        (b) Burma.--
                (1) <<NOTE: 50 USC 1701 note.>> The Secretary of the
            Treasury shall instruct the United States executive director to
            each appropriate international financial institution in which
            the United States participates, to oppose and vote against the
            extension by such institution any loan or financial or technical
            assistance or any other utilization of funds of the respective
            bank to and for Burma.
                (2) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'', not less than $13,000,000 shall be
            made available to support democracy activities in Burma, along
            the Burma-Thailand border, for activities of Burmese student
            groups and other organizations located outside Burma, and for
            the purpose of supporting the provision of humanitarian
            assistance to displaced Burmese along Burma's borders: Provided,
            That such funds may be made available notwithstanding any other
            provision of law: Provided further, That in addition to
            assistance for Burmese refugees provided under the heading
            ``Migration and Refugee Assistance'' in this Act, not less than
            $3,000,000 shall be made available for community-based
            organizations operating in Thailand to provide food, medical and
            other humanitarian assistance to internally displaced persons in
            eastern Burma: Provided further, That funds made available under
            this paragraph shall be subject to the regular notification
            procedures of the Committees on Appropriations.

        (c) Tibet.--
                (1) The Secretary of the Treasury should instruct the United
            States executive director to each international financial
            institution to use the voice and vote of the United States to
            support projects in Tibet if such projects do not provide
            incentives for the migration and settlement of non-Tibetans into
            Tibet or facilitate the transfer of ownership of Tibetan land
            and natural resources to non-Tibetans; are based on a thorough
            needs-assessment; foster self-sufficiency of the Tibetan people
            and respect Tibetan culture and traditions; and are subject to
            effective monitoring.
                (2) Notwithstanding any other provision of law, not less
            than $5,000,000 of the funds appropriated by this Act under the
            heading ``Economic Support Fund'' should be made available to
            nongovernmental organizations to support activities which
            preserve cultural traditions and promote sustainable development
            and environmental conservation in Tibetan communities in the
            Tibetan Autonomous Region and in other Tibetan communities in
            China, and not less than $250,000 should be made available to
            the National Endowment for Democracy for human rights and
            democracy programs relating to Tibet.

                     prohibition on publicity or propaganda

        Sec. 639. No part of any appropriation contained in this Act shall
    be used for publicity or propaganda purposes within the United States
    not authorized before the date of the enactment of this Act by the
    Congress: Provided, That not to exceed $25,000 may be made available to
    carry out the provisions of section 316 of Public Law 96-533.

    [[Page 121 STAT. 2334]]

                prohibition of payments to united nations members

        Sec. 640. None of the funds appropriated or made available pursuant
    to titles II through V of this Act for carrying out the Foreign
    Assistance Act of 1961, may be used to pay in whole or in part any
    assessments, arrearages, or dues of any member of the United Nations or,
    from funds appropriated by this Act to carry out chapter 1 of part I of
    the Foreign Assistance Act of 1961, the costs for participation of
    another country's delegation at international conferences held under the
    auspices of multilateral or international organizations.

                             requests for documents

        Sec. 641. None of the funds appropriated or made available pursuant
    to titles II through V of this Act shall be available to a
    nongovernmental organization, including any contractor, which fails to
    provide upon timely request any document, file, or record necessary to
    the auditing requirements of the United States Agency for International
    Development.

      prohibition on assistance to foreign governments that export lethal
       military equipment to countries supporting international terrorism

        Sec. 642. (a) None of the funds appropriated or otherwise made
    available by titles II through V of this Act may be available to any
    foreign government which provides lethal military equipment to a country
    the government of which the Secretary of State has determined is a
    terrorist government for purposes of section 6(j) of the Export
    Administration Act of 1979. <<NOTE: Termination date.>> The prohibition
    under this section with respect to a foreign government shall terminate
    12 months after that government ceases to provide such military
    equipment. <<NOTE: Applicability.>> This section applies with respect to
    lethal military equipment provided under a contract entered into after
    October 1, 1997.

        (b) Assistance restricted by subsection (a) or any other similar
    provision of law, may be furnished if the President determines that
    furnishing such assistance is important to the national interests of the
    United States.
        (c) <<NOTE: President. Reports.>> Whenever the President makes a
    determination pursuant to subsection (b), the President shall submit to
    the appropriate congressional committees a report with respect to the
    furnishing of such assistance. Any such report shall include a detailed
    explanation of the assistance to be provided, including the estimated
    dollar amount of such assistance, and an explanation of how the
    assistance furthers United States national interests.

    withholding of assistance for parking fines and real property taxes owed
                              by foreign countries

        Sec. 643. (a) <<NOTE: Certification.>> Subject to subsection (c), of
    the funds appropriated under titles II through V by this Act that are
    made available for assistance for a foreign country, an amount equal to
    110 percent of the total amount of the unpaid fully adjudicated parking
    fines and penalties and unpaid property taxes owed by the central
    government of such country shall be withheld from obligation for
    assistance for the central government of such country until the
    Secretary of State submits a certification to the Committees on
    Appropriations

    [[Page 121 STAT. 2335]]

    stating that such parking fines and penalties and unpaid property taxes
    are fully paid.

        (b) Funds withheld from obligation pursuant to subsection (a) may be
    made available for other programs or activities funded by this Act,
    after consultation with and subject to the regular notification
    procedures of the Committees on Appropriations, provided that no such
    funds shall be made available for assistance for the central government
    of a foreign country that has not paid the total amount of the fully
    adjudicated parking fines and penalties and unpaid property taxes owed
    by such country.
        (c) Subsection (a) shall not include amounts that have been withheld
    under any other provision of law.
        (d)(1) <<NOTE: Waiver authority. Deadline.>> The Secretary of State
    may waive the requirements set forth in subsection (a) with respect to
    parking fines and penalties no sooner than 60 days from the date of
    enactment of this Act, or at any time with respect to a particular
    country, if the Secretary determines that it is in the national
    interests of the United States to do so.

        (2) The Secretary of State may waive the requirements set forth in
    subsection (a) with respect to the unpaid property taxes if the
    Secretary of State determines that it is in the national interests of
    the United States to do so.
        (e) <<NOTE: Deadline. Reports. New York.>> Not later than 6 months
    after the initial exercise of the waiver authority in subsection (d),
    the Secretary of State, after consultations with the City of New York,
    shall submit a report to the Committees on Appropriations describing a
    strategy, including a timetable and steps currently being taken, to
    collect the parking fines and penalties and unpaid property taxes and
    interest owed by nations receiving foreign assistance under this Act.

        (f) In this section:
                (1) The term ``fully adjudicated'' includes circumstances in
            which the person to whom the vehicle is registered--
                        (A)(i) has not responded to the parking violation
                    summons; or
                        (ii) has not followed the appropriate adjudication
                    procedure to challenge the summons; and
                        (B) the period of time for payment of or challenge
                    to the summons has lapsed.
                (2) The term ``parking fines and penalties'' means parking
            fines and penalties--
                        (A) owed to--
                              (i) the District of Columbia; or
                              (ii) New York, New York; and
                        (B) incurred during the period April 1, 1997,
                    through September 30, 2007.
                (3) The term ``unpaid property taxes'' means the amount of
            unpaid taxes and interest determined to be owed by a foreign
            country on real property in the District of Columbia or New
            York, New York in a court order or judgment entered against such
            country by a court of the United States or any State or
            subdivision thereof.

         limitation on assistance for the plo for the west bank and gaza

        Sec. 644. None of the funds appropriated under titles II through V
    of this Act may be obligated for assistance for the Palestine

    [[Page 121 STAT. 2336]]

    Liberation Organization for the West Bank and Gaza unless the President
    has exercised the authority under section 604(a) of the Middle East
    Peace Facilitation Act of 1995 (title VI of Public Law 104-107) or any
    other legislation to suspend or make inapplicable section 307 of the
    Foreign Assistance Act of 1961 and that suspension is still in effect:
    Provided, That if the President fails to make the certification under
    section 604(b)(2) of the Middle East Peace Facilitation Act of 1995 or
    to suspend the prohibition under other legislation, funds appropriated
    by this Act may not be obligated for assistance for the Palestine
    Liberation Organization for the West Bank and Gaza.

                          war crimes tribunals drawdown

        Sec. 645. If the President determines that doing so will contribute
    to a just resolution of charges regarding genocide or other violations
    of international humanitarian law, the President may direct a drawdown
    pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up
    to $30,000,000 of commodities and services for the United Nations War
    Crimes Tribunal established with regard to the former Yugoslavia by the
    United Nations Security Council or such other tribunals or commissions
    as the Council may establish or authorize to deal with such violations,
    without regard to the ceiling limitation contained in paragraph (2)
    thereof: Provided, That the determination required under this section
    shall be in lieu of any determinations otherwise required under section
    552(c): Provided further, That funds made available for tribunals other
    than Yugoslavia, Rwanda, or the Special Court for Sierra Leone shall be
    made available subject to the regular notification procedures of the
    Committees on Appropriations.

                         landmines and cluster munitions

        Sec. 646. (a) Landmines.--Notwithstanding any other provision of
    law, demining equipment available to the United States Agency for
    International Development and the Department of State and used in
    support of the clearance of landmines and unexploded ordnance for
    humanitarian purposes may be disposed of on a grant basis in foreign
    countries, subject to such terms and conditions as the President may
    prescribe.
        (b) Cluster Munitions.--During the current fiscal year, no military
    assistance shall be furnished for cluster munitions, no defense export
    license for cluster munitions may be issued, and no cluster munitions or
    cluster munitions technology shall be sold or transferred, unless--
                (1) the submunitions of the cluster munitions have a 99
            percent or higher tested rate; and
                (2) the agreement applicable to the assistance, transfer, or
            sale of the cluster munitions or cluster munitions technology
            specifies that the cluster munitions will only be used against
            clearly defined military targets and will not be used where
            civilians are known to be present.

                restrictions concerning the palestinian authority

        Sec. 647. None of the funds appropriated under titles II through V
    of this Act may be obligated or expended to create in any part of
    Jerusalem a new office of any department or agency of the

    [[Page 121 STAT. 2337]]

    United States Government for the purpose of conducting official United
    States Government business with the Palestinian Authority over Gaza and
    Jericho or any successor Palestinian governing entity provided for in
    the Israel-PLO Declaration of Principles: Provided, That this
    restriction shall not apply to the acquisition of additional space for
    the existing Consulate General in Jerusalem: Provided further, That
    meetings between officers and employees of the United States and
    officials of the Palestinian Authority, or any successor Palestinian
    governing entity provided for in the Israel-PLO Declaration of
    Principles, for the purpose of conducting official United States
    Government business with such authority should continue to take place in
    locations other than Jerusalem. As has been true in the past, officers
    and employees of the United States Government may continue to meet in
    Jerusalem on other subjects with Palestinians (including those who now
    occupy positions in the Palestinian Authority), have social contacts,
    and have incidental discussions.

                   prohibition of payment of certain expenses

        Sec. 648. None of the funds appropriated or otherwise made available
    under titles III or IV of this Act under the heading ``International
    Military Education and Training'' or ``Foreign Military Financing
    Program'' for Informational Program activities or under the headings
    ``Global Health and Child Survival'', ``Development Assistance'', and
    ``Economic Support Fund'' may be obligated or expended to pay for--
                (1) alcoholic beverages; or
                (2) entertainment expenses for activities that are
            substantially of a recreational character, including but not
            limited to entrance fees at sporting events, theatrical and
            musical productions, and amusement parks.

                                    colombia

        Sec. 649. (a) Assistance for Colombia.--Of the funds appropriated in
    titles III and IV of this Act, not more than $545,608,000 shall be
    available for assistance for Colombia.
        (b) Funding Amounts and Notification.--Funds appropriated by this
    Act that are available for assistance for Colombia shall be made
    available in the amounts indicated in the table in the accompanying
    explanatory statement described in section 4 (in the matter preceding
    division A of this consolidated Act) and any proposed increases or
    decreases to the amounts contained in such table shall be subject to the
    regular notification procedures of the Committees on Appropriations.
        (c) Assistance for the Colombian Armed Forces.--
                (1) Funding.--Funds appropriated by this Act that are
            available for assistance for the Colombian Armed Forces, may be
            made available as follows:
                        (A) Up to 70 percent of such funds may be obligated
                    prior to the certification and report by the Secretary
                    of State pursuant to subparagraph (B).
                        (B) <<NOTE: Certification. Reports.>> Up to 15
                    percent of such funds may be obligated only after the
                    Secretary of State consults with, and subsequently
                    certifies and submits a written report to, the
                    Committees on Appropriations that the Government of
                    Colombia is meeting the requirements described in
                    paragraph (2).

    [[Page 121 STAT. 2338]]

                (2) Requirements.--The requirements referred to in paragraph
            (1) are as follows:
                        (A) The Commander General of the Colombian Armed
                    Forces is suspending or placing on administrative duty,
                    if requested by the prosecutor, those members of the
                    Armed Forces, of whatever rank, who, according to the
                    Minister of Defense, the Attorney General or the
                    Procuraduria General de la Nacion, have been credibly
                    alleged to have committed gross violations of human
                    rights, including extra-judicial killings, or to have
                    aided or abetted paramilitary organizations or successor
                    armed groups.
                        (B) The Government of Colombia is investigating and
                    prosecuting, in the civilian justice system, those
                    members of the Colombian Armed Forces, of whatever rank,
                    who have been credibly alleged to have committed gross
                    violations of human rights, including extra-judicial
                    killings, or to have aided or abetted paramilitary
                    organizations or successor armed groups.
                        (C) The Colombian Armed Forces are cooperating fully
                    with civilian prosecutors and judicial authorities in
                    such cases (including providing requested information,
                    such as the identity of persons suspended from the Armed
                    Forces and the nature and cause of the suspension, and
                    access to witnesses, relevant military documents, and
                    other requested information).
                        (D) The Colombian Armed Forces have taken all
                    necessary steps to sever links (including denying access
                    to military intelligence, vehicles, and other equipment
                    or supplies, and ceasing other forms of active or tacit
                    cooperation) at all levels, with paramilitary
                    organizations or successor armed groups, especially in
                    regions where such organizations have a significant
                    presence.
                        (E) The Government of Colombia is dismantling
                    paramilitary leadership and financial networks by
                    arresting and prosecuting under civilian criminal law
                    individuals who have provided financial, planning, or
                    logistical support, or have otherwise aided or abetted
                    paramilitary organizations or successor armed groups; by
                    identifying and seizing land and other assets illegally
                    acquired by such organizations or their associates and
                    returning such land or assets to their rightful
                    occupants or owners; by revoking reduced sentences for
                    demobilized paramilitaries who engage in new criminal
                    activity; and by arresting and prosecuting under
                    civilian criminal law, and when requested, promptly
                    extraditing to the United States members of successor
                    armed groups.
                        (F) The Government of Colombia is ensuring that the
                    Colombian Armed Forces are not violating the land and
                    property rights of Colombia's indigenous and Afro-
                    Colombian communities, and that the Colombian Armed
                    Forces are implementing procedures to distinguish
                    between civilians, including displaced persons, and
                    combatants in their operations.
                (3) <<NOTE: Deadline. Certification.>> The balance of such
            funds may be obligated after July 31, 2008, if, before such
            date, the Secretary of State consults with, and submits a
            written certification to, the Committees

    [[Page 121 STAT. 2339]]

            on Appropriations that the Colombian Armed Forces are continuing
            to meet the requirements described in paragraph (2) and are
            conducting vigorous operations to restore civilian government
            authority and respect for human rights in areas under the
            effective control of paramilitary organizations or successor
            armed groups and guerrilla organizations.
                (4) Certain funds exempted.--The requirement to withhold
            funds from obligation shall not apply with respect to funds made
            available under the heading ``Andean Counterdrug Programs'' for
            continued support for the Critical Flight Safety Program or for
            any alternative development programs in Colombia administered by
            the Bureau of International Narcotics and Law Enforcement
            Affairs of the Department of State.
                (5) Report.--At the time the Secretary of State submits
            certifications pursuant to paragraphs (1)(B) and (3) of this
            subsection, the Secretary shall also submit to the Committees on
            Appropriations a report that contains, with respect to each such
            paragraph, a detailed description of the specific actions taken
            by both the Colombian Government and Colombian Armed Forces
            which support each requirement of the certification, and the
            cases or issues brought to the attention of the Secretary,
            including through the Department of State's annual Country
            Reports on Human Rights Practices, for which the actions taken
            by the Colombian Government or Armed Forces have been determined
            by the Secretary of State to be inadequate.

        (d) Consultative Process.--Not <<NOTE: Deadlines.>> later than 60
    days after the date of enactment of this Act, and every 90 days
    thereafter until September 30, 2008, the Secretary of State shall
    consult with Colombian and internationally recognized human rights
    organizations regarding progress in meeting the requirements contained
    in subsection (c)(2).

        (e) Assistance for Demobilization and Disarmament of Former
    Combatants in Colombia.--
                (1) Availability of funds.--Of the funds appropriated in
            this Act under the heading ``Economic Support Fund'', up to
            $11,442,000 may be made available in fiscal year 2008 for
            assistance for the disarmament, demobilization, and
            reintegration of former members of foreign terrorist
            organizations (FTOs) in Colombia, if the Secretary of State
            consults with and makes a certification described in paragraph
            (2) to the Committees on Appropriations prior to the initial
            obligation of amounts for such assistance for the fiscal year
            involved.
                (2) Certification.--A certification described in this
            subsection is a certification that--
                        (A) assistance for the fiscal year will be provided
                    only for individuals who have: (i) verifiably renounced
                    and terminated any affiliation or involvement with FTOs
                    or other illegal armed groups; (ii) are meeting all the
                    requirements of the Colombia demobilization program,
                    including having disclosed their involvement in past
                    crimes and their knowledge of the FTO's structure,
                    financing sources, illegal assets, and the location of
                    kidnapping victims and bodies of the disappeared; and
                    (iii) are not involved in acts of intimidation or
                    violence;
                        (B) the Government of Colombia is providing full
                    cooperation to the Government of the United States to

    [[Page 121 STAT. 2340]]

                    extradite the leaders and members of the FTOs who have
                    been indicted in the United States for murder,
                    kidnapping, narcotics trafficking, or other violations
                    of United States law, and is extraditing to the United
                    States those commanders, leaders and members indicted in
                    the United States who have breached the terms of the
                    Colombian demobilization program, including by failing
                    to fully confess their crimes, failing to disclose their
                    illegal assets, or committing new crimes since the
                    approval of the Justice and Peace Law;
                        (C) the Government of Colombia is not knowingly
                    taking any steps to legalize the titles of land or other
                    assets illegally obtained and held by FTOs, their
                    associates, or successors, has established effective
                    procedures to identify such land and other assets, and
                    is seizing and returning such land and other assets to
                    their rightful occupants or owners;
                        (D) the Government of Colombia is implementing a
                    concrete and workable framework for dismantling the
                    organizational structures of foreign terrorist
                    organizations; and
                        (E) funds shall not be made available as cash
                    payments to individuals and are available only for
                    activities under the following categories: verification,
                    reintegration (including training and education),
                    vetting, recovery of assets for reparations for victims,
                    and investigations and prosecutions.

        (f) Illegal Armed Groups.--
                (1) Denial of visas to supporters of colombian illegal armed
            groups.--Subject to paragraph (2), the Secretary of State shall
            not issue a visa to any alien who the Secretary determines,
            based on credible evidence--
                        (A) has willfully provided any support to the
                    Revolutionary Armed Forces of Colombia (FARC), the
                    National Liberation Army (ELN), the United Self-Defense
                    Forces of Colombia (AUC), or successor armed groups,
                    including taking actions or failing to take actions
                    which allow, facilitate, or otherwise foster the
                    activities of such groups; or
                        (B) has committed, ordered, incited, assisted, or
                    otherwise participated in the commission of a gross
                    violation of human rights, including extra-judicial
                    killings, in Colombia.
                (2) Waiver.--Paragraph (1) shall not apply if the Secretary
            of State certifies to the Committees on Appropriations, on a
            case-by-case basis, that the issuance of a visa to the alien is
            necessary to support the peace process in Colombia or for urgent
            humanitarian reasons.

        (g) Definitions.--In this section:
                (1) Aided or abetted.--The term ``aided or abetted'' means
            to provide any support to paramilitary or successor armed
            groups, including taking actions which allow, facilitate, or
            otherwise foster the activities of such groups.
                (2) Paramilitary groups.--The term ``paramilitary groups''
            means illegal self-defense groups and illegal security
            cooperatives, including those groups and cooperatives that have
            formerly demobilized but continue illegal operations, as well as
            parts thereof.

    [[Page 121 STAT. 2341]]

                (3) Foreign terrorist organization.--The term ``foreign
            terrorist organization'' means an organization designated as a
            terrorist organization under section 219 of the Immigration and
            Nationality Act.

              limitation on assistance to the palestinian authority

        Sec. 650. (a) Prohibition of Funds.--None of the funds appropriated
    by this Act to carry out the provisions of chapter 4 of part II of the
    Foreign Assistance Act of 1961 may be obligated or expended with respect
    to providing funds to the Palestinian Authority.
        (b) Waiver.--The <<NOTE: President. Certification.>> prohibition
    included in subsection (a) shall not apply if the President certifies in
    writing to the Speaker of the House of Representatives, the President
    pro tempore of the Senate, and the Committees on Appropriations that
    waiving such prohibition is important to the national security interests
    of the United States.

        (c) Period of Application of Waiver.--Any waiver pursuant to
    subsection (b) shall be effective for no more than a period of 6 months
    at a time and shall not apply beyond 12 months after the enactment of
    this Act.
        (d) Report.--Whenever <<NOTE: President.>> the waiver authority
    pursuant to subsection (b) is exercised, the President shall submit a
    report to the Committees on Appropriations detailing the justification
    for the waiver, the purposes for which the funds will be spent, and the
    accounting procedures in place to ensure that the funds are properly
    disbursed. The report shall also detail the steps the Palestinian
    Authority has taken to arrest terrorists, confiscate weapons and
    dismantle the terrorist infrastructure.

                   limitation on assistance to security forces

        Sec. 651. Chapter 1 of part III of the Foreign Assistance Act of
    1961 is amended by adding the following section:

    ``SEC. 620J. <<NOTE: 22 USC 2378d.>> LIMITATION ON ASSISTANCE TO
                SECURITY FORCES.

        ``(a) In General.--No assistance shall be furnished under this Act
    or the Arms Export Control Act to any unit of the security forces of a
    foreign country if the Secretary of State has credible evidence that
    such unit has committed gross violations of human rights.
        ``(b) Exception.--The prohibition in subsection (a) shall not apply
    if the Secretary determines and reports to the Committee on Foreign
    Relations of the Senate, the Committee on Foreign Affairs of the House
    of Representatives, and the Committees on Appropriations that the
    government of such country is taking effective measures to bring the
    responsible members of the security forces unit to justice.
        ``(c) Duty to Inform.--In the event that funds are withheld from any
    unit pursuant to this section, the Secretary of State shall promptly
    inform the foreign government of the basis for such action and shall, to
    the maximum extent practicable, assist the foreign government in taking
    effective measures to bring the responsible members of the security
    forces to justice.''.

    [[Page 121 STAT. 2342]]

                        foreign military training report

        Sec. 652. The annual foreign military training report required by
    section 656 of the Foreign Assistance Act of 1961 shall be submitted by
    the Secretary of Defense and the Secretary of State to the Committees on
    Appropriations by the date specified in that section.

                            authorization requirement

        Sec. 653. Funds appropriated by this Act, except funds appropriated
    under the headings ``Trade and Development Agency'' and ``Overseas
    Private Investment Corporation'', may be obligated and expended
    notwithstanding section 10 of Public Law 91-672 and section 15 of the
    State Department Basic Authorities Act of 1956.

                                      libya

        Sec. 654. (a) None of the funds appropriated or otherwise made
    available by this Act shall be obligated or expended to finance directly
    any assistance for Libya.
        (b) <<NOTE: Certification.>> The prohibition of subsection (a) shall
    no longer apply if the Secretary of State certifies to the Committees on
    Appropriations that the Government of Libya has made the final
    settlement payments to the Pan Am 103 victims' families, paid to the
    LaBelle Disco bombing victims the agreed upon settlement amounts, and is
    engaging in good faith settlement discussions regarding other relevant
    terrorism cases.

        (c) <<NOTE: Deadline. Reports.>> Not later than 180 days after
    enactment of this Act, the Secretary shall submit a report to the
    Committees on Appropriations describing (1) actions taken by the
    Department of State to facilitate a resolution of these cases; and (2)
    United States commercial activities in Libya's energy sector.

                              palestinian statehood

        Sec. 655. (a) Limitation <<NOTE: Certification.>> on Assistance.--
    None of the funds appropriated under titles II through V of this Act may
    be provided to support a Palestinian state unless the Secretary of State
    determines and certifies to the appropriate congressional committees
    that--
                (1) the governing entity of a new Palestinian state--
                        (A) has demonstrated a firm commitment to peaceful
                    co-existence with the State of Israel;
                        (B) is taking appropriate measures to counter
                    terrorism and terrorist financing in the West Bank and
                    Gaza, including the dismantling of terrorist
                    infrastructures, and is cooperating with appropriate
                    Israeli and other appropriate security organizations;
                    and
                (2) the Palestinian Authority (or the governing entity of a
            new Palestinian state) is working with other countries in the
            region to vigorously pursue efforts to establish a just,
            lasting, and comprehensive peace in the Middle East that will
            enable Israel and an independent Palestinian state to exist
            within the context of full and normal relationships, which
            should include--
                        (A) termination of all claims or states of
                    belligerency;
                        (B) respect for and acknowledgement of the
                    sovereignty, territorial integrity, and political
                    independence

    [[Page 121 STAT. 2343]]

                    of every state in the area through measures including
                    the establishment of demilitarized zones;
                        (C) their right to live in peace within secure and
                    recognized boundaries free from threats or acts of
                    force;
                        (D) freedom of navigation through international
                    waterways in the area; and
                        (E) a framework for achieving a just settlement of
                    the refugee problem.

        (b) Sense of Congress.--It is the sense of Congress that the
    governing entity should enact a constitution assuring the rule of law,
    an independent judiciary, and respect for human rights for its citizens,
    and should enact other laws and regulations assuring transparent and
    accountable governance.
        (c) Waiver.--The <<NOTE: President.>> President may waive subsection
    (a) if he determines that it is important to the national security
    interests of the United States to do so.

        (d) Exemption.--The restriction in subsection (a) shall not apply to
    assistance intended to help reform the Palestinian Authority and
    affiliated institutions, or the governing entity, in order to help meet
    the requirements of subsection (a), consistent with the provisions of
    section 650 of this Act (``Limitation on Assistance to the Palestinian
    Authority'').

      prohibition on assistance to the palestinian broadcasting corporation

        Sec. 656. None of the funds appropriated or otherwise made available
    by this Act may be used to provide equipment, technical support,
    consulting services, or any other form of assistance to the Palestinian
    Broadcasting Corporation.

                          west bank and gaza assistance

        Sec. 657. (a) Oversight.--
    For <<NOTE: Deadline. Certification.>> fiscal year 2008, 30 days prior
    to the initial obligation of funds for the bilateral West Bank and Gaza
    Program, the Secretary of State shall certify to the Committees on
    Appropriations that procedures have been established to assure the
    Comptroller General of the United States will have access to appropriate
    United States financial information in order to review the uses of
    United States assistance for the Program funded under the heading
    ``Economic Support Fund'' for the West Bank and Gaza.

        (b) Vetting.--Prior to the obligation of funds appropriated by this
    Act under the heading ``Economic Support Fund'' for assistance for the
    West Bank and Gaza, the Secretary of State shall take all appropriate
    steps to ensure that such assistance is not provided to or through any
    individual, private or government entity, or educational institution
    that the Secretary knows or has reason to believe advocates, plans,
    sponsors, engages in, or has engaged in, terrorist activity nor, with
    respect to private entities or educational institutions, those that have
    as a principal officer of the entity's governing board or governing
    board of trustees any individual that has been determined to be involved
    in, or advocating terrorist activity or determined to be a member of a
    designated foreign terrorist organization. <<NOTE: Procedures.>> The
    Secretary of State shall, as appropriate, establish procedures
    specifying the steps to be taken in carrying out this subsection and
    shall terminate assistance to any

    [[Page 121 STAT. 2344]]

    individual, entity, or educational institution which she has determined
    to be involved in or advocating terrorist activity.

        (c) Prohibition.--
                (1) None of the funds appropriated under titles II through V
            of this Act for assistance under the West Bank and Gaza Program
            may be made available for the purpose of recognizing or
            otherwise honoring individuals who commit, or have committed
            acts of terrorism.
                (2) <<NOTE: Reports.>> Notwithstanding any other provision
            of law, none of the funds made available by this or prior
            appropriations act, including funds made available by transfer,
            may be made available for obligation for security assistance for
            the West Bank and Gaza until the Secretary of State reports to
            the Committees on Appropriations on the benchmarks that have
            been established for security assistance for the West Bank and
            Gaza and reports on the extent of Palestinian compliance with
            such benchmarks.

        (d) Audits.--
                (1) The Administrator of the United States Agency for
            International Development shall ensure that Federal or non-
            Federal audits of all contractors and grantees, and significant
            subcontractors and sub-grantees, under the West Bank and Gaza
            Program, are conducted at least on an annual basis to ensure,
            among other things, compliance with this section.
                (2) Of the funds appropriated by this Act up to $500,000 may
            be used by the Office of the Inspector General of the United
            States Agency for International Development for audits,
            inspections, and other activities in furtherance of the
            requirements of this subsection. Such funds are in addition to
            funds otherwise available for such purposes.

        (e) Subsequent to the certification specified in subsection (a), the
    Comptroller General of the United States shall conduct an audit and an
    investigation of the treatment, handling, and uses of all funds for the
    bilateral West Bank and Gaza Program in fiscal year 2008 under the
    heading ``Economic Support Fund''. The audit shall address--
                (1) the extent to which such Program complies with the
            requirements of subsections (b) and (c), and
                (2) an examination of all programs, projects, and activities
            carried out under such Program, including both obligations and
            expenditures.

        (f) <<NOTE: Deadline. Reports.>> Not later than 180 days after
    enactment of this Act, the Secretary of State shall submit a report to
    the Committees on Appropriations updating the report contained in
    section 2106 of chapter 2 of title II of Public Law 109-13.

                                  war criminals

        Sec. 658. (a)(1) None of the funds appropriated or otherwise made
    available under titles II through V of this Act may be made available
    for assistance, and the Secretary of the Treasury shall instruct the
    United States Executive Director at each international financial
    institution to vote against any new project involving the extension by
    such institutions of any financial or technical assistance, to any
    country, entity, or municipality whose competent authorities have
    failed, as determined by the Secretary of State,

    [[Page 121 STAT. 2345]]

    to take necessary and significant steps to implement its international
    legal obligations to apprehend and transfer to the International
    Criminal Tribunal for the former Yugoslavia (the ``Tribunal'') all
    persons in their territory who have been indicted by the Tribunal and to
    otherwise cooperate with the Tribunal.
        (2) The provisions of this subsection shall not apply to
    humanitarian assistance or assistance for democratization.
        (b) <<NOTE: Applicability. Reports.>> The provisions of subsection
    (a) shall apply unless the Secretary of State determines and reports to
    the appropriate congressional committees that the competent authorities
    of such country, entity, or municipality are--
                (1) cooperating with the Tribunal, including access for
            investigators to archives and witnesses, the provision of
            documents, and the surrender and transfer of indictees or
            assistance in their apprehension; and
                (2) are acting consistently with the Dayton Accords.

        (c) <<NOTE: Deadline. Submission.>> Not less than 10 days before any
    vote in an international financial institution regarding the extension
    of any new project involving financial or technical assistance or grants
    to any country or entity described in subsection (a), the Secretary of
    the Treasury, in consultation with the Secretary of State, shall provide
    to the Committees on Appropriations a written justification for the
    proposed assistance, including an explanation of the United States
    position regarding any such vote, as well as a description of the
    location of the proposed assistance by municipality, its purpose, and
    its intended beneficiaries.

        (d) In carrying out this section, the Secretary of State, the
    Administrator of the United States Agency for International Development,
    and the Secretary of the Treasury shall consult with representatives of
    human rights organizations and all government agencies with relevant
    information to help prevent indicted war criminals from benefiting from
    any financial or technical assistance or grants provided to any country
    or entity described in subsection (a).
        (e) <<NOTE: Waiver authority.>> The Secretary of State may waive the
    application of subsection (a) with respect to projects within a country,
    entity, or municipality upon a written determination to the Committees
    on Appropriations that such assistance directly supports the
    implementation of the Dayton Accords.

        (f) Definitions.--As used in this section:
                (1) Country.--The term ``country'' means Bosnia and
            Herzegovina, Croatia and Serbia.
                (2) Entity.--The term ``entity'' refers to the Federation of
            Bosnia and Herzegovina, Kosovo, Montenegro and the Republika
            Srpska.
                (3) Municipality.--The term ``municipality'' means a city,
            town or other subdivision within a country or entity as defined
            herein.
                (4) Dayton accords.--The term ``Dayton Accords'' means the
            General Framework Agreement for Peace in Bosnia and Herzegovina,
            together with annexes relating thereto, done at Dayton, November
            10 through 16, 1995.

                                    user fees

        Sec. 659. The Secretary of the Treasury shall instruct the United
    States Executive Director at each international financial institution
    (as defined in section 1701(c)(2) of the International

    [[Page 121 STAT. 2346]]

    Financial Institutions Act) and the International Monetary Fund to
    oppose any loan, grant, strategy or policy of these institutions that
    would require user fees or service charges on poor people for primary
    education or primary healthcare, including prevention, care and
    treatment for HIV/AIDS, malaria, tuberculosis, and infant, child, and
    maternal well-being, in connection with the institutions' financing
    programs.

               contribution to the united nations population fund

        Sec. 660. (a) Limitations on Amount of Contribution.--Of the amounts
    made available under ``International Organizations and Programs'' and
    ``Global Health and Child Survival'' accounts for fiscal year 2008,
    $40,000,000 shall be made available for the United Nations Population
    Fund (UNFPA): Provided, That of this amount, not less than $7,000,000
    shall be derived from funds appropriated under the heading
    ``International Organizations and Programs''.
        (b) Availability of Funds.--Funds appropriated under the heading
    ``International Organizations and Programs'' in this Act that are
    available for UNFPA, that are not made available for UNFPA because of
    the operation of any provision of law, shall be transferred to the
    ``Global Health and Child Survival'' account and shall be made available
    for family planning, maternal, and reproductive health activities,
    subject to the regular notification procedures of the Committees on
    Appropriations.
        (c) Prohibition on Use of Funds in China.--None of the funds made
    available under this Act may be used by UNFPA for a country program in
    the People's Republic of China.
        (d) Conditions on Availability of Funds.--Amounts made available
    under this Act for UNFPA may not be made available to UNFPA unless--
                (1) UNFPA maintains amounts made available to UNFPA under
            this section in an account separate from other accounts of
            UNFPA;
                (2) UNFPA does not commingle amounts made available to UNFPA
            under this section with other sums; and
                (3) UNFPA does not fund abortions.

        (e) Report to Congress and Dollar-for-Dollar Withholding of Funds.--
                (1) Not later than 4 months after the date of enactment of
            this Act, the Secretary of State shall submit a report to the
            Committees on Appropriations indicating the amount of funds that
            the UNFPA is budgeting for the year in which the report is
            submitted for a country program in the People's Republic of
            China.
                (2) If a report under paragraph (1) indicates that the UNFPA
            plans to spend funds for a country program in the People's
            Republic of China in the year covered by the report, then the
            amount of such funds that the UNFPA plans to spend in the
            People's Republic of China shall be deducted from the funds made
            available to the UNFPA after March 1 for obligation for the
            remainder of the fiscal year in which the report is submitted.

        (f) Nothing in this section shall be construed to limit the
    authority of the President to deny funds to any organization by reason
    of the application of another provision of this Act or any other
    provision of law.

    [[Page 121 STAT. 2347]]

                        community-based police assistance

        Sec. 661. (a) Authority.--Funds made available by title III of this
    Act to carry out the provisions of chapter 1 of part I and chapter 4 of
    part II of the Foreign Assistance Act of 1961, may be used,
    notwithstanding section 660 of that Act, to enhance the effectiveness
    and accountability of civilian police authority through training and
    technical assistance in human rights, the rule of law, strategic
    planning, and through assistance to foster civilian police roles that
    support democratic governance including assistance for programs to
    prevent conflict, respond to disasters, address gender-based violence,
    and foster improved police relations with the communities they serve.
        (b) Notification.--Assistance provided under subsection (a) shall be
    subject to prior consultation with, and the regular notification
    procedures of, the Committees on Appropriations.

                       Special Debt Relief for the Poorest

        Sec. 662. (a) Authority to Reduce Debt.--The President may reduce
    amounts owed to the United States (or any agency of the United States)
    by an eligible country as a result of--
                (1) guarantees issued under sections 221 and 222 of the
            Foreign Assistance Act of 1961;
                (2) credits extended or guarantees issued under the Arms
            Export Control Act; or
                (3) any obligation or portion of such obligation, to pay for
            purchases of United States agricultural commodities guaranteed
            by the Commodity Credit Corporation under export credit
            guarantee programs authorized pursuant to section 5(f) of the
            Commodity Credit Corporation Charter Act of June 29, 1948, as
            amended, section 4(b) of the Food for Peace Act of 1966, as
            amended (Public Law 89-808), or section 202 of the Agricultural
            Trade Act of 1978, as amended (Public Law 95-501).

        (b) Limitations.--
                (1) The authority provided by subsection (a) may be
            exercised only to implement multilateral official debt relief
            and referendum agreements, commonly referred to as ``Paris Club
            Agreed Minutes''.
                (2) The authority provided by subsection (a) may be
            exercised only in such amounts or to such extent as is provided
            in advance by appropriations Acts.
                (3) The authority provided by subsection (a) may be
            exercised only with respect to countries with heavy debt burdens
            that are eligible to borrow from the International Development
            Association, but not from the International Bank for
            Reconstruction and Development, commonly referred to as ``IDA-
            only'' countries.

        (c) Conditions.--The authority provided by subsection (a) may be
    exercised only with respect to a country whose government--
                (1) does not have an excessive level of military
            expenditures;
                (2) has not repeatedly provided support for acts of
            international terrorism;
                (3) is not failing to cooperate on international narcotics
            control matters;

    [[Page 121 STAT. 2348]]

                (4) (including its military or other security forces) does
            not engage in a consistent pattern of gross violations of
            internationally recognized human rights; and
                (5) is not ineligible for assistance because of the
            application of section 527 of the Foreign Relations
            Authorization Act, Fiscal Years 1994 and 1995.

        (d) Availability of Funds.--The authority provided by subsection (a)
    may be used only with regard to the funds appropriated by this Act under
    the heading ``Debt Restructuring''.
        (e) Certain Prohibitions Inapplicable.--A reduction of debt pursuant
    to subsection (a) shall not be considered assistance for the purposes of
    any provision of law limiting assistance to a country. The authority
    provided by subsection (a) may be exercised notwithstanding section
    620(r) of the Foreign Assistance Act of 1961 or section 321 of the
    International Development and Food Assistance Act of 1975.

                  Authority to Engage in Debt Buybacks or Sales

        Sec. 663. (a) Loans Eligible for Sale, Reduction, or Cancellation.--
                (1) Authority to sell, reduce, or cancel certain loans.--
            Notwithstanding any other provision of law, the President may,
            in accordance with this section, sell to any eligible purchaser
            any concessional loan or portion thereof made before January 1,
            1995, pursuant to the Foreign Assistance Act of 1961, to the
            government of any eligible country as defined in section 702(6)
            of that Act or on receipt of payment from an eligible purchaser,
            reduce or cancel such loan or portion thereof, only for the
            purpose of facilitating--
                        (A) debt-for-equity swaps, debt-for-development
                    swaps, or debt-for-nature swaps; or
                        (B) a debt buyback by an eligible country of its own
                    qualified debt, only if the eligible country uses an
                    additional amount of the local currency of the eligible
                    country, equal to not less than 40 percent of the price
                    paid for such debt by such eligible country, or the
                    difference between the price paid for such debt and the
                    face value of such debt, to support activities that link
                    conservation and sustainable use of natural resources
                    with local community development, and child survival and
                    other child development, in a manner consistent with
                    sections 707 through 710 of the Foreign Assistance Act
                    of 1961, if the sale, reduction, or cancellation would
                    not contravene any term or condition of any prior
                    agreement relating to such loan.
                (2) Terms and <<NOTE: President.>> conditions.--
            Notwithstanding any other provision of law, the President shall,
            in accordance with this section, establish the terms and
            conditions under which loans may be sold, reduced, or canceled
            pursuant to this section.
                (3) Administration.--
            The <<NOTE: Notification. President.>> Facility, as defined in
            section 702(8) of the Foreign Assistance Act of 1961, shall
            notify the administrator of the agency primarily responsible for
            administering part I of the Foreign Assistance Act of 1961 of
            purchasers that the President has determined to be eligible, and
            shall direct such agency to carry out the sale, reduction, or
            cancellation of a loan pursuant to this section. Such agency
            shall make adjustment in its accounts to reflect the sale,
            reduction, or cancellation.

    [[Page 121 STAT. 2349]]

                (4) Limitation.--The authorities of this subsection shall be
            available only to the extent that appropriations for the cost of
            the modification, as defined in section 502 of the Congressional
            Budget Act of 1974, are made in advance.

        (b) Deposit of Proceeds.--The proceeds from the sale, reduction, or
    cancellation of any loan sold, reduced, or canceled pursuant to this
    section shall be deposited in the United States Government account or
    accounts established for the repayment of such loan.
        (c) Eligible Purchasers.--A loan may be sold pursuant to subsection
    (a)(1)(A) only to a purchaser who presents plans satisfactory to the
    President for using the loan for the purpose of engaging in debt-for-
    equity swaps, debt-for-development swaps, or debt-for-nature swaps.
        (d) Debtor Consultations.--Before the sale to any eligible
    purchaser, or any reduction or cancellation pursuant to this section, of
    any loan made to an eligible country, the President should consult with
    the country concerning the amount of loans to be sold, reduced, or
    canceled and their uses for debt-for-equity swaps, debt-for-development
    swaps, or debt-for-nature swaps.
        (e) Availability of Funds.--The authority provided by subsection (a)
    may be used only with regard to funds appropriated by this Act under the
    heading ``Debt Restructuring''.

                                 basic education

        Sec. 664. (a) In General.--Of the funds appropriated by title III of
    this Act, not less than $700,000,000 shall be made available for
    assistance for developing countries for basic education, of which not
    less than $190,000,000 shall be provided and implemented in countries
    that have an approved national education plan.
        (b) Coordinator.--There <<NOTE: Establishment. 22 USC 2651a
    note.>> shall be established within the Department of State in the
    immediate office of the Director of United States Foreign Assistance, a
    Coordinator of United States Government activities to provide basic
    education assistance in developing countries (hereinafter in this
    section referred to as the ``Coordinator'').

        (c) Responsibilities.--That the Coordinator shall have primary
    responsibility for the oversight and coordination of all resources and
    international activities of the United States Government that provide
    assistance in developing countries for basic education. The individual
    serving as the Coordinator may not hold any other position in the
    Federal Government during the individual's time of service as
    Coordinator.
        (d) Strategy.--The <<NOTE: President. Deadline.>> President shall
    develop a comprehensive integrated United States Government strategy to
    provide assistance in developing countries for basic education within 90
    days of enactment of this Act.

        (e) Report to Congress.--Not later than September 30, 2008, the
    Secretary of State shall report to the Committees on Appropriations on
    the implementation of United States Government assistance programs in
    developing countries for basic education.
        (f) Funds appropriated by title II of Public Law 109-102 and
    provided to the Comptroller General pursuant to section 567 of that Act
    shall be available until expended and are also available to the
    Comptroller General to conduct further evaluations of basic education
    programs in developing countries under the direction of the Committees
    on Appropriations.

    [[Page 121 STAT. 2350]]

                             reconciliation programs

        Sec. 665. Of the funds appropriated by title III of this Act under
    the heading ``Economic Support Fund'', $16,000,000 shall be made
    available to support reconciliation programs which bring together
    individuals of different ethnic, religious and political backgrounds
    from areas of civil conflict and war, and an additional $9,000,000 shall
    be made available to support programs in the Middle East: Provided, That
    the Administrator of the United States Agency for International
    Development shall consult with the Committees on Appropriations, prior
    to the initial obligation of funds, on the most effective uses of such
    funds.

                                      sudan

        Sec. 666. (a) Limitation on Assistance.--Subject to subsection (b):
                (1) Notwithstanding any other provision of law, none of the
            funds appropriated by this Act may be made available for
            assistance for the Government of Sudan.
                (2) None of the funds appropriated by this Act may be made
            available for the cost, as defined in section 502, of the
            Congressional Budget Act of 1974, of modifying loans and loan
            guarantees held by the Government of Sudan, including the cost
            of selling, reducing, or canceling amounts owed to the United
            States, and modifying concessional loans, guarantees, and credit
            agreements.

        (b) <<NOTE: Certification.>> Subsection (a) shall not apply if the
    Secretary of State determines and certifies to the Committees on
    Appropriations that:
                (1) The Government of Sudan honors its pledges to cease
            attacks upon civilians and disarms and demobilizes the Janjaweed
            and other government-supported militias.
                (2) The Government of Sudan and all government-supported
            militia groups are honoring their commitments made in all
            previous cease-fire agreements.
                (3) The Government of Sudan is allowing unimpeded access to
            Darfur to humanitarian aid organizations, the human rights
            investigation and humanitarian teams of the United Nations,
            including protection officers, and an international monitoring
            team that is based in Darfur and has the support of the United
            States.

        (c) Exceptions.--The provisions of subsection (a) shall not apply
    to--
                (1) humanitarian assistance;
                (2) assistance for the Darfur region, Southern Sudan,
            Southern Kordofan/Nuba Mountains State, Blue Nile State, and
            Abyei; and
                (3) assistance to support implementation of the
            Comprehensive Peace Agreement and the Darfur Peace Agreement or
            any other internationally-recognized viable peace agreement in
            Sudan.

        (d) Definitions.--For the purposes of this Act, the term
    ``Government of Sudan'' shall not include the Government of Southern
    Sudan.
        (e) Notwithstanding any other law, assistance in this Act may be
    made available to the Government of Southern Sudan to provide non-lethal
    military assistance, military education and training, and

    [[Page 121 STAT. 2351]]

    defense services controlled under the International Traffic in Arms
    Regulations (22 CRF 120.1 et seq.) if the Secretary of State--
                (1) determines that the provision of such items is in the
            national interest of the United States; and
                (2) <<NOTE: Deadline. Notification.>> not later than 15 days
            before the provision of any such assistance, notifies the
            Committees on Appropriations and the Committee on Foreign
            Relations in the Senate and the Committee on Foreign Affairs in
            the House of Representatives of such determination.

        (f) Chad.--Notwithstanding any other provision of law, of the funds
    appropriated by this Act for assistance for Sudan, up to $5,000,000
    shall be made available for administrative and other expenses of the
    United States Agency for International Development in Chad.

                             trade capacity building

        Sec. 667. Of the funds appropriated by this Act, under the headings
    ``Development Assistance'', ``Assistance for Eastern Europe and the
    Baltic States'', ``Economic Support Fund'', ``Andean Counterdrug
    Programs'', and ``Assistance for the Independent States of the Former
    Soviet Union'', not less than $550,000,000 should be made available for
    trade capacity building assistance.

                         TRANSPARENCY AND ACCOUNTABILITY

        Sec. 668. <<NOTE: Reports. Website.>> (a) Public Disclosure.--Ten
    percent of the funds appropriated in this Act under the heading
    ``International Organizations and Programs'' for a contribution to any
    United Nations agency may be withheld from disbursement if the Secretary
    of State reports to the Committees on Appropriations that such agency
    does not have or is not implementing a policy of posting on a publicly
    available website information such as: (1) audits, budget reports, and
    information related to procurement activities; (2) procedures for
    protecting whistleblowers; and (3) efforts to ensure the independence of
    internal oversight bodies, adopt international public sector accounting
    standards, and limit administrative costs.

        (b) United Nations Development Program.--Twenty percent of the funds
    appropriated by this Act under the heading ``International Organizations
    and Programs'' for a United States contribution to the United Nations
    Development Program (UNDP) shall be withheld from disbursement until the
    Secretary of State reports to the Committees on Appropriations that UNDP
    is--
                (1) giving adequate access to information to the Department
            of State regarding UNDP's programs and activities as requested,
            including in North Korea and Burma;
                (2) conducting oversight of UNDP programs and activities
            globally; and
                (3) implementing a whistleblower protection policy
            equivalent to that recommended by the United Nations Secretary
            General on December 3, 2007.

        (c)(1) World <<NOTE: Reports.>> Bank.--Ten percent of the funds
    appropriated by this Act under the heading ``International Development
    Association'' shall be withheld from disbursement until the Secretary of
    the Treasury reports to the Committees on Appropriations that--
                (A) the World Bank has made publicly available, in an
            appropriate manner, financial disclosure forms of senior World

    [[Page 121 STAT. 2352]]

            Bank personnel, including those at the level of managing
            director, vice president, and above;
                (B) the World Bank has established a plan and maintains a
            schedule for conducting regular, independent audits of internal
            management controls and procedures for meeting operational
            objectives, and is making reports describing the scope and
            findings of such audits available to the public;
                (C) the World Bank is adequately staffing and sufficiently
            funding the Department of Institutional Integrity;
                (D) <<NOTE: Public information.>> the World Bank has made
            publicly available the reports of the Department of
            Institutional Integrity, and any subsequent review of corrective
            actions for such reports, including, but not limited to, the
            November 23, 2005 ``Report of Investigation into Reproductive
            and Child Health I Project Credit N0180 India'', and the May
            2006 report on Credit Number 3703 DRC, Grant number H193 DRC,
            and Grant number H010 DRC; and
                (E) the World Bank is implementing the recommendations of
            the ``Volcker Panel'' report in a timely manner.

        (2) Anticorruption <<NOTE: Reports.>> Provisions.--In addition to
    the funds withheld in subsection (b)(1), 10 percent of the funds
    appropriated by this Act under the heading ``International Development
    Association'' shall be withheld from disbursement until the Secretary of
    the Treasury reports to the Committees on Appropriations on the extent
    to which the World Bank has completed the following:
                (A) World Bank procurement guidelines, including the World
            Bank's Standard Bidding Documents, have been applied to all
            procurement financed in whole or in part by a loan from the
            World Bank or a credit agreement or grant from the International
            Development Association (IDA);
                (B) the World Bank maintains a strong central procurement
            office staffed with senior experts who are designated to address
            commercial concerns, questions, and complaints regarding
            procurement procedures and payments under IDA and World Bank
            projects;
                (C) thresholds for international competitive bidding have
            been established to maximize international competitive bidding
            in accordance with sound procurement practices, including
            transparency, competition, and cost-effective results for the
            Borrowers;
                (D) the World Bank is consulting with the appropriate
            private and public sector representatives regarding
            implementation of the country procurement pilots outlined in the
            June 2007 report to the Board; and
                (E) all countries selected for the procurement pilot program
            must adhere to all World Bank anti-fraud and anti-corruption
            policies and must demonstrate a strong anti-fraud enforcement
            record.

        (d) Report.--
                (1)(A) The Comptroller General of the United States shall
            conduct an assessment of the programs and activities funded
            under the heading ``Millennium Challenge Corporation'' (MCC) in
            this Act and prior Acts making appropriations for foreign
            operations, export financing, and related programs to include a
            review of the financial controls and procurement practices of
            the Corporation and its accountable entities, and the results
            achieved by MCC's compacts.

    [[Page 121 STAT. 2353]]

                (B) Of the funds appropriated under the heading ``Millennium
            Challenge Corporation'' in this Act, up to $250,000 shall be
            made available to the Comptroller for the requirements of
            subsection (1)(A).
                (2)(A) <<NOTE: HIV/AIDS.>> The Comptroller General of the
            United States shall conduct an assessment of the HIV/AIDS
            programs and activities funded under the headings ``Child
            Survival and Health Programs Fund'', ``Global HIV/AIDS
            Initiative'', and ``Global Health and Child Survival'' in this
            Act and prior Acts making appropriations for foreign operations,
            export financing, and related programs to include a review of
            the procurement and results monitoring activities of United
            States bilateral HIV/AIDS programs. The assessment should also
            address the impact of Global HIV/AIDS Initiative funding on
            other United States global health programming.
                (B) Of the funds appropriated under the heading ``Global
            Health and Child Survival'', up to $125,000 shall be made
            available to the Comptroller for the requirements of subsection
            (2)(A).

        (e) National Budget Transparency.--
                (1) None of the funds appropriated by this Act may be made
            available for assistance for the central government of any
            country that fails to make publicly available on an annual basis
            its national budget, to include income and expenditures.
                (2) <<NOTE: Waiver authority. Reports.>> The Secretary of
            State may waive subsection (e)(1) if the Secretary reports to
            the Committees on Appropriations that to do so is in the
            national interests of the United States.
                (3) <<NOTE: Applicability.>> The reporting requirement
            pursuant to section 585(b) of Public Law 108-7 regarding fiscal
            transparency and accountability in countries whose central
            governments receive United States foreign assistance shall apply
            to this Act.

      excess defense articles for central and south european countries and
                             certain other countries

        Sec. 669. Notwithstanding section 516(e) of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2321j(e)), during fiscal year 2008, funds
    available to the Department of Defense may be expended for crating,
    packing, handling, and transportation of excess defense articles
    transferred under the authority of section 516 of such Act to Albania,
    Afghanistan, Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of
    Macedonia, Georgia, India, Iraq, Kazakhstan, Kyrgyzstan, Latvia,
    Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan,
    Turkmenistan, and Ukraine.

                              gender-based violence

        Sec. 670. Programs funded under titles III and IV of this Act that
    provide training for foreign police, judicial, and military officials,
    shall include, where appropriate, programs and activities that address
    gender-based violence.

    [[Page 121 STAT. 2354]]

       limitation on economic support fund assistance for certain foreign
        governments that are parties to the international criminal court

        Sec. 671. (a) None of the funds made available in this Act under the
    heading ``Economic Support Fund'' may be used to provide assistance to
    the government of a country that is a party to the International
    Criminal Court and has not entered into an agreement with the United
    States pursuant to Article 98 of the Rome Statute preventing the
    International Criminal Court from proceeding against United States
    personnel present in such country.
        (b) <<NOTE: President. Notification. Waiver
    authority. Reports.>> The President may, with prior notice to Congress,
    waive the prohibition of subsection (a) with respect to a North Atlantic
    Treaty Organization (NATO) member country, a major non-NATO ally
    (including Australia, Egypt, Israel, Japan, Jordan, Argentina, the
    Republic of Korea, and New Zealand), Taiwan, or such other country as he
    may determine if he determines and reports to the appropriate
    congressional committees that it is important to the national interests
    of the United States to waive such prohibition.

        (c) <<NOTE: President. Notification. Waiver
    authority. Reports.>> The President may, with prior notice to Congress,
    waive the prohibition of subsection (a) with respect to a particular
    country if he determines and reports to the appropriate congressional
    committees that such country has entered into an agreement with the
    United States pursuant to Article 98 of the Rome Statute preventing the
    International Criminal Court from proceeding against United States
    personnel present in such country.

        (d) The prohibition of this section shall not apply to countries
    otherwise eligible for assistance under the Millennium Challenge Act of
    2003, notwithstanding section 606(a)(2)(B) of such Act.

                               western hemisphere

        Sec. 672. (a) Central and South America.--Of the funds appropriated
    by this Act under the headings ``Global Health and Child Survival'' and
    ``Development Assistance'', not less than the amount of funds initially
    allocated for each such account pursuant to section 653(a) of the
    Foreign Assistance Act of 1961 for fiscal year 2007 shall be made
    available for El Salvador, Guatemala, Nicaragua, Honduras, Ecuador,
    Peru, Bolivia, Brazil, Latin America and Caribbean Regional, Central
    America Regional, and South America Regional: Provided, That for the
    purposes of this subsection, ``Global Health and Child Survival'' shall
    mean ``Child Survival and Health Programs Fund''.
        (b) Haiti.--
                (1) The Government of Haiti shall be eligible to purchase
            defense articles and services under the Arms Export Control Act
            (22 U.S.C. 2751 et seq.), for the Coast Guard.
                (2) Of the funds appropriated by this Act under titles III
            and IV, not less than $201,584,000 shall be available for
            assistance for Haiti.
                (3) <<NOTE: Certification.>> None of the funds made
            available by this Act under the heading ``International
            Narcotics Control and Law Enforcement'' may be used to transfer
            excess weapons, ammunition or other lethal property of an agency
            of the United States Government to the Government of Haiti for
            use by the Haitian National Police until the Secretary of State
            certifies to the Committees on Appropriations that any members
            of the Haitian

    [[Page 121 STAT. 2355]]

            National Police who have been credibly alleged to have committed
            serious crimes, including drug trafficking and human rights
            violations, have been suspended and the Haitian Government is
            cooperating in a reform and restructuring plan for the Haitian
            National Police and the reform of the judicial system as called
            for in United Nations Security Council Resolution 1608 adopted
            on June 22, 2005.

        (c) Dominican Republic.--Of the funds appropriated by this Act under
    the headings ``Global Health and Child Survival'' and ``Development
    Assistance'', not less than $23,000,000 shall be made available for
    assistance for the Dominican Republic, of which not less than $5,000,000
    shall be made available for basic health care, nutrition, sanitation,
    education, and shelter for migrant workers and other residents of batey
    communities.
        (d) Assistance for Guatemala.--
                (1) Of the funds appropriated by this Act under the heading
            ``Economic Support Fund'' that are available for assistance for
            Guatemala, not less than $4,000,000 shall be made available for
            a United States contribution to the International Commission
            Against Impunity in Guatemala (CICIG).
                (2) Funds appropriated by this Act under the heading
            ``International Military Education and Training'' (IMET) that
            are available for assistance for Guatemala, other than for
            expanded IMET, may be made available only for the Guatemalan Air
            Force, Navy and Army Corps of Engineers: Provided, That
            assistance for the Guatemalan Army Corps of Engineers shall only
            be available for training to improve disaster response
            capabilities and to participate in international peacekeeping
            operations: Provided <<NOTE: Certification.>> further, That such
            funds may be made available only if the Secretary of State
            certifies that the Guatemalan Air Force, Navy and Army Corps of
            Engineers are respecting human rights and are cooperating with
            civilian judicial investigations and prosecutions of current and
            retired military personnel who have been credibly alleged to
            have committed violations of human rights.
                (3) Of the funds appropriated by this Act under the heading
            ``Foreign Military Financing Program'', not more than $500,000
            may be made available for the Guatemalan Air Force and Navy:
            Provided, That <<NOTE: Certification.>> such funds may be made
            available only if the Secretary of State certifies that the
            Guatemalan Air Force and Navy are respecting human rights and
            are cooperating with civilian judicial investigations and
            prosecutions of current and retired military personnel who have
            been credibly alleged to have committed violations of human
            rights, and the Guatemalan Armed Forces are fully cooperating
            (including access for investigators, the provision of documents
            and other evidence, and testimony of witnesses) with the CICIG.

        (e) Free Trade Agreements.--Of the funds appropriated by this Act
    under the heading ``Economic Support Fund'', not less than $10,000,000
    shall be made available for labor and environmental capacity building
    activities relating to the free trade agreements with countries of
    Central America and the Dominican Republic.
        (f) Notification Requirement.--Funds made available in this Act for
    assistance for Guatemala and Haiti under the headings referred to in
    this section shall be subject to the regular notification procedures of
    the Committees on Appropriations.

    [[Page 121 STAT. 2356]]

                                    ZIMBABWE

        Sec. 673. <<NOTE: Certification. 22 USC 2151 note.>> The Secretary
    of the Treasury shall instruct the United States executive director to
    each international financial institution to vote against any extension
    by the respective institution of any loans to the Government of
    Zimbabwe, except to meet basic human needs or to promote democracy,
    unless the Secretary of State determines and certifies to the Committees
    on Appropriations that the rule of law has been restored in Zimbabwe,
    including respect for ownership and title to property, freedom of speech
    and association.

                           DEVELOPMENT GRANTS PROGRAM

        Sec. 674. (a) Establishment of the Program.--There is established
    within the United States Agency for International Development (USAID) a
    Development Grants Program (DGP) to provide small grants to United
    States and indigenous nongovernmental organizations for the purpose of
    carrying out the provisions of chapters 1 and 10 of part I and chapter 4
    of part II of the Foreign Assistance Act of 1961.
        (b) Eligibility for Grants.--Grants from the DGP shall be made only
    for proposals of nongovernmental organizations.
        (c) Competition.--Grants made pursuant to the authority of this
    section shall be provided through an open, transparent and competitive
    process.
        (d) Size of Program and Individual Grants.--
                (1) Of the funds appropriated by this Act to carry out
            chapter 1 of part I and chapter 4 of part II of the Foreign
            Assistance Act of 1961, not less than $50,000,000 shall be made
            available for purposes of this section: Provided, That not more
            than 50 percent of this amount shall be derived from funds
            appropriated to carry out chapter 1 of part I of such Act.
                (2) No individual organization can receive grants, or grant
            amendments, made pursuant to this section in excess of
            $2,000,000.

        (e) Availability of Other Funds.--Funds made available under this
    section are in addition to other funds available for such purposes
    including funds designated by this Act by section 665.
        (f) Definition.--For purposes of this section, the term
    ``nongovernmental organization'' means a private voluntary organization,
    and shall not include entities owned in whole or in part by a government
    or governmental entity.
        (g) Report.--Within 90 days from the date of enactment of this Act,
    and after consultation with the Committees on Appropriations, the
    Administrator of USAID shall submit a report to those Committees
    describing the procedures and mechanisms USAID will use to implement
    this section.

                        DISASTER ASSISTANCE AND RECOVERY

        Sec. 675. Funds made available to the Comptroller General under
    chapter 4 of title I of the Emergency Supplemental Appropriations Act
    (Public Law 106-31; 113 Stat. 69) and section 593 of the Foreign
    Operations, Export Financing, and Programs Agencies Appropriations Act,
    2001 (Public Law 106-429; 114 Stat. 1900A-

    [[Page 121 STAT. 2357]]

    59) to monitor the provisions of assistance to address the effects of
    hurricanes in Central America and the Caribbean and the earthquake in
    Colombia, and to monitor the earthquake relief and reconstruction
    efforts in El Salvador under section 561 of the Foreign Operations,
    Export Financing, and Programs Agencies Appropriations Act, 2002 (Public
    Law 107-115; 115 Stat. 2162) shall also be available to the Comptroller
    General to monitor any other disaster assistance and recovery effort.

          united states agency for international development management

                          (including transfer of funds)

        Sec. 676. <<NOTE: 22 USC 3948 note.>> (a) Authority.--Up to
    $81,000,000 of the funds made available in title III of this Act to
    carry out the provisions of part I of the Foreign Assistance Act of
    1961, including funds appropriated under the heading ``Assistance for
    Eastern Europe and the Baltic States'', may be used by the United States
    Agency for International Development (USAID) to hire and employ
    individuals in the United States and overseas on a limited appointment
    basis pursuant to the authority of sections 308 and 309 of the Foreign
    Service Act of 1980.

        (b) Restrictions.--
                (1) The number of individuals hired in any fiscal year
            pursuant to the authority contained in subsection (a) may not
            exceed 175.
                (2) The authority to hire individuals contained in
            subsection (a) shall expire on September 30, 2009.

        (c) Conditions.--The authority of subsection (a) may only be used to
    the extent that an equivalent number of positions that are filled by
    personal services contractors or other non-direct hire employees of
    USAID, who are compensated with funds appropriated to carry out part I
    of the Foreign Assistance Act of 1961, including funds appropriated
    under the heading ``Assistance for Eastern Europe and the Baltic
    States'', are eliminated.
        (d) Priority Sectors.--In exercising the authority of this section,
    primary emphasis shall be placed on enabling USAID to meet personnel
    positions in technical skill areas currently encumbered by contractor or
    other non-direct hire personnel.
        (e) Consultations.--The USAID Administrator shall consult with the
    Committees on Appropriations at least on a quarterly basis concerning
    the implementation of this section.
        (f) Program Account Charged.--The account charged for the cost of an
    individual hired and employed under the authority of this section shall
    be the account to which such individual's responsibilities primarily
    relate. Funds made available to carry out this section may be
    transferred to and merged and consolidated with funds appropriated for
    ``Operating Expenses of the United States Agency for International
    Development''.
        (g) Management Reform Pilot.--Of the funds made available in
    subsection (a), USAID may use, in addition to funds otherwise available
    for such purposes, up to $15,000,000 to fund overseas support costs of
    members of the Foreign Service with a Foreign Service rank of four or
    below: Provided, That such authority is only used to reduce USAID's
    reliance on overseas personal services contractors or other non-direct
    hire employees compensated with funds appropriated to carry out part I
    of the Foreign Assistance

    [[Page 121 STAT. 2358]]

    Act of 1961, including funds appropriated under the heading ``Assistance
    for Eastern Europe and the Baltic States''.
        (h) Disaster Surge Capacity.--Funds appropriated under title III of
    this Act to carry out part I of the Foreign Assistance Act of 1961,
    including funds appropriated under the heading ``Assistance for Eastern
    Europe and the Baltic States'', may be used, in addition to funds
    otherwise available for such purposes, for the cost (including the
    support costs) of individuals detailed to or employed by the United
    States Agency for International Development whose primary responsibility
    is to carry out programs in response to natural disasters.

                             opic transfer authority

                          (including transfer of funds)

        Sec. 677. <<NOTE: President.>> Whenever the President determines
    that it is in furtherance of the purposes of the Foreign Assistance Act
    of 1961, up to a total of $20,000,000 of the funds appropriated under
    title III of this Act may be transferred to and merged with funds
    appropriated by this Act for the Overseas Private Investment Corporation
    Program Account, to be subject to the terms and conditions of that
    account: Provided, That such funds shall not be available for
    administrative expenses of the Overseas Private Investment Corporation:
    Provided further, That designated funding levels in this Act shall not
    be transferred pursuant to this section: Provided further,
    That <<NOTE: Notification.>> the exercise of such authority shall be
    subject to the regular notification procedures of the Committees on
    Appropriations.

                              reporting requirement

        Sec. 678. The Secretary of State shall provide the Committees on
    Appropriations, not later than April 1, 2008, and for each fiscal
    quarter, a report in writing on the uses of funds made available under
    the headings ``Foreign Military Financing Program'', ``International
    Military Education and Training'', and ``Peacekeeping Operations'':
    Provided, That such report shall include a description of the obligation
    and expenditure of funds, and the specific country in receipt of, and
    the use or purpose of the assistance provided by such funds.

                                    indonesia

        Sec. 679. (a) Of the funds appropriated by this Act under the
    heading ``Foreign Military Financing Program'' up to $15,700,000 may be
    made available for assistance for Indonesia as follows--
                (1) Of the amount provided in subsection (a), $13,000,000
            may be made available upon enactment of this Act.
                (2) <<NOTE: Reports.>> Of the amount provided in subsection
            (a), $2,700,000 may not be made available until the Secretary of
            State reports to the Committees on Appropriations--
                        (A) on the steps taken by the Government of
                    Indonesia on the following--
                              (i) prosecution and punishment, in a manner
                          proportional to the crime, for members of the
                          Armed Forces who have been credibly alleged to
                          have committed gross violations of human rights in
                          Timor-Leste

    [[Page 121 STAT. 2359]]

                          and elsewhere, and cooperation by the Armed Forces
                          with civilian judicial authorities and with
                          international efforts to resolve cases of gross
                          violations of human rights; and
                              (ii) implementation by the Armed Forces of
                          reforms to increase the transparency and
                          accountability of their operations and financial
                          management; and
                        (B) that the Government of Indonesia has written
                    plans to effectively provide accountability for past
                    violations of human rights by members of the Armed
                    Forces, and is implementing plans to effectively allow
                    public access to Papua and to pursue the criminal
                    investigation and provide the projected timeframe for
                    completing the investigation of the murder of Munir Said
                    Thalib.

        (b) Of the funds appropriated by this Act under the heading
    ``Economic Support Fund'' that are available for assistance for
    Indonesia, not less than $250,000 should be made available for grants
    for capacity building of Indonesian human rights organizations,
    including in Papua.

                          limitation on basing in iraq

        Sec. 680. None of the funds made available in this Act may be used
    by the Government of the United States to enter into a permanent basing
    rights agreement between the United States and Iraq.

                          prohibition on use of torture

        Sec. 681. None of the funds made available in this Act shall be used
    in any way whatsoever to support or justify the use of torture, cruel or
    inhumane treatment by any official or contract employee of the United
    States Government.

                               report on indonesia

        Sec. 682. Not later than 90 days after enactment of this Act, the
    Secretary of State shall submit a report to the Committees on
    Appropriations that describes--
                (1) the steps taken by the Government of Indonesia to deny
            promotion, suspend from active service, and pursue prosecution
            of military officers indicted for serious crimes, and the extent
            to which past and present Indonesian military officials are
            cooperating with domestic inquiries into human rights abuses,
            including the forced disappearance and killing of student
            activists in 1998 and 1999;
                (2) the responses of the Governments of Indonesia and Timor-
            Leste to the Final Report of the Commission for Reception, Truth
            and Reconciliation in Timor-Leste and the June 2006 report of
            the report to the Secretary-General of the Commission of Experts
            to Review the Prosecution of Serious Violations of Human Rights
            in Timor-Leste in 1999; and
                (3) the steps taken by the Indonesian military to divest
            itself of illegal businesses.

                                   extradition

        Sec. 683. (a) None of the funds appropriated in this Act for the
    Department of State may be used to provide assistance (other

    [[Page 121 STAT. 2360]]

    than funds provided under the headings ``International Narcotics Control
    and Law Enforcement'', ``Migration and Refugee Assistance'', ``Emergency
    Migration and Refugee Assistance'', and ``Nonproliferation, Anti-
    terrorism, Demining and Related Assistance'') for the central government
    of a country which has notified the Department of State of its refusal
    to extradite to the United States any individual indicted for a criminal
    offense for which the maximum penalty is life imprisonment without the
    possibility of parole or for killing a law enforcement officer, as
    specified in a United States extradition request.
        (b) <<NOTE: Applicability.>> Subsection (a) shall only apply to the
    central government of a country with which the United States maintains
    diplomatic relations and with which the United States has an extradition
    treaty and the government of that country is in violation of the terms
    and conditions of the treaty.

        (c) The Secretary of State may waive the restriction in subsection
    (a) on a case-by-case basis if the Secretary certifies to the Committees
    on Appropriations that such waiver is important to the national
    interests of the United States.

                         ENVIRONMENT AND ENERGY PROGRAMS

        Sec. 684. (a) Biodiversity.--Of the funds appropriated under the
    heading ``Development Assistance'', not less than $195,000,000 shall be
    made available for programs and activities which directly protect
    biodiversity, including forests, in developing countries, of which not
    less than the amount of funds initially allocated pursuant to section
    653(a) of the Foreign Assistance Act of 1961 for fiscal year 2006 shall
    be made available for such activities in Brazil, Colombia, Ecuador, Peru
    and Bolivia, and that in addition to such amounts for such countries not
    less than $15,000,000 shall be made available for the United States
    Agency for International Development's Amazon Basin Conservation
    Initiative: Provided, That of the funds appropriated by this Act, not
    less than $2,000,000 should be made available for wildlife conservation
    and protected area management in the Boma-Jonglei landscape of Southern
    Sudan, and not less than $17,500,000 shall be made available for the
    Congo Basin Forest Partnership of which not less than $2,500,000 shall
    be made available to the United States Fish and Wildlife Service for
    great apes conservation programs in Central Africa.
        (b) Energy.--
                (1) Of the funds appropriated by this Act, not less than
            $195,000,000 shall be made available to support clean energy and
            other climate change programs in developing countries, of which
            not less than $125,000,000 should be made available to directly
            promote and deploy energy conservation, energy efficiency, and
            renewable and clean energy technologies with an emphasis on
            small hydro, solar and wind energy, and of which the balance
            should be made available to directly: (1) reduce greenhouse gas
            emissions; (2) increase carbon sequestration activities; and (3)
            support climate change mitigation and adaptation programs.
                (2) <<NOTE: Establishment.>> The Secretary of State shall
            convene an interagency committee, including appropriate
            officials of the Department of State, the United States Agency
            for International Development, and the Environmental Protection
            Agency, to evaluate the specific needs of developing countries
            in adapting to climate

    [[Page 121 STAT. 2361]]

            change impacts: Provided, That <<NOTE: Reports. Deadline.>> the
            Secretary shall submit a report to the Committees on
            Appropriations not later than September 1, 2008, describing such
            needs, on a country-by-country and regional basis, and the
            actions planned and being taken by the United States, including
            funding provided to developing countries specifically for
            adaptation to climate change impacts.

        (c) Extraction of Natural Resources.--
                (1) The Secretary of the Treasury shall inform the
            managements of the international financial institutions and the
            public that it is the policy of the United States that any
            assistance by such institutions (including but not limited to
            any loan, credit, grant, or guarantee) for the extraction and
            export of oil, gas, coal, timber, or other natural resource
            should not be provided unless the government of the country has
            in place functioning systems for: (A) accurately accounting for
            payments for companies involved in the extraction and export of
            natural resources; (B) the independent auditing of accounts
            receiving such payments and the widespread public dissemination
            of the findings of such audits; and (C) verifying government
            receipts against company payments including widespread
            dissemination of such payment information, and disclosing such
            documents as Host Government Agreements, Concession Agreements,
            and bidding documents, allowing in any such dissemination or
            disclosure for the redaction of, or exceptions for, information
            that is commercially proprietary or that would create
            competitive disadvantage.
                (2) <<NOTE: Deadline. Reports.>> Not later than 180 days
            after the enactment of this Act, the Secretary of the Treasury
            shall submit a report to the Committees on Appropriations
            describing, for each international financial institution, the
            amount and type of assistance provided, by country, for the
            extraction and export of oil, gas, coal, timber, or other
            natural resources since September 30, 2006, and whether each
            institution considered, in its proposal for such assistance, the
            extent to which the country has functioning systems described in
            paragraph (c)(1).

                                   uzbekistan

        Sec. 685. <<NOTE: Reports. Human rights.>> (a) Funds appropriated by
    this Act may be made available for assistance for the central Government
    of Uzbekistan only if the Secretary of State determines and reports to
    the Committees on Appropriations that the Government of Uzbekistan is
    making substantial and continuing progress--
                (1) in meeting its commitments under the ``Declaration on
            the Strategic Partnership and Cooperation Framework Between the
            Republic of Uzbekistan and the United States of America'',
            including respect for human rights, establishing a genuine
            multi-party system, and ensuring free and fair elections,
            freedom of expression, and the independence of the media; and
                (2) in investigating and prosecuting the individuals
            responsible for the deliberate killings of civilians in Andijan
            in May 2005.

        (b) <<NOTE: Deadline.>> If the Secretary of State has credible
    evidence that any current or former official of the Government of
    Uzbekistan was responsible for the deliberate killings of civilians in
    Andijan in May 2005, or for other gross violations of human rights in

    [[Page 121 STAT. 2362]]

    Uzbekistan, not later than 6 months after enactment of this Act any
    person identified by the Secretary pursuant to this subsection shall be
    ineligible for admission to the United States.

        (c) The restriction in subsection (b) shall cease to apply if the
    Secretary determines and reports to the Committees on Appropriations
    that the Government of Uzbekistan has taken concrete and measurable
    steps to improve respect for internationally recognized human rights,
    including allowing peaceful political and religious expression,
    releasing imprisoned human rights defenders, and implementing
    recommendations made by the United Nations on torture.
        (d) The <<NOTE: Waiver authority.>> Secretary may waive the
    application of subsection (b) if the Secretary determines that admission
    to the United States is necessary to attend the United Nations or to
    further United States law enforcement objectives.

        (e) For the purpose of this section ``assistance'' shall include
    excess defense articles.

                      repression in the russian federation

        Sec. 686. (a) <<NOTE: Deadline. President. Certification.>> None of
    the funds appropriated for assistance under this Act may be made
    available for the Government of the Russian Federation, after 180 days
    from the date of the enactment of this Act, unless the President
    determines and certifies in writing to the Committees on Appropriations
    that the Government of the Russian Federation: (1) has implemented no
    statute, Executive order, regulation or similar government action that
    would discriminate, or which has as its principal effect discrimination,
    against religious groups or religious communities in the Russian
    Federation in violation of accepted international agreements on human
    rights and religious freedoms to which the Russian Federation is a
    party; and (2) is (A) honoring its international obligations regarding
    freedom of expression, assembly, and press, as well as due process; (B)
    investigating and prosecuting law enforcement personnel credibly alleged
    to have committed human rights abuses against political leaders,
    activists and journalists; and (C) immediately releasing political
    leaders, activists and journalists who remain in detention.

        (b) <<NOTE: Waiver authority.>> The Secretary of State may waive the
    requirements of subsection (a) if the Secretary determines that to do so
    is important to the national interests of the United States.

                              war crimes in africa

        Sec. 687. (a) The Congress reaffirms its support for the efforts of
    the International Criminal Tribunal for Rwanda (ICTR) and the Special
    Court for Sierra Leone (SCSL) to bring to justice individuals
    responsible for war crimes and crimes against humanity in a timely
    manner.
        (b) Funds appropriated by this Act, including funds for debt
    restructuring, may be made available for assistance to the central
    government of a country in which individuals indicted by ICTR and SCSL
    are credibly alleged to be living, if the Secretary of State determines
    and reports to the Committees on Appropriations that such government is
    cooperating with ICTR and SCSL, including the surrender and transfer of
    indictees in a timely manner: Provided, That this subsection shall not
    apply to assistance provided under section 551 of the Foreign Assistance
    Act of 1961

    [[Page 121 STAT. 2363]]

    or to project assistance under title II of this Act: Provided further,
    That the United States shall use its voice and vote in the United
    Nations Security Council to fully support efforts by ICTR and SCSL to
    bring to justice individuals indicted by such tribunals in a timely
    manner.
        (c) <<NOTE: Waiver authority. President. Reports.>> The prohibition
    in subsection (b) may be waived on a country by country basis if the
    President determines that doing so is in the national security interest
    of the United States: Provided, That prior to exercising such waiver
    authority, the President shall submit a report to the Committees on
    Appropriations, in classified form if necessary, on--
                (1) the steps being taken to obtain the cooperation of the
            government in surrendering the indictee in question to the court
            of jurisdiction;
                (2) a strategy, including a timeline, for bringing the
            indictee before such court; and
                (3) the justification for exercising the waiver authority.

            combatting piracy of united states copyrighted materials

        Sec. 688. (a) Program Authorized.--The Secretary of State may carry
    out a program of activities to combat piracy in countries that are not
    members of the Organization for Economic Cooperation and Development,
    including activities as follows:
                (1) The provision of equipment and training for law
            enforcement, including in the interpretation of intellectual
            property laws.
                (2) The provision of training for judges and prosecutors,
            including in the interpretation of intellectual property laws.
                (3) The provision of assistance in complying with
            obligations under applicable international treaties and
            agreements on copyright and intellectual property.

        (b) Consultation With World Intellectual Property Organization.--In
    carrying out the program authorized by subsection (a), the Secretary
    shall, to the maximum extent practicable, consult with and provide
    assistance to the World Intellectual Property Organization in order to
    promote the integration of countries described in subsection (a) into
    the global intellectual property system.
        (c) Funding.--Of the amount appropriated or otherwise made available
    under the heading ``International Narcotics Control and Law
    Enforcement'', $5,000,000 may be made available in fiscal year 2008 for
    the program authorized by subsection (a).

                           NEGLECTED TROPICAL DISEASES

        Sec. 689. Of the funds appropriated under the heading ``Global
    Health and Child Survival'', not less than $15,000,000 shall be made
    available to support the United States Agency for International
    Development's ongoing program to implement an integrated response to the
    control of neglected diseases including intestinal parasites,
    schistosomiasis, lymphatic filariasis, onchocerciasis, trachoma and
    leprosy: Provided, That the Administrator of the United States Agency
    for International Development shall consult with the Committees on
    Appropriations, representatives from the relevant international
    technical and nongovernmental organizations addressing the specific
    diseases, recipient countries, donor countries, the private sector,
    UNICEF and the World Health

    [[Page 121 STAT. 2364]]

    Organization: (1) on the most effective uses of such funds to
    demonstrate the health and economic benefits of such an approach; and
    (2) to develop a multilateral, integrated initiative to control these
    diseases that will enhance coordination and effectiveness and maximize
    the leverage of United States contributions with those of other donors:
    Provided further, That <<NOTE: Notification.>> funds made available
    pursuant to this section shall be subject to the regular notification
    procedures of the Committees on Appropriations.

                                      EGYPT

        Sec. 690. (a) Of the funds appropriated by this Act under the
    heading ``Foreign Military Financing Program'' or under the heading
    ``Economic Support Fund'' that are available for assistance for Egypt,
    $100,000,000 shall not be made available for obligation until the
    Secretary of State certifies and reports to the Committees on
    Appropriations that the Government of Egypt has taken concrete and
    measurable steps to--
                (1) adopt and implement judicial reforms that protect the
            independence of the judiciary;
                (2) review criminal procedures and train police leadership
            in modern policing to curb police abuses; and
                (3) detect and destroy the smuggling network and tunnels
            that lead from Egypt to Gaza.

        (b) <<NOTE: Effective date. Waiver authority. Reports.>> Not less
    than 45 days after enactment of this Act, the Secretary may waive
    subsection (a) if the Secretary determines and reports to the Committees
    on Appropriations that such waiver is in the national security interest
    of the United States.

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

        Sec. 691. (a) Amendment to Authority to Determine the Bar to
    Admission Inapplicable.--Section 212(d)(3)(B)(i) of the Immigration and
    Nationality Act (8 U.S.C. 1182(d)(3)(B)(i)) is amended to read as
    follows:
        ``The Secretary of State, after consultation with the Attorney
    General and the Secretary of Homeland Security, or the Secretary of
    Homeland Security, after consultation with the Secretary of State and
    the Attorney General, may determine in such Secretary's sole
    unreviewable discretion that subsection (a)(3)(B) shall not apply with
    respect to an alien within the scope of that subsection or that
    subsection (a)(3)(B)(vi)(III) shall not apply to a group within the
    scope of that subsection, except that no such waiver may be extended to
    an alien who is within the scope of subsection (a)(3)(B)(i)(II), no such
    waiver may be extended to an alien who is a member or representative of,
    has voluntarily and knowingly engaged in or endorsed or espoused or
    persuaded others to endorse or espouse or support terrorist activity on
    behalf of, or has voluntarily and knowingly received military-type
    training from a terrorist organization that is described in subclause
    (I) or (II) of subsection (a)(3)(B)(vi), and no such waiver may be
    extended to a group that has engaged terrorist activity against the
    United States or another democratic country or that has purposefully
    engaged in a pattern or practice of terrorist activity that is directed
    at civilians. Such a determination shall neither prejudice the ability
    of the United States Government to commence criminal or civil
    proceedings involving a beneficiary of such a determination or any other
    person,

    [[Page 121 STAT. 2365]]

    nor create any substantive or procedural right or benefit for a
    beneficiary of such a determination or any other person. Notwithstanding
    any other provision of law (statutory or nonstatutory), including
    section 2241 of title 28, or any other habeas corpus provision, and
    sections 1361 and 1651 of such title, no court shall have jurisdiction
    to review such a determination or revocation except in a proceeding for
    review of a final order of removal pursuant to section 1252 of this
    title, and review shall be limited to the extent provided in section
    1252(a)(2)(D). The Secretary of State may not exercise the discretion
    provided in this clause with respect to an alien at any time during
    which the alien is the subject of pending removal proceedings under
    section 1229a of this title.''.
        (b) Automatic Relief for the Hmong and Other Groups That Do Not Pose
    a Threat to the United States.--For purposes of section 212(a)(3)(B) of
    the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)), the Karen
    National Union/Karen Liberation Army (KNU/KNLA), the Chin National
    Front/Chin National Army (CNF/CNA), the Chin National League for
    Democracy (CNLD), the Kayan New Land Party (KNLP), the Arakan Liberation
    Party (ALP), the Mustangs, the Alzados, the Karenni National Progressive
    Party, and appropriate groups affiliated with the Hmong and the
    Montagnards shall not be considered to be a terrorist organization on
    the basis of any act or event occurring before the date of enactment of
    this section. Nothing in this subsection may be construed to alter or
    limit the authority of the Secretary of State or the Secretary of
    Homeland Security to exercise his discretionary authority pursuant to
    section 212(d)(3)(B)(i) of the Immigration and Nationality Act (8 U.S.C.
    1182(d)(3)(B)(i)).
        (c) Technical Correction.--Section 212(a)(3)(B)(ii) of the
    Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B)(ii)) is amended
    by striking ``Subclause (VII)'' and inserting ``Subclause (IX)''.
        (d) Designation of the Taliban as a Terrorist Organization.--For
    purposes of section 212(a)(3)(B) of the Immigration and Nationality Act
    (8 U.S.C. 1182(a)(3)(B)), the Taliban shall be considered to be a
    terrorist organization described in subclause (I) of clause (vi) of that
    section.
        (e) Report <<NOTE: 8 USC 1182 note.>> on Duress Waivers.--The
    Secretary of Homeland Security shall provide to the Committees on the
    Judiciary of the United States Senate and House of Representatives a
    report, not less than 180 days after the enactment of this Act and every
    year thereafter, which may include a classified annex, if appropriate,
    describing--
                (1) the number of individuals subject to removal from the
            United States for having provided material support to a
            terrorist group who allege that such support was provided under
            duress;
                (2) a breakdown of the types of terrorist organizations to
            which the individuals described in paragraph (1) have provided
            material support;
                (3) a description of the factors that the Department of
            Homeland Security considers when evaluating duress waivers; and
                (4) any other information that the Secretary believes that
            the Congress should consider while overseeing the Department's
            application of duress waivers.

    [[Page 121 STAT. 2366]]

        (f) Effective <<NOTE: 8 USC 1182 note.>> Date.--The amendments made
    by this section shall take effect on the date of enactment of this
    section, and these amendments and sections 212(a)(3)(B) and 212(d)(3)(B)
    of the Immigration and Nationality Act (8 U.S.C. 1182(a)(3)(B) and
    1182(d)(3)(B)), as amended by these sections, shall apply to--
                (1) removal proceedings instituted before, on, or after the
            date of enactment of this section; and
                (2) acts and conditions constituting a ground for
            inadmissibility, excludability, deportation, or removal
            occurring or existing before, on, or after such date.

                      report on anti-corruption activities

        Sec. 692. Not later than August 1, 2008, the Secretary of State, in
    consultation with the Administrator of the United States Agency for
    International Development and the Chief Executive Officer of the
    Millennium Challenge Corporation, shall submit to the Committees on
    Appropriations a report on the level of corruption in each country that
    receives development assistance appropriated in this Act.

               democracy, the rule of law, and governance in iran

        Sec. 693. Of the funds appropriated in this Act, $60,000,000 should
    be made available for programs to promote democracy, the rule of law,
    and governance in Iran.

                  denial of visas related to removal of aliens

        Sec. 694. None of the funds made available in this Act may be
    expended in violation of section 243(d) of the Immigration and
    Nationality Act (8 U.S.C. 1253(d)) (relating to discontinuing granting
    visas to nationals of countries that are denying or delaying accepting
    aliens removed from the United States).

                       UNITED NATIONS HUMAN RIGHTS COUNCIL

        Sec. 695. (a) None of the funds appropriated by this Act may be made
    available for a United States contribution to the United Nations Human
    Rights Council.
        (b) The prohibition under subsection (a) shall not apply if--
                (1) <<NOTE: Certification.>> the Secretary of State
            certifies to the Committees on Appropriations that the provision
            of funds to support the United Nations Human Rights Council is
            in the national interest of the United States; or
                (2) the United States is a member of the Human Rights
            Council.

                     Attendance at International Conferences

        Sec. 696. None of the funds made available in this Act may be used
    to send or otherwise pay for the attendance of more than 50 employees of
    agencies or departments of the United States Government who are
    stationed in the United States, at any single international conference
    occurring outside the United States, unless the Secretary of State
    determines that such attendance is in the national interest: Provided,
    That for purposes of this section the term ``international conference''
    shall mean a conference attended

    [[Page 121 STAT. 2367]]

    by representatives of the United States Government and representatives
    of foreign governments, international organizations, or nongovernmental
    organizations.

                                  SAUDI ARABIA

        Sec. 697. None of the funds appropriated or otherwise made available
    pursuant to this Act shall be obligated or expended to finance any
    assistance to Saudi <<NOTE: President. Waiver
    authority. Certification. Deadline.>> Arabia: Provided, That the
    President may waive the prohibition of this section if the President
    certifies to the Committees on Appropriations, 15 days prior to the
    obligation of funds for assistance for Saudi Arabia, that Saudi Arabia
    is cooperating with efforts to combat international terrorism and that
    the proposed assistance will help facilitate that effort.

                                  Central Asia

        Sec. 698. (a) <<NOTE: Kazakhstan. Reports. Human rights.>> Funds
    appropriated by this Act may be made available for assistance for the
    Government of Kazakhstan only if the Secretary of State determines and
    reports to the Committees on Appropriations that the Government of
    Kazakhstan has made significant improvements in the protection of human
    rights and civil liberties during the preceding 6 month period,
    including by fulfilling obligations recommended by the Organization for
    Security and Cooperation in Europe (OSCE) in the areas of election
    procedures, media freedom, freedom of religion, free assembly and
    minority rights, and by meeting the commitments it made in connection
    with its assumption of the Chairmanship of the OSCE in 2010.

        (b) <<NOTE: Waiver authority.>> The Secretary of State may waive
    subsection (a) if the Secretary determines and reports to the Committees
    on Appropriations that such a waiver is important to the national
    security of the United States.

        (c) <<NOTE: Deadline.>> Not later than October 1, 2008, the
    Secretary of State shall submit a report to the Committees on
    Appropriations and the Committee on Foreign Relations of the Senate and
    the Committee on Foreign Affairs of the House of Representatives
    describing the following:
                (1) The defense articles, defense services, and financial
            assistance provided by the United States to the countries of
            Central Asia during the 12-month period ending 30 days prior to
            submission of such report.
                (2) The use during such period of defense articles, defense
            services, and financial assistance provided by the United States
            by units of the armed forces, border guards, or other security
            forces of such countries.

        (d) For purposes of this section, the term ``countries of Central
    Asia'' means Uzbekistan, Kazakhstan, Kyrgyz Republic, Tajikistan, and
    Turkmenistan.

                               disability programs

        Sec. 699. (a) Of the funds appropriated by this Act under the
    heading ``Economic Support Fund'', not less than $4,000,000 shall be
    made available for programs and activities administered by the United
    States Agency for International Development (USAID) to address the needs
    and protect the rights of people with disabilities in developing
    countries, of which $1,500,000 should

    [[Page 121 STAT. 2368]]

    be made available to disability advocacy organizations that have
    expertise in working to protect the rights and increasing the
    independence and full participation of people with disabilities:
    Provided, That funds for disability advocacy organizations should be
    used for training and technical assistance for foreign disabled persons
    organizations in such areas as advocacy, education, independent living,
    and transportation, with the goal of promoting equal participation of
    people with disabilities in developing countries: Provided further, That
    USAID should seek to disburse at least 25 percent of the funds made
    available pursuant to this subsection in the form of small grants.
        (b) Funds appropriated under the heading ``Operating Expenses of the
    United States Agency for International Development'' shall be made
    available to develop and implement training for staff in overseas USAID
    missions to promote the full inclusion and equal participation of people
    with disabilities in developing countries.
        (c) The Secretary of State, the Secretary of the Treasury, and the
    Administrator of USAID shall seek to ensure that, where appropriate,
    construction projects funded by this Act are accessible to people with
    disabilities and in compliance with the USAID Policy on Standards for
    Accessibility for the Disabled, or other similar accessibility
    standards.
        (d) Of the funds made available pursuant to subsection (a), not more
    than 7 percent may be for management, oversight and technical support.
        (e) <<NOTE: Deadline. Reports.>> Not later than 180 days after the
    date of enactment of this Act, and 180 days thereafter, the
    Administrator of USAID shall submit a report describing the programs,
    activities, and organizations funded pursuant to this section.

                    ORPHANS, DISPLACED AND ABANDONED CHILDREN

        Sec. 699A. Of the funds appropriated under title III of this Act,
    $3,000,000 should be made available for activities to improve the
    capacity of foreign government agencies and nongovernmental
    organizations to prevent child abandonment, address the needs of
    orphans, displaced and abandoned children and provide permanent homes
    through family reunification, guardianship and domestic adoptions:
    Provided, That funds made available under title III of this Act should
    be made available, as appropriate, consistent with--
                (1) the goal of enabling children to remain in the care of
            their family of origin, but when not possible, placing children
            in permanent homes through adoption;
                (2) the principle that such placements should be based on
            informed consent which has not been induced by payment or
            compensation;
                (3) the view that long-term foster care or
            institutionalization are not permanent options and should be
            used when no other suitable permanent options are available; and
                (4) the recognition that programs that protect and support
            families can reduce the abandonment and exploitation of
            children.

    [[Page 121 STAT. 2369]]

      advisor for activities relating to indigenous peoples internationally

        Sec. 699B. (a) Advisor.--After <<NOTE: Deadline. Establishment. 22
    USC 2651a note.>> consultation with the Committees on Appropriations and
    not later than 90 days after the enactment of this Act, there shall be
    established within the Department of State in the immediate office of
    the Director of United States Foreign Assistance an Advisor for
    Activities Relating to Indigenous Peoples Internationally (hereinafter
    in this section referred to as the ``Advisor''), who shall be appointed
    by the Director. The Advisor shall report directly to the Director.

        (b) Responsibilities.--The Advisor shall:
                (1) Advise the Director of United States Foreign Assistance
            and the Administrator of the United States Agency for
            International Development on matters relating to the rights and
            needs of indigenous peoples internationally and should represent
            the United States Government on such matters in meetings with
            foreign governments and multilateral institutions.
                (2) Provide for the oversight and coordination of all
            resources, programs, projects, and activities of the United
            States Government to protect the rights and address the needs of
            indigenous peoples internationally.
                (3) Develop and coordinate assistance strategies with
            specific goals, guidelines, benchmarks, and impact assessments
            (including support for local indigenous peoples' organizations).

        (c) Funds.--Of the funds appropriated by this Act under the heading
    ``Diplomatic and Consular Programs'', not less than $250,000 shall be
    made available for implementing the provisions of this section.
        (d) Report.--Not later than one year after the enactment of this
    Act, the Secretary shall submit a report to the Committees on
    Appropriations describing progress made in implementing this section.

                                 CHILD SOLDIERS

        Sec. 699C. (a) None of the funds appropriated or otherwise made
    available for foreign military financing, foreign military sales, direct
    commercial sales, or excess Defense articles by this Act or any other
    Act making appropriations for foreign operations, export financing, and
    related programs may be obligated or otherwise made available to the
    government of a country that is identified by the Department of State in
    the Department of State's most recent Country Reports on Human Rights
    Practices as having governmental armed forces or government supported
    armed groups, including paramilitaries, militias, or civil defense
    forces, that recruit or use child soldiers.
        (b) The Secretary of State may provide assistance or defense
    articles otherwise prohibited under subsection (a) to a country upon
    certifying to the Committees on Appropriations that the government of
    such country has implemented effective measures to demobilize children
    from its forces or from government-supported armed groups and prohibit
    and prevent the future recruitment or use of child soldiers.

    [[Page 121 STAT. 2370]]

        (c) <<NOTE: Waiver authority. Reports.>> The Secretary of State may
    waive the application to a country of the prohibition in subsection (a)
    if the Secretary determines and reports to the Committees on
    Appropriations that such waiver is important to the national interest of
    the United States.

                               funding for serbia

        Sec. 699D. <<NOTE: President. Certification.>> (a) Funds
    appropriated by this Act may be made available for assistance for the
    central Government of Serbia after May 31, 2008, if the President has
    made the determination and certification contained in subsection (c).

        (b) After May 31, 2008, the Secretary of the Treasury should
    instruct the United States executive directors to the international
    financial institutions to support loans and assistance to the Government
    of Serbia subject to the conditions in subsection (c).
        (c) The determination and certification referred to in subsection
    (a) is a determination by the President and a certification to the
    Committees on Appropriations that the Government of Serbia is--
                (1) cooperating with the International Criminal Tribunal for
            the former Yugoslavia including access for investigators, the
            provision of documents, timely information on the location,
            movement, and sources of financial support of indictees, and the
            surrender and transfer of indictees or assistance in their
            apprehension, including Ratko Mladic and Radovan Karadzic;
                (2) taking steps that are consistent with the Dayton Accords
            to end Serbian financial, political, security and other support
            which has served to maintain separate Republika Srpska
            institutions; and
                (3) taking steps to implement policies which reflect a
            respect for minority rights and the rule of law.

        (d) This section shall not apply to Kosovo, humanitarian assistance
    or assistance to promote democracy.

                                   PHILIPPINES

        Sec. 699E. <<NOTE: Reports.>> Of the funds appropriated by this Act
    under the heading ``Foreign Military Financing Program'', not to exceed
    $30,000,000 may be made available for assistance for the Philippines, of
    which $2,000,000 may only be made available after the Secretary of State
    reports to the Committees on Appropriations that--
                (1) the Philippine Government is implementing the
            recommendations of the United Nations Special Rapporteur on
            Extrajudicial, Summary or Arbitrary Executions;
                (2) the Philippine Government is implementing a policy of
            promoting military personnel who demonstrate professionalism and
            respect for human rights, and is investigating and prosecuting
            military personnel and others who have been credibly alleged to
            have committed extrajudicial executions or other violations of
            human rights; and
                (3) the Philippine military is not engaging in acts of
            intimidation or violence against members of legal organizations
            who advocate for human rights.

                                    PAKISTAN

        Sec. 699F. (a) Of the funds appropriated by this Act under the
    heading ``Foreign Military Financing Program'', up to

    [[Page 121 STAT. 2371]]

    $300,000,000 may be made available for assistance for Pakistan as
    follows:
        (b) <<NOTE: Reports.>> Of the amount provided in subsection (a),
    $250,000,000 may be made available immediately for counter-terrorism and
    law enforcement activities directed against Al Qaeda and the Taliban and
    associated terrorist groups, and $50,000,000 may be made available for
    such purposes after the Secretary of State reports to the Committees on
    Appropriations that the Government of Pakistan--
                (1) is making concerted efforts to prevent Al Qaeda and
            associated terrorist groups from operating in the territory of
            Pakistan, including by eliminating terrorist training camps or
            facilities, arresting members of Al Qaeda and associated
            terrorist groups, and countering recruitment efforts;
                (2) is making concerted efforts to prevent the Taliban from
            using the territory of Pakistan as a sanctuary from which to
            launch attacks within Afghanistan, including by arresting
            Taliban leaders, stopping cross-border incursions, and
            countering recruitment efforts; and
                (3) is implementing democratic reforms, including--
                        (A) restoring the Constitution of Pakistan and
                    ensuring freedoms of expression and assembly and other
                    civil liberties guaranteed by the Constitution;
                        (B) releasing political detainees and allowing
                    inclusive democratic elections;
                        (C) ending harassment and detention of journalists,
                    human rights defenders and government critics by
                    security and intelligence forces; and
                        (D) restoring an independent judiciary and ending
                    interference in the judicial process.

        (c) Of the funds appropriated by this Act under the heading
    ``Economic Support Fund'' for assistance for Pakistan, up to $5,000,000
    may be used for administrative expenses of the United States Agency for
    International Development: Provided, That none of the funds appropriated
    by this Act may be made available for cash transfer assistance for
    Pakistan.

                                    SRI LANKA

        Sec. 699G. <<NOTE: Certification.>> (a) None of the funds
    appropriated by this Act under the heading ``Foreign Military Financing
    Program'' may be made available for assistance for Sri Lanka, no defense
    export license may be issued, and no military equipment or technology
    shall be sold or transferred to Sri Lanka pursuant to the authorities
    contained in this Act or any other Act, unless the Secretary of State
    certifies to the Committee on Appropriations that--
                (1) the Sri Lankan military is suspending and the Sri Lankan
            Government is bringing to justice members of the military who
            have been credibly alleged to have committed gross violations of
            human rights or international humanitarian law, including
            complicity in the recruitment of child soldiers;
                (2) the Sri Lankan Government is providing access to
            humanitarian organizations and journalists throughout the
            country consistent with international humanitarian law; and
                (3) the Sri Lankan Government has agreed to the
            establishment of a field presence of the Office of the United
            Nations

    [[Page 121 STAT. 2372]]

            High Commissioner for Human Rights in Sri Lanka with sufficient
            staff and mandate to conduct full and unfettered monitoring
            throughout the country and to publicize its findings.

        (b) Subsection (a) shall not apply to technology or equipment made
    available for the limited purposes of maritime and air surveillance and
    communications.

                         MULTILATERAL DEVELOPMENT BANKS

        Sec. 699H. (a) World Bank Inspection Panel.--The Secretary of the
    Treasury shall instruct the United States Executive Director to the
    World Bank to inform the Bank of, and use the voice and vote of the
    United States to achieve transparency reforms of the selection process
    for members of the World Bank Inspection Panel, including--
                (1) posting Inspection Panel position vacancy announcements
            on the Inspection Panel's website and in publications that have
            wide circulation in member countries;
                (2) making public official procedures for the selection of
            Inspection Panel vacancies; and
                (3) posting on the Inspection Panel's website the names of
            the members of the selection committee and the name or names of
            the individuals proposed by the selection committee to the
            President of the World Bank.

        (b) Authorizations.--
                (1) Section 501(i) of title V of H.R. 3425 as enacted into
            law by section 1000(a)(5) of Public Law 106-113, as amended by
            section 591(b) of division D of Public Law 108-447, <<NOTE: 22
            USC 2395a note.>> is further amended by striking ``fiscal'' and
            all that follows through ``which'' and inserting in lieu thereof
            ``fiscal years 2000-2010, which''.
                (2) Section 801(b)(1)(ii) of Public Law 106-429, as amended
            by section 591(a)(2) of division D of Public Law <<NOTE: 114
            Stat. 1900A-64.>> 108-447, is further amended by striking
            ``fiscal years 2004-2006'' and by inserting in lieu thereof
            ``fiscal years 2004-2010''.

                        MILLENNIUM CHALLENGE CORPORATION

        Sec. 699I. (a) Section 607(b) of the Millennium Challenge Act of
    2003 (22 U.S.C. 7706) is amended--
                (1) in paragraph (2)(B) by striking ``and the sustainable
            management of natural resources''; and
                (2) in paragraph (3)--
                        (A) in subparagraph (A), by striking ``and'';
                        (B) in subparagraph (B), by striking the period and
                    inserting ``; and''; and
                        (C) by adding the following subparagraph:
                        ``(C) promote the protection of biodiversity and the
                    transparent and sustainable management and use of
                    natural resources.''.

        (b)(1) <<NOTE: Deadline. Reports.>> The Chief Executive Officer of
    the Millennium Challenge Corporation shall, not later than 30 days
    following enactment of this Act, submit to the Committees on
    Appropriations a report on the proposed uses, on a country-by-country
    basis, of all funds appropriated under the heading ``Millennium
    Challenge Corporation'' in this Act or prior Acts making appropriations
    for foreign operations, export financing, and related programs projected
    to

    [[Page 121 STAT. 2373]]

    be obligated and expended in fiscal year 2008 and subsequent fiscal
    years.

        (2) The report required in paragraph (1) shall include, at a
    minimum, a description of--
                (A) compacts in development, including the status of
            negotiations and the approximate range of value of the proposed
            compact;
                (B) compacts in implementation, including the projected
            expenditure and disbursement of compact funds during fiscal year
            2008 and subsequent fiscal years as determined by the country
            compact;
                (C) threshold country programs in development, including the
            approximate range of value of the threshold country agreement;
                (D) threshold country programs in implementation;
                (E) use of administrative funds.

        (3) The <<NOTE: Notification. Deadline.>> Chief Executive Officer of
    the Millennium Challenge Corporation shall notify the Committees on
    Appropriations not later than 15 days prior to signing any new country
    compact or new threshold country program; terminating or suspending any
    country compact or threshold country program; or commencing negotiations
    for any new compact or threshold country program.

        (4) <<NOTE: Reports. Deadline.>> The report required in paragraph
    (1) shall be updated on a quarterly basis.

                 CARRY FORWARD OF UNUSED SPECIAL IMMIGRANT VISAS

        Sec. 699J. Section 1059(c) of the National Defense Authorization Act
    for Fiscal Year 2006 (8 U.S.C. 1101 note) is amended by adding at the
    end the following:
                ``(3) Carry forward.--If the numerical limitation described
            in paragraph (1) is not reached during a given fiscal year, the
            numerical limitation for the following fiscal year shall be
            increased by a number equal to the difference between the number
            of visas authorized for the given fiscal year and the number of
            aliens provided special immigrant status during the given fiscal
            year.''.

                                      IRAQ

        Sec. 699K. (a) None of the funds appropriated or otherwise made
    available by this Act may be made available for assistance for Iraq.
        (b) Subsection (a) shall not apply to funds appropriated by this Act
    under the heading ``Economic Support Fund'' that are made available to
    rescue Iraqi scholars and for the fund established by section 2108 of
    Public Law 109-13, to funds made available under the heading
    ``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' for
    the removal and disposal of land mines and other unexploded ordnance,
    small arms and light weapons in Iraq, or for assistance for refugees and
    internally displaced persons.

                                anti-kleptocracy

        Sec. 699L. <<NOTE: Records. 8 USC 1182 note.>> (a) In furtherance of
    the National Strategy to Internationalize Efforts Against Kleptocracy
    and Presidential Proclamation 7750, the Secretary of State shall compile
    and maintain a

    [[Page 121 STAT. 2374]]

    list of officials of foreign governments and their immediate family
    members who the Secretary determines there is credible evidence to
    believe have been involved in corruption relating to the extraction of
    natural resources in their countries.

        (b) Any individual on the list submitted under subsection (a) shall
    be ineligible for admission to the United States.
        (c) <<NOTE: Waiver authority.>> The Secretary may waive the
    application of subsection (a) if the Secretary determines that admission
    to the United States is necessary to attend the United Nations or to
    further United States law enforcement objectives, or that the
    circumstances which caused the individual to be included on the list
    have changed sufficiently to justify the removal of the individual from
    the list.

        (d) Not <<NOTE: Deadline. Reports.>> later than 90 days after
    enactment of this Act and 180 days thereafter, the Secretary of State
    shall submit a report, in classified form if necessary, to the
    Committees on Appropriations describing the evidence considered in
    determining involvement pursuant to subsection (a).

            COMPREHENSIVE NUCLEAR THREAT REDUCTION AND SECURITY PLAN

        Sec. 699M. (a) <<NOTE: Deadline. President.>> Not later than 180
    days after the date of the enactment of this Act, the President shall
    submit to Congress a comprehensive nuclear threat reduction and security
    plan, in classified and unclassified forms--
                (1) for ensuring that all nuclear weapons and weapons-usable
            material at vulnerable sites are secure by 2012 against the
            threats that terrorists have shown they can pose; and
                (2) for working with other countries to ensure adequate
            accounting and security for such materials on an ongoing basis
            thereafter.

        (b) For each element of the accounting and security effort described
    under subsection (a)(2), the plan shall--
                (1) clearly designate agency and departmental responsibility
            and accountability;
                (2) specify program goals, with metrics for measuring
            progress, estimated schedules, and specified milestones to be
            achieved;
                (3) provide estimates of the program budget requirements and
            resources to meet the goals for each year; and
                (4) provide the strategy for diplomacy and related tools and
            authority to accomplish the program element;
                (5) provide a strategy for expanding the financial support
            and other assistance provided by other countries, particularly
            Russia, the European Union and its member states, China, and
            Japan, for the purposes of securing nuclear weapons and weapons-
            usable material worldwide; and
                (6) outline the progress in and impediments to securing
            agreement from all countries that possess nuclear weapons or
            weapons-usable material on a set of global nuclear security
            standards, consistent with their obligation to comply with
            United Nations Security Council Resolution 1540.

                       PROHIBITION ON PROMOTION OF TOBACCO

        Sec. 699N. None of the funds provided by this Act shall be available
    to promote the sale or export of tobacco or tobacco products, or to seek
    the reduction or removal by any foreign country of restrictions on the
    marketing of tobacco or tobacco products,

    [[Page 121 STAT. 2375]]

    except for restrictions which are not applied equally to all tobacco or
    tobacco products of the same type.

                          UNOBLIGATED FUNDS RESCISSIONS

        Sec. 699O. (a) Of the funds appropriated under the heading ``Subsidy
    Appropriation'' for the Export-Import Bank of the United States that are
    available for tied-aid grants in title I of Public Law 107-115 and under
    such heading in prior Acts making appropriations for foreign operations,
    export financing, and related programs, $25,000,000 are rescinded.
        (b) Of the funds appropriated under the heading ``Economic Support
    Fund'' in prior Acts making appropriations for foreign operations,
    export financing, and related programs, $133,000,000 are rescinded.

                           ACROSS-THE-BOARD RESCISSION

        Sec. 699P. (a) Bill-wide Rescissions.--There is hereby rescinded an
    amount equal to .81 percent of the budget authority provided for fiscal
    year 2008 for any discretionary account in this Act.
        (b) Proportionate Application.--Any rescission made by subsection
    (a) shall be applied proportionately--
                (1) to each discretionary account and each item of budget
            authority described in subsection (a); and
                (2) within each such account and item, to each program,
            project, and activity (with programs, projects, and activities
            as delineated in the appropriation Act or accompanying
            explanatory statements for the relevant fiscal year covering
            such account or item, or for accounts and items not included in
            appropriation Acts, as delineated in the most recently submitted
            President's budget).

        (c) OMB Report.--Within 30 days after the date of the enactment of
    this section, the Director of the Office of Management and Budget shall
    submit to the Committees on Appropriations a report specifying the
    account and amount of each rescission made pursuant to this section.
        (d) Exception.--The rescission in subsection (a) shall not apply to
    funds provided in this Act designated as described in section 5 (in the
    matter preceding division A of this consolidated Act).
        This division may be cited as the ``Department of State, Foreign
    Operations, and Related Programs Appropriations Act, 2008''.

     DIVISION K--TRANSPORTATION, <<NOTE: Transportation, Housing and Urban
     Development, and Related Agencies Appropriations Act, 2008.>> HOUSING
    AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2008

    TITLE <<NOTE: Department of Transportation Appropriations Act, 2008.>> I

                          DEPARTMENT OF TRANSPORTATION

                             Office of the Secretary

                              Salaries and Expenses

        For necessary expenses of the Office of the Secretary, $91,782,000,
    of which not to exceed $2,310,000 shall be available for the immediate
    Office of the Secretary; not to exceed $730,000

    [[Page 121 STAT. 2376]]

    shall be available for the immediate Office of the Deputy Secretary; not
    to exceed $18,720,000 shall be available for the Office of the General
    Counsel; not to exceed $9,874,000 shall be available for the Office of
    the Under Secretary of Transportation for Policy; not to exceed
    $9,417,000 shall be available for the Office of the Assistant Secretary
    for Budget and Programs; not to exceed $2,383,000 shall be available for
    the Office of the Assistant Secretary for Governmental Affairs; not to
    exceed $23,750,000 shall be available for the Office of the Assistant
    Secretary for Administration; not to exceed $1,986,000 shall be
    available for the Office of Public Affairs; not to exceed $1,516,000
    shall be available for the Office of the Executive Secretariat; not to
    exceed $1,335,000 shall be available for the Office of Small and
    Disadvantaged Business Utilization; not to exceed $7,874,000 for the
    Office of Intelligence, Security, and Emergency Response; and not to
    exceed $11,887,000 shall be available for the Office of the Chief
    Information Officer: Provided, That the Secretary of Transportation is
    authorized to transfer funds appropriated for any office of the Office
    of the Secretary to any other office of the Office of the Secretary:
    Provided further, That no appropriation for any office shall be
    increased or decreased by more than 5 percent by all such transfers:
    Provided further, That <<NOTE: Notification.>> notice of any change in
    funding greater than 5 percent shall be submitted for approval to the
    House and Senate Committees on Appropriations: Provided further, That
    not to exceed $60,000 shall be for allocation within the Department for
    official reception and representation expenses as the Secretary may
    determine: Provided further, That notwithstanding any other provision of
    law, excluding fees authorized in Public Law 107-71, there may be
    credited to this appropriation up to $2,500,000 in funds received in
    user fees: Provided further, That none of the funds provided in this Act
    shall be available for the position of Assistant Secretary for Public
    Affairs.

                             Office of Civil Rights

        For necessary expenses of the Office of Civil Rights, $9,140,900.

               Transportation Planning, Research, and Development

        For necessary expenses for conducting transportation planning,
    research, systems development, development activities, and making
    grants, to remain available until expended, $13,883,900.

                              Working Capital Fund

        Necessary expenses for operating costs and capital outlays of the
    Working Capital Fund, not to exceed $128,094,000, shall be paid from
    appropriations made available to the Department of Transportation:
    Provided, That such services shall be provided on a competitive basis to
    entities within the Department of Transportation: Provided further, That
    the above limitation on operating expenses shall not apply to non-DOT
    entities: Provided further, That no funds appropriated in this Act to an
    agency of the Department shall be transferred to the Working Capital
    Fund without the approval of the agency modal administrator: Provided
    further, That no assessments may be levied against any program, budget
    activity, subactivity or project funded by this Act unless notice of
    such assessments and the basis therefor are presented to the

    [[Page 121 STAT. 2377]]

    House and Senate Committees on Appropriations and are approved by such
    Committees.

                    Minority Business Resource Center Program

        For the cost of guaranteed loans, $370,000, as authorized by 49
    U.S.C. 332: Provided, That such costs, including the cost of modifying
    such loans, shall be as defined in section 502 of the Congressional
    Budget Act of 1974: Provided further, That these funds are available to
    subsidize total loan principal, any part of which is to be guaranteed,
    not to exceed $18,367,000. In addition, for administrative expenses to
    carry out the guaranteed loan program, $523,000.

                           Minority Business Outreach

        For necessary expenses of Minority Business Resource Center outreach
    activities, $2,970,000, to remain available until September 30, 2009:
    Provided, That notwithstanding 49 U.S.C. 332, these funds may be used
    for business opportunities related to any mode of transportation.

                            Payments to Air Carriers

                         (Airport and Airway Trust Fund)

                          (including transfer of funds)

        In addition to funds made available from any other source to carry
    out the essential air service program under 49 U.S.C. 41731 through
    41742, $60,000,000, to be derived from the Airport and Airway Trust
    Fund, to remain available until expended: Provided, That, in determining
    between or among carriers competing to provide service to a community,
    the Secretary may consider the relative subsidy requirements of the
    carriers: Provided further, That, if the funds under this heading are
    insufficient to meet the costs of the essential air service program in
    the current fiscal year, the Secretary shall transfer such sums as may
    be necessary to carry out the essential air service program from any
    available amounts appropriated to or directly administered by the Office
    of the Secretary for such fiscal year.

                          compensation for air carriers

                                  (rescission)

        Of the remaining unobligated balances under section 101(a)(2) of
    Public Law 107-42, $22,000,000 are rescinded.

      Administrative Provisions--Office of the Secretary of Transportation

        Sec. 101. The Secretary of Transportation is authorized to transfer
    the unexpended balances available for the bonding assistance program
    from ``Office of the Secretary, Salaries and expenses'' to ``Minority
    Business Outreach''.
        Sec. 102. None of the funds made available in this Act to the
    Department of Transportation may be obligated for the Office of the
    Secretary of Transportation to approve assessments or reimbursable
    agreements pertaining to funds appropriated to the

    [[Page 121 STAT. 2378]]

    modal administrations in this Act, except for activities underway on the
    date of enactment of this Act, unless such assessments or agreements
    have completed the normal reprogramming process for Congressional
    notification.
        Sec. 103. None of the funds made available under this Act may be
    obligated or expended to establish or implement a program under which
    essential air service communities are required to assume subsidy costs
    commonly referred to as the EAS local participation program.

                         Federal Aviation Administration

                                   Operations

                         (airport and airway trust fund)

        For necessary expenses of the Federal Aviation Administration, not
    otherwise provided for, including operations and research activities
    related to commercial space transportation, administrative expenses for
    research and development, establishment of air navigation facilities,
    the operation (including leasing) and maintenance of aircraft,
    subsidizing the cost of aeronautical charts and maps sold to the public,
    lease or purchase of passenger motor vehicles for replacement only, in
    addition to amounts made available by Public Law 108-176,
    $8,740,000,000, of which $6,397,060,900 shall be derived from the
    Airport and Airway Trust Fund, of which not to exceed $6,969,638,000
    shall be available for air traffic organization activities; not to
    exceed $1,082,602,000 shall be available for aviation safety activities;
    not to exceed $12,549,000 shall be available for commercial space
    transportation activities; not to exceed $100,593,000 shall be available
    for financial services activities; not to exceed $91,214,000 shall be
    available for human resources program activities; not to exceed
    $286,848,000 shall be available for region and center operations and
    regional coordination activities; not to exceed $162,351,000 shall be
    available for staff offices; and not to exceed $38,650,000 shall be
    available for information services: Provided, That not to exceed 2
    percent of any budget activity, except for aviation safety budget
    activity, may be transferred to any budget activity under this heading:
    Provided further, That no transfer may increase or decrease any
    appropriation by more than 2 percent: Provided further, That any
    transfer in excess of 2 percent shall be treated as a reprogramming of
    funds under section 405 of this Act and shall not be available for
    obligation or expenditure except in compliance with the procedures set
    forth in that section: Provided further, That the Secretary utilize not
    less than $6,000,000 of the funds provided for aviation safety
    activities to pay for staff increases in the Office of Aviation Flight
    Standards and the Office of Aircraft Certification: Provided further,
    That not later than <<NOTE: Deadlines. Reports. 49 USC 44506
    note.>> March 31 of each fiscal year hereafter, the Administrator of the
    Federal Aviation Administration shall transmit to Congress an annual
    update to the report submitted to Congress in December 2004 pursuant to
    section 221 of Public Law 108-176: Provided further, That the amount
    herein appropriated shall be reduced by $100,000 for each day after
    March 31 that such report has not been submitted to the Congress:
    Provided further, That funds may be used to enter into a grant agreement
    with a nonprofit standard-setting organization to assist in the
    development of aviation safety standards: Provided further, That none

    [[Page 121 STAT. 2379]]

    of the funds in this Act shall be available for new applicants for the
    second career training program: Provided further, That none of the funds
    in this Act shall be available for the Federal Aviation Administration
    to finalize or implement any regulation that would promulgate new
    aviation user fees not specifically authorized by law after the date of
    the enactment of this Act: Provided further, That there may be credited
    to this appropriation funds received from States, counties,
    municipalities, foreign authorities, other public authorities, and
    private sources, for expenses incurred in the provision of agency
    services, including receipts for the maintenance and operation of air
    navigation facilities, and for issuance, renewal or modification of
    certificates, including airman, aircraft, and repair station
    certificates, or for tests related thereto, or for processing major
    repair or alteration forms: Provided further, That of the funds
    appropriated under this heading, not less than $8,500,000 shall be for
    the contract tower cost-sharing program: Provided further, That none of
    the funds in this Act shall be available for paying premium pay under 5
    U.S.C. 5546(a) to any Federal Aviation Administration employee unless
    such employee actually performed work during the time corresponding to
    such premium pay: Provided further, That none of the funds in this Act
    for aeronautical charting and cartography are available for activities
    conducted by, or coordinated through, the Working Capital Fund: Provided
    further, That none of the funds in this Act may be obligated or expended
    for an employee of the Federal Aviation Administration to purchase a
    store gift card or gift certificate through use of a Government-issued
    credit card.

                            Facilities and Equipment

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for acquisition,
    establishment, technical support services, improvement by contract or
    purchase, and hire of air navigation and experimental facilities and
    equipment, as authorized under part A of subtitle VII of title 49,
    United States Code, including initial acquisition of necessary sites by
    lease or grant; engineering and service testing, including construction
    of test facilities and acquisition of necessary sites by lease or grant;
    construction and furnishing of quarters and related accommodations for
    officers and employees of the Federal Aviation Administration stationed
    at remote localities where such accommodations are not available; and
    the purchase, lease, or transfer of aircraft from funds available under
    this heading, including aircraft for aviation regulation and
    certification; to be derived from the Airport and Airway Trust Fund,
    $2,513,611,000, of which $2,053,638,000 shall remain available until
    September 30, 2010, and of which $459,973,000 shall remain available
    until September 30, 2008: Provided, That there may be credited to this
    appropriation funds received from States, counties, municipalities,
    other public authorities, and private sources, for expenses incurred in
    the establishment and modernization of air navigation facilities:
    Provided further, That <<NOTE: Investment plan.>>  upon initial
    submission to the Congress of the fiscal year 2009 President's budget,
    the Secretary of Transportation shall transmit to the Congress a
    comprehensive capital investment plan for the Federal Aviation
    Administration which includes funding for each budget line item for
    fiscal years 2009

    [[Page 121 STAT. 2380]]

    through 2013, with total funding for each year of the plan constrained
    to the funding targets for those years as estimated and approved by the
    Office of Management and Budget.

                     Research, Engineering, and Development

                         (airport and airway trust fund)

        For necessary expenses, not otherwise provided for, for research,
    engineering, and development, as authorized under part A of subtitle VII
    of title 49, United States Code, including construction of experimental
    facilities and acquisition of necessary sites by lease or grant,
    $146,828,100, to be derived from the Airport and Airway Trust Fund and
    to remain available until September 30, 2010: Provided, That there may
    be credited to this appropriation as offsetting collections, funds
    received from States, counties, municipalities, other public
    authorities, and private sources, which shall be available for expenses
    incurred for research, engineering, and development.

                           Grants-in-Aid for Airports

                     (liquidation of contract authorization)

                           (limitation on obligations)

                         (airport and airway trust fund)

        For liquidation of obligations incurred for grants-in-aid for
    airport planning and development, and noise compatibility planning and
    programs as authorized under subchapter I of chapter 471 and subchapter
    I of chapter 475 of title 49, United States Code, and under other law
    authorizing such obligations; for procurement, installation, and
    commissioning of runway incursion prevention devices and systems at
    airports of such title; for grants authorized under section 41743 of
    title 49, United States Code; and for inspection activities and
    administration of airport safety programs, including those related to
    airport operating certificates under section 44706 of title 49, United
    States Code, $4,399,000,000 to be derived from the Airport and Airway
    Trust Fund and to remain available until expended: Provided, That none
    of the funds under this heading shall be available for the planning or
    execution of programs the obligations for which are in excess of
    $3,514,500,000 in fiscal year 2008, notwithstanding section 47117(g) of
    title 49, United States Code: Provided further, That none of the funds
    under this heading shall be available for the replacement of baggage
    conveyor systems, reconfiguration of terminal baggage areas, or other
    airport improvements that are necessary to install bulk explosive
    detection systems: Provided further, That notwithstanding any other
    provision of law, of funds limited under this heading, not more than
    $80,676,000 shall be obligated for administration, not less than
    $10,000,000 shall be available for the airport cooperative research
    program, not less than $18,712,000 shall be for Airport Technology
    Research and $10,000,000, to remain available until expended, shall be
    available and transferred to ``Office of the Secretary, Salaries and
    Expenses'' to carry out the Small Community Air Service Development
    Program.

    [[Page 121 STAT. 2381]]

                                  (rescission)

        Of the amounts authorized under sections 48103 and 48112 of title
    49, United States Code, $185,500,000 is rescinded from amounts
    authorized for the fiscal year ending September 30, 2007, and prior
    years; and $85,000,000 is rescinded from amounts authorized for the
    fiscal year ending September 30, 2008.

           Administrative Provisions--Federal Aviation Administration

        Sec. 110. None of the funds in this Act may be used to compensate in
    excess of 425 technical staff-years under the federally funded research
    and development center contract between the Federal Aviation
    Administration and the Center for Advanced Aviation Systems Development
    during fiscal year 2008.
        Sec. 111. None of the funds in this Act shall be used to pursue or
    adopt guidelines or regulations requiring airport sponsors to provide to
    the Federal Aviation Administration without cost building construction,
    maintenance, utilities and expenses, or space in airport sponsor-owned
    buildings for services relating to air traffic control, air navigation,
    or weather reporting: Provided, That the prohibition of funds in this
    section does not apply to negotiations between the agency and airport
    sponsors to achieve agreement on ``below-market'' rates for these items
    or to grant assurances that require airport sponsors to provide land
    without cost to the FAA for air traffic control facilities.
        Sec. 112. The Administrator of the Federal Aviation Administration
    may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
    from fees credited under 49 U.S.C. 45303: Provided, That during fiscal
    year 2008, 49 U.S.C. 41742(b) shall not apply, and any amount remaining
    in such account at the close of that fiscal year may be made available
    to satisfy section 41742(a)(1) for the subsequent fiscal year.
        Sec. 113. Amounts collected under section 40113(e) of title 49,
    United States Code, shall be credited to the appropriation current at
    the time of collection, to be merged with and available for the same
    purposes of such appropriation.
        Sec. 114. (a) Section 44302(f)(1) of title 49, United States Code,
    is amended by striking ``2006,'' each place it appears and inserting
    ``2008,''.
        (b) Section 44303(b) of such title is amended by striking ``2006,''
    and inserting ``2008,''.
        Sec. 115. None of the funds appropriated or limited by this Act may
    be used to change weight restrictions or prior permission rules at
    Teterboro airport in Teterboro, New Jersey.
        Sec. 116. Extension of Taxes and Expenditure Authority Relating to
    Airport and Airway Trust Fund. (a) Fuel Taxes.--Subparagraph (B) of
    section 4081(d)(2) of the Internal Revenue Code of <<NOTE: 26 USC
    4081.>> 1986 is amended by striking ``September 30, 2007'' and inserting
    ``February 29, 2008''.

        (b) Ticket Taxes.--
                (1) Persons.--Clause (ii) of section 4261(j)(1)(A) of such
            Code is amended by striking ``September 30, 2007'' and inserting
            ``February 29, 2008''.
                (2) Property.--Clause (ii) of section 4271(d)(1)(A) of such
            Code is amended by striking ``September 30, 2007'' and inserting
            ``February 29, 2008''.

    [[Page 121 STAT. 2382]]

        (c) Airport and Airway Trust Fund Expenditure Authority.--
                (1) In general.--Paragraph (1) of <<NOTE: 26 USC
            9502.>> section 9502(d) of such Code is amended--
                        (A) by striking ``October 1, 2007'' and inserting
                    ``March 1, 2008'', and
                        (B) by inserting ``or the Department of
                    Transportation Appropriations Act, 2008'' in
                    subparagraph (A) before the semicolon at the end.
                (2) Conforming amendment.--Paragraph (2) of section 9502(f)
            of such Code is amended by striking ``October 1, 2007'' and
            inserting ``March 1, 2008''.

        (d) Effective <<NOTE: 26 USC 4081 note.>> Date.--The amendments made
    by this section shall take effect on October 1, 2007.

        Sec. 117. Labor <<NOTE: Applicability. 49 USC 42112
    note.>> Integration. (a) Labor Integration.--With respect to any covered
    transaction involving two or more covered air carriers that results in
    the combination of crafts or classes that are subject to the Railway
    Labor Act (45 U.S.C. 151 et seq.), sections 3 and 13 of the labor
    protective provisions imposed by the Civil Aeronautics Board in the
    Allegheny-Mohawk merger (as published at 59 C.A.B. 45) shall apply to
    the integration of covered employees of the covered air carriers; except
    that--
                (1) if the same collective bargaining agent represents the
            combining crafts or classes at each of the covered air carriers,
            that collective bargaining agent's internal policies regarding
            integration, if any, will not be affected by and will supersede
            the requirements of this section; and
                (2) the requirements of any collective bargaining agreement
            that may be applicable to the terms of integration involving
            covered employees of a covered air carrier shall not be affected
            by the requirements of this section as to the employees covered
            by that agreement, so long as those provisions allow for the
            protections afforded by sections 3 and 13 of the Allegheny-
            Mohawk provisions.

        (b) Definitions.--In this section, the following definitions apply:
                (1) Air carrier.--The term ``air carrier'' means an air
            carrier that holds a certificate issued under chapter 411 of
            title 49, United States Code.
                (2) Covered air carrier.--The term ``covered air carrier''
            means an air carrier that is involved in a covered transaction.
                (3) Covered employee.--The term ``covered employee'' means
            an employee who--
                        (A) is not a temporary employee; and
                        (B) is a member of a craft or class that is subject
                    to the Railway Labor Act (45 U.S.C. 151 et seq.).
                (4) Covered transaction.--The term ``covered transaction''
            means--
                        (A) a transaction for the combination of multiple
                    air carriers into a single air carrier; and which
                        (B) involves the transfer of ownership or control
                    of--
                              (i) 50 percent or more of the equity
                          securities (as defined in section 101 of title 11,
                          United States Code) of an air carrier; or
                              (ii) 50 percent or more (by value) of the
                          assets of the air carrier.

    [[Page 121 STAT. 2383]]

        (c) Application.--This section shall not apply to any covered
    transaction involving a covered air carrier that took place before the
    date of enactment of this Act.
        (d) Effectiveness of Provision.--This section shall become effective
    on the date of enactment of this Act and shall continue in effect in
    fiscal years after fiscal year 2008.

                         Federal Highway Administration

                      limitation on administrative expenses

        Not to exceed $377,556,000, together with advances and
    reimbursements received by the Federal Highway Administration, shall be
    paid in accordance with law from appropriations made available by this
    Act to the Federal Highway Administration for necessary expenses for
    administration and operation.

                              Federal-Aid Highways

                           (limitation on obligations)

                              (highway trust fund)

                          (including transfer of funds)

        None <<NOTE: 23 USC 104 note.>> of the funds in this Act shall be
    available for the implementation or execution of programs, the
    obligations for which are in excess of $40,216,051,359 for Federal-aid
    highways and highway safety construction programs for fiscal year 2008:
    Provided, That within the $40,216,051,359 obligation limitation on
    Federal-aid highways and highway safety construction programs, not more
    than $429,800,000 shall be available for the implementation or execution
    of programs for transportation research (chapter 5 of title 23, United
    States Code; sections 111, 5505, and 5506 of title 49, United States
    Code; and title 5 of Public Law 109-59) for fiscal year 2008: Provided
    further, That this limitation on transportation research programs shall
    not apply to any authority previously made available for obligation:
    Provided further, That the Secretary may, as authorized by section
    605(b) of title 23, United States Code, collect and spend fees to cover
    the costs of services of expert firms, including counsel, in the field
    of municipal and project finance to assist in the underwriting and
    servicing of Federal credit instruments and all or a portion of the
    costs to the Federal Government of servicing such credit instruments:
    Provided further, That such fees are available until expended to pay for
    such costs: Provided further, That such amounts are in addition to
    administrative expenses that are also available for such purpose, and
    are not subject to any obligation limitation or the limitation on
    administrative expenses under section 608 of title 23, United States
    Code.

                       (Additional Obligation Limitation)

                              (Highway Trust Fund)

        For an additional amount of obligation limitation to be distributed
    for the purpose of section 144(e) of title 23, United States Code,
    $1,000,000,000: Provided, That such obligation limitation shall be used
    only for a purpose eligible for obligation with funds apportioned under
    such section and shall be distributed in accordance with the formula in
    such section: Provided further, That such

    [[Page 121 STAT. 2384]]

    obligation limitation shall remain available for a period of three
    fiscal years and shall be in addition to the amount of any limitation
    imposed on obligations for Federal-aid highway and highway safety
    construction programs for future fiscal years: Provided further, That in
    distributing obligation authority under this paragraph, the Secretary
    shall ensure that such obligation limitation shall supplement and not
    supplant each State's planned obligations for such purposes.

                     (liquidation of contract authorization)

                              (highway trust fund)

        For carrying out the provisions of title 23, United States Code,
    that are attributable to Federal-aid highways, not otherwise provided,
    including reimbursement for sums expended pursuant to the provisions of
    23 U.S.C. 308, $41,955,051,359 or so much thereof as may be available in
    and derived from the Highway Trust Fund (other than the Mass Transit
    Account), to remain available until expended.

                                  (RESCISSION)

                              (HIGHWAY TRUST FUND)

        Of the unobligated balances of funds apportioned to each State under
    chapter 1 of title 23, United States Code, $3,150,000,000 are rescinded:
    Provided, That such rescission shall not apply to the funds distributed
    in accordance with sections 130(f) and 104(b)(5) of title 23, United
    States Code; sections 133(d)(1) and 163 of such title, as in effect on
    the day before the date of enactment of Public Law 109-59; and the first
    sentence of section 133(d)(3)(A) of such title.

                     I-35W BRIDGE REPAIR AND RECONSTRUCTION

        For necessary expenses to carry out the project for repair and
    reconstruction of the Interstate 35W bridge located in Minneapolis,
    Minnesota, that collapsed on August 1, 2007, as authorized under section
    1(c) of Public Law 110-56, up to $195,000,000, as documented by the
    Minnesota Department of Transportation to remain available until
    expended: Provided, That the amount provided under this heading is
    designated as described in section 5 (in the matter preceding division A
    of this consolidated Act): Provided further, That the Federal share of
    the costs of any project funded using amounts made available under this
    section shall be 100 percent in accordance with section 1(b) of Public
    Law 110-56.

                     APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM

        For necessary expenses for West Virginia corridor H of the
    Appalachian Development Highway System as authorized under section
    1069(y) of Public Law 102-240, as amended, $15,680,000, to remain
    available until expended.

                DELTA REGIONAL TRANSPORTATION DEVELOPMENT PROGRAM

        For necessary expenses for the Delta Regional Transportation
    Development Program as authorized under section 1308 of Public Law 109-
    59, $14,014,000, to remain available until expended.

    [[Page 121 STAT. 2385]]

            Administrative Provisions--Federal Highway Administration

                             (including rescissions)

        Sec. 120. <<NOTE: 23 USC 104 note.>> (a) For fiscal year 2008, the
    Secretary of Transportation shall--
                (1) not distribute from the obligation limitation for
            Federal-aid highways amounts authorized for administrative
            expenses and programs by section 104(a) of title 23, United
            States Code; programs funded from the administrative takedown
            authorized by section 104(a)(1) of title 23, United States Code
            (as in effect on the date before the date of enactment of the
            Safe, Accountable, Flexible, Efficient Transportation Equity
            Act: A Legacy for Users); the highway use tax evasion program;
            the programs, projects and activities funded by the set aside
            authorized by section 129 of this Act; the Bureau of
            Transportation Statistics; and additional obligation limitation
            provided in this Act for the purpose of section 144(e) of title
            23, United States Code;
                (2) not distribute an amount from the obligation limitation
            for Federal-aid highways that is equal to the unobligated
            balance of amounts made available from the Highway Trust Fund
            (other than the Mass Transit Account) for Federal-aid highways
            and highway safety programs for previous fiscal years the funds
            for which are allocated by the Secretary;
                (3) determine the ratio that--
                        (A) the obligation limitation for Federal-aid
                    highways, less the aggregate of amounts not distributed
                    under paragraphs (1) and (2), bears to
                        (B) the total of the sums authorized to be
                    appropriated for Federal-aid highways and highway safety
                    construction programs (other than sums authorized to be
                    appropriated for provisions of law described in
                    paragraphs (1) through (9) of subsection (b) and sums
                    authorized to be appropriated for section 105 of title
                    23, United States Code, equal to the amount referred to
                    in subsection (b)(10) for such fiscal year), less the
                    aggregate of the amounts not distributed under
                    paragraphs (1) and (2) of this subsection;
                (4)(A) distribute the obligation limitation for Federal-aid
            highways, less the aggregate amounts not distributed under
            paragraphs (1) and (2), for sections 1301, 1302, and 1934 of the
            Safe, Accountable, Flexible, Efficient Transportation Equity
            Act: A Legacy for Users; sections 117 (but individually for each
            project numbered 1 through 3676 listed in the table contained in
            section 1702 of the Safe, Accountable, Flexible, Efficient
            Transportation Equity Act: A Legacy for Users) and 144(g) of
            title 23, United States Code; and section 14501 of title 40,
            United States Code, so that the amount of obligation authority
            available for each of such sections is equal to the amount
            determined by multiplying the ratio determined under paragraph
            (3) by the sums authorized to be appropriated for that section
            for the fiscal year; and
                (B) distribute $2,000,000,000 for section 105 of title 23,
            United States Code;
                (5) distribute the obligation limitation provided for
            Federal-aid highways, less the aggregate amounts not distributed
            under paragraphs (1) and (2) and amounts distributed under
            paragraph (4), for each of the programs that are allocated by
            the

    [[Page 121 STAT. 2386]]

            Secretary under the Safe, Accountable, Flexible, Efficient
            Transportation Equity Act: A Legacy for Users and title 23,
            United States Code (other than to programs to which paragraphs
            (1) and (4) apply), by multiplying the ratio determined under
            paragraph (3) by the amounts authorized to be appropriated for
            each such program for such fiscal year; and
                (6) distribute the obligation limitation provided for
            Federal-aid highways, less the aggregate amounts not distributed
            under paragraphs (1) and (2) and amounts distributed under
            paragraphs (4) and (5), for Federal-aid highways and highway
            safety construction programs (other than the amounts apportioned
            for the equity bonus program, but only to the extent that the
            amounts apportioned for the equity bonus program for the fiscal
            year are greater than $2,639,000,000, and the Appalachian
            development highway system program) that are apportioned by the
            Secretary under the Safe, Accountable, Flexible, Efficient
            Transportation Equity Act: A Legacy for Users and title 23,
            United States Code, in the ratio that--
                        (A) amounts authorized to be appropriated for such
                    programs that are apportioned to each State for such
                    fiscal year, bear to
                        (B) the total of the amounts authorized to be
                    appropriated for such programs that are apportioned to
                    all States for such fiscal year.

        (b) Exceptions From Obligation Limitation.--The obligation
    limitation for Federal-aid highways shall not apply to obligations: (1)
    under section 125 of title 23, United States Code; (2) under section 147
    of the Surface Transportation Assistance Act of 1978; (3) under section
    9 of the Federal-Aid Highway Act of 1981; (4) under subsections (b) and
    (j) of section 131 of the Surface Transportation Assistance Act of 1982;
    (5) under subsections (b) and (c) of section 149 of the Surface
    Transportation and Uniform Relocation Assistance Act of 1987; (6) under
    sections 1103 through 1108 of the Intermodal Surface Transportation
    Efficiency Act of 1991; (7) under section 157 of title 23, United States
    Code, as in effect on the day before the date of the enactment of the
    Transportation Equity Act for the 21st Century; (8) under section 105 of
    title 23, United States Code, as in effect for fiscal years 1998 through
    2004, but only in an amount equal to $639,000,000 for each of those
    fiscal years; (9) for Federal-aid highway programs for which obligation
    authority was made available under the Transportation Equity Act for the
    21st Century or subsequent public laws for multiple years or to remain
    available until used, but only to the extent that the obligation
    authority has not lapsed or been used; (10) under section 105 of title
    23, United States Code, but only in an amount equal to $639,000,000 for
    each of fiscal years 2005 through 2008; and (11) under section 1603 of
    the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
    Legacy for Users, to the extent that funds obligated in accordance with
    that section were not subject to a limitation on obligations at the time
    at which the funds were initially made available for obligation.
        (c) Redistribution of Unused Obligation Authority.--Notwithstanding
    subsection (a), the Secretary shall, after August 1 of such fiscal year,
    revise a distribution of the obligation limitation made available under
    subsection (a) if the amount distributed cannot be obligated during that
    fiscal year and redistribute sufficient amounts to those States able to
    obligate amounts in addition

    [[Page 121 STAT. 2387]]

    to those previously distributed during that fiscal year, giving priority
    to those States having large unobligated balances of funds apportioned
    under sections 104 and 144 of title 23, United States Code.
        (d) Applicability of Obligation Limitations to Transportation
    Research Programs.--The obligation limitation shall apply to
    transportation research programs carried out under chapter 5 of title
    23, United States Code, and title V (research title) of the Safe,
    Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
    Users, except that obligation authority made available for such programs
    under such limitation shall remain available for a period of 3 fiscal
    years and shall be in addition to the amount of any limitation imposed
    on obligations for Federal-aid highway and highway safety construction
    programs for future fiscal years.
        (e) Redistribution of Certain Authorized Funds.--
                (1) In <<NOTE: Deadline.>> general.--Not later than 30 days
            after the date of the distribution of obligation limitation
            under subsection (a), the Secretary shall distribute to the
            States any funds that--
                        (A) are authorized to be appropriated for such
                    fiscal year for Federal-aid highways programs; and
                        (B) the Secretary determines will not be allocated
                    to the States, and will not be available for obligation,
                    in such fiscal year due to the imposition of any
                    obligation limitation for such fiscal year.
                (2) Ratio.--Funds shall be distributed under paragraph (1)
            in the same ratio as the distribution of obligation authority
            under subsection (a)(6).
                (3) Availability.--Funds distributed under paragraph (1)
            shall be available for any purposes described in section 133(b)
            of title 23, United States Code.

        (f) Special Limitation Characteristics.--Obligation limitation
    distributed for a fiscal year under subsection (a)(4) for the provision
    specified in subsection (a)(4) shall--
                (1) remain available until used for obligation of funds for
            that provision; and
                (2) be in addition to the amount of any limitation imposed
            on obligations for Federal-aid highway and highway safety
            construction programs for future fiscal years.

        (g) High Priority Project Flexibility.--
                (1) In general.--Subject to paragraph (2), obligation
            authority distributed for such fiscal year under subsection
            (a)(4) for each project numbered 1 through 3676 listed in the
            table contained in section 1702 of the Safe, Accountable,
            Flexible, Efficient Transportation Equity Act: A Legacy for
            Users may be obligated for any other project in such section in
            the same State.
                (2) Restoration.--Obligation authority used as described in
            paragraph (1) shall be restored to the original purpose on the
            date on which obligation authority is distributed under this
            section for the next fiscal year following obligation under
            paragraph (1).

        (h) Limitation on Statutory Construction.--Nothing in this section
    shall be construed to limit the distribution of obligation authority
    under subsection (a)(4)(A) for each of the individual projects numbered
    greater than 3676 listed in the table contained

    [[Page 121 STAT. 2388]]

    in section 1702 of the Safe, Accountable, Flexible, Efficient
    Transportation Equity Act: A Legacy for Users.
        Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
    Bureau of Transportation Statistics from the sale of data products, for
    necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to
    the Federal-aid highways account for the purpose of reimbursing the
    Bureau for such expenses: Provided, That such funds shall be subject to
    the obligation limitation for Federal-aid highways and highway safety
    construction.
        Sec. 122. Of the unobligated balances made available under sections
    1103, 1104, 1105, 1106(a), 1106(b), 1107, and 1108 of Public Law 102-
    240, $1,292,287.73 are rescinded.
        Sec. 123. Of the unobligated balances made available under section
    1602 of Public Law 105-178, $5,987,345.70 are rescinded.
        Sec. 124. Of the unobligated balances made available under section
    188(a)(1) of title 23, United States Code, as in effect on the day
    before the date of enactment of Public Law 109-59, and under section
    608(a)(1) of such title, $256,806,000 are rescinded.
        Sec. 125. Of the amounts made available under section 104(a) of
    title 23, United States Code, $43,358,601 are rescinded.
        Sec. 126. Of the unobligated balances of funds made available in
    fiscal year 2005 and prior fiscal years for the implementation or
    execution of programs for transportation research, training and
    education, and technology deployment including intelligent
    transportation systems, $239,801,603 are rescinded.
        Sec. 127. Of the amounts made available for ``Highway Related Safety
    Grants'' by section 402 of title 23, United States Code, and
    administered by the Federal Highway Administration, $11,314 in
    unobligated balances are rescinded.
        Sec. 128. Of the unobligated balances made available under Public
    Law 101-516, Public Law 102-143, Public Law 103-331, Public Law 106-346,
    Public Law 107-87, and Public Law 108-7, $4,753,687.26 are rescinded.
        Sec. 129. Notwithstanding any other provision of law, the Secretary
    of Transportation shall set aside from revenue aligned budget authority
    authorized for fiscal year 2008 under section 110 of title 23, United
    States Code, such sums as may be necessary for the programs, projects
    and activities at the level of 98 percent of the corresponding amounts
    identified under this section in the explanatory statement accompanying
    this Act: Provided, That funds set aside by this section, at the request
    of a State, shall be transferred by the Secretary to another Federal
    agency: Provided further, That the Federal share payable on account of
    any program, project, or activity carried out with funds set aside by
    this section shall be 100 percent: Provided further, That the sums set
    aside by this section shall remain available until expended: Provided
    further, That all funds set aside by this section shall be subject to
    any limitation on obligations for Federal-aid highways and highway
    safety construction programs set forth in this Act or any other Act:
    Provided further, That the obligation limitation made available for the
    programs, projects, and activities for which funds are set aside by this
    section shall remain available until used and shall be in addition to
    the amount of any limitation imposed on obligations for Federal-aid
    highway and highway safety construction programs for future fiscal
    years: Provided further, That amounts authorized for fiscal year 2008
    for revenue aligned budget authority

    [[Page 121 STAT. 2389]]

    under such section in excess of the amount set aside by the first clause
    of this section are rescinded.
        Sec. 130. <<NOTE: Deadline. Notice. Public comments. 23 USC 313
    note.>> Not less than 15 days prior to waiving, under her statutory
    authority, any Buy America requirement for Federal-aid highway projects,
    the Secretary of Transportation shall make an informal public notice and
    comment opportunity on the intent to issue such waiver and the
    reasons <<NOTE: Reports.>> therefor: Provided, That the Secretary shall
    provide an annual report to the Appropriations Committees of the
    Congress on any waivers granted under the Buy America requirements.

        Sec. 131. Notwithstanding any other provision of law, amounts
    authorized for fiscal year 2008 for programs under sections 1305 and
    1502 of Public Law 109-59 and section 503(b) of title 23, United States
    Code, are rescinded.

                   Federal Motor Carrier Safety Administration

                  Motor Carrier Safety Operations and Programs

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

                             (including rescission)

        For payment of obligations incurred for administration of motor
    carrier safety operations and programs pursuant to section 31104(i) of
    title 49, United States Code, and sections 4127 and 4134 of Public Law
    109-59, $229,654,000, to be derived from the Highway Trust Fund (other
    than the Mass Transit Account), together with advances and
    reimbursements received by the Federal Motor Carrier Safety
    Administration, the sum of which shall remain available until expended:
    Provided, That none of the funds derived from the Highway Trust Fund in
    this Act shall be available for the implementation, execution or
    administration of programs, the obligations for which are in excess of
    $229,654,000, for ``Motor Carrier Safety Operations and Programs'', of
    which $8,900,000, to remain available for obligation until September 30,
    2010, is for the research and technology program and $1,000,000 shall be
    available for commercial motor vehicle operator's grants to carry out
    section 4134 of Public Law 109-59: Provided further, That
    notwithstanding any other provision of law, none of the funds under this
    heading for outreach and education shall be available for transfer:
    Provided further, That $1,815,553 in unobligated balances are rescinded.

                           Motor Carrier Safety Grants

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

                             (including rescission)

        For payment of obligations incurred in carrying out sections 31102,
    31104(a), 31106, 31107, 31109, 31309, 31313 of title 49,

    [[Page 121 STAT. 2390]]

    United States Code, and sections 4126 and 4128 of Public Law 109-59,
    $300,000,000, to be derived from the Highway Trust Fund (other than the
    Mass Transit Account) and to remain available until expended: Provided,
    That none of the funds in this Act shall be available for the
    implementation or execution of programs, the obligations for which are
    in excess of $300,000,000, for ``Motor Carrier Safety Grants''; of which
    $202,000,000 shall be available for the motor carrier safety assistance
    program to carry out sections 31102 and 31104(a) of title 49, United
    States Code; $25,000,000 shall be available for the commercial driver's
    license improvements program to carry out section 31313 of title 49,
    United States Code; $32,000,000 shall be available for the border
    enforcement grants program to carry out section 31107 of title 49,
    United States Code; $5,000,000 shall be available for the performance
    and registration information system management program to carry out
    sections 31106(b) and 31109 of title 49, United States Code; $25,000,000
    shall be available for the commercial vehicle information systems and
    networks deployment program to carry out section 4126 of Public Law 109-
    59; $3,000,000 shall be available for the safety data improvement
    program to carry out section 4128 of Public Law 109-59; and $8,000,000
    shall be available for the commercial driver's license information
    system modernization program to carry out section 31309(e) of title 49,
    United States Code: Provided further, That of the funds made available
    for the motor carrier safety assistance program, $29,000,000 shall be
    available for audits of new entrant motor carriers: Provided further,
    That $11,260,214 in unobligated balances are rescinded.

                              Motor Carrier Safety

                              (highway trust fund)

                                  (rescission)

        Of the amounts made available under this heading in prior
    appropriations Acts, $32,187,720 in unobligated balances are rescinded.

                      national motor carrier safety program

                              (highway trust fund)

                                  (rescission)

        Of the amounts made available under this heading in prior
    appropriations Act, $5,212,858 in unobligated balances are rescinded.

     Administrative Provisions--Federal Motor Carrier Safety Administration

        Sec. 135. <<NOTE: Reports.>> Funds appropriated or limited in this
    Act shall be subject to the terms and conditions stipulated in section
    350 of Public Law 107-87 and section 6901 of Public Law 110-28,
    including that the Secretary submit a report to the House and Senate
    Appropriations Committees annually on the safety and security of
    transportation into the United States by Mexico-domiciled motor
    carriers.

    [[Page 121 STAT. 2391]]

        Sec. 136. None of the funds made available under this Act may be
    used to establish a cross-border motor carrier demonstration program to
    allow Mexico-domiciled motor carriers to operate beyond the commercial
    zones along the international border between the United States and
    Mexico.

                 National Highway Traffic Safety Administration

                             Operations and Research

        For expenses necessary to discharge the functions of the Secretary,
    with respect to traffic and highway safety under subtitle C of title X
    of Public Law 109-59, chapter 301 of title 49, United States Code, and
    part C of subtitle VI of title 49, United States Code, $126,572,000, of
    which $26,156,000 shall remain available until September 30, 2010:
    Provided, That none of the funds appropriated by this Act may be
    obligated or expended to plan, finalize, or implement any rulemaking to
    add to section 575.104 of title 49 of the Code of Federal Regulations
    any requirement pertaining to a grading standard that is different from
    the three grading standards (treadwear, traction, and temperature
    resistance) already in effect.

                             Operations and Research

                     (liquidation of contract authorization)

                           (limitation on obligations)

                              (highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 403, $107,750,000, to be derived from the Highway Trust
    Fund (other than the Mass Transit Account) and to remain available until
    expended: Provided, That none of the funds in this Act shall be
    available for the planning or execution of programs the total
    obligations for which, in fiscal year 2008, are in excess of
    $107,750,000 for programs authorized under 23 U.S.C. 403.

                            National Driver Register

                     (Liquidation of contract authorization)

                           (Limitation on obligations)

                              (Highway trust fund)

        For payment of obligations incurred in carrying out chapter 303 of
    title 49, United States Code, $4,000,000, to be derived from the Highway
    Trust Fund (other than the Mass Transit Account) and to remain available
    until expended: Provided, That none of the funds in this Act shall be
    available for the implementation or execution of programs the total
    obligations for which, in fiscal year 2008, are in excess of $4,000,000
    for the National Driver Register authorized under such chapter.

    [[Page 121 STAT. 2392]]

                          Highway Traffic Safety Grants

                     (Liquidation of contract authorization)

                           (Limitation on obligations)

                              (Highway trust fund)

        For payment of obligations incurred in carrying out the provisions
    of 23 U.S.C. 402, 405, 406, 408, and 410 and sections 2001(a)(11), 2009,
    2010, and 2011 of Public Law 109-59, to remain available until expended,
    $599,250,000 to be derived from the Highway Trust Fund (other than the
    Mass Transit Account): Provided, That none of the funds in this Act
    shall be available for the planning or execution of programs the total
    obligations for which, in fiscal year 2008, are in excess of
    $599,250,000 for programs authorized under 23 U.S.C. 402, 405, 406, 408,
    and 410 and sections 2001(a)(11), 2009, 2010, and 2011 of Public Law
    109-59, of which $225,000,000 shall be for ``Highway Safety Programs''
    under 23 U.S.C. 402; $25,000,000 shall be for ``Occupant Protection
    Incentive Grants'' under 23 U.S.C. 405; $124,500,000 shall be for
    ``Safety Belt Performance Grants'' under 23 U.S.C. 406; $34,500,000
    shall be for ``State Traffic Safety Information System Improvements''
    under 23 U.S.C. 408; $131,000,000 shall be for ``Alcohol-Impaired
    Driving Countermeasures Incentive Grant Program'' under 23 U.S.C. 410;
    $18,250,000 shall be for ``Administrative Expenses'' under section
    2001(a)(11) of Public Law 109-59; $29,000,000 shall be for ``High
    Visibility Enforcement Program'' under section 2009 of Public Law 109-
    59; $6,000,000 shall be for ``Motorcyclist Safety'' under section 2010
    of Public Law 109-59; and $6,000,000 shall be for ``Child Safety and
    Child Booster Seat Safety Incentive Grants'' under section 2011 of
    Public Law 109-59: Provided further, That none of these funds shall be
    used for construction, rehabilitation, or remodeling costs, or for
    office furnishings and fixtures for State, local or private buildings or
    structures: Provided further, That not to exceed $500,000 of the funds
    made available for section 410 ``Alcohol-Impaired Driving
    Countermeasures Grants'' shall be available for technical assistance to
    the States: Provided further, That not to exceed $750,000 of the funds
    made available for the ``High Visibility Enforcement Program'' shall be
    available for the evaluation required under section 2009(f) of Public
    Law 109-59.

                   Administrative Provisions--National Highway

                          Traffic Safety Administration

                             (including rescissions)

        Sec. 140. Notwithstanding any other provision of law or limitation
    on the use of funds made available under section 403 of title 23, United
    States Code, an additional $130,000 shall be made available to the
    National Highway Traffic Safety Administration, out of the amount
    limited for section 402 of title 23, United States Code, to pay for
    travel and related expenses for State management reviews and to pay for
    core competency development training and related expenses for highway
    safety staff.
        Sec. 141. Of the amounts made available under the heading
    ``Operations and Research (Liquidation of Contract Authorization)

    [[Page 121 STAT. 2393]]

    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $12,197,113.60 in unobligated balances are
    rescinded.
        Sec. 142. Of the amounts made available under the heading ``National
    Driver Register (Liquidation of Contract Authorization) (Limitation on
    Obligations) (Highway Trust Fund)'' in prior appropriations Acts,
    $119,914.61 in unobligated balances are rescinded.
        Sec. 143. Of the amounts made available under the heading ``Highway
    Traffic Safety Grants (Liquidation of Contract Authorization)
    (Limitation on Obligations) (Highway Trust Fund)'' in prior
    appropriations Acts, $10,528,958 in unobligated balances are rescinded.

                         Federal Railroad Administration

                              Safety and Operations

        For necessary expenses of the Federal Railroad Administration, not
    otherwise provided for, $150,193,499, of which $12,268,890 shall remain
    available until expended.

                        Railroad Research and Development

        For necessary expenses for railroad research and development,
    $35,964,400, to remain available until expended.

                     Capital Assistance to States--Intercity

                             Passenger Rail Service

          To enable the Federal Railroad Administrator to make grants to
    States for the capital costs of improving existing intercity passenger
    rail service and providing new intercity passenger rail service,
    $30,000,000, to remain available until <<NOTE: Grants.>> expended:
    Provided, That grants shall be provided to a State only on a
    reimbursable basis: Provided further, That grants cover no more than 50
    percent of the total capital cost of a project selected for funding:
    Provided further, That no more than 10 percent of funds made available
    under this program may be used for planning activities that lead
    directly to the development of a passenger rail corridor investment plan
    consistent with the requirements established by the Administrator:
    Provided further, <<NOTE: Deadline. Criteria. Publication.>> That no
    later than eight months following enactment of this Act, the Secretary
    shall establish and publish criteria for project selection, set a
    deadline for grant applications, and provide a schedule for project
    selection: Provided further, That to be eligible for this assistance,
    States must include intercity passenger rail service as an integral part
    of statewide transportation planning as required under section 135 of
    title 23, United States Code: Provided further, That to be eligible for
    capital assistance the specific project must be on the Statewide
    Transportation Improvement Plan at the time of the application to
    qualify: Provided further, That the Secretary give priority to capital
    and planning applications for projects that improve the safety and
    reliability of intercity passenger trains, involve a commitment by
    freight railroads to an enforceable on-time performance of passenger
    trains of 80 percent or greater, involve a commitment by freight
    railroads of financial resources commensurate with the benefit expected
    to their operations, improve or extend service on a route that requires
    little or no Federal assistance for its operations, and involve a

    [[Page 121 STAT. 2394]]

    commitment by States or railroads of financial resources to improve the
    safety of highway/rail grade crossings over which the passenger service
    operates.

                 Railroad Rehabilitation and Improvement Program

        The Secretary of Transportation is authorized to issue to the
    Secretary of the Treasury notes or other obligations pursuant to section
    512 of the Railroad Revitalization and Regulatory Reform Act of 1976
    (Public Law 94-210), as amended, in such amounts and at such times as
    may be necessary to pay any amounts required pursuant to the guarantee
    of the principal amount of obligations under sections 511 through 513 of
    such Act, such authority to exist as long as any such guaranteed
    obligation is outstanding: Provided, That pursuant to section 502 of
    such Act, as amended, no new direct loans or loan guarantee commitments
    shall be made using Federal funds for the credit risk premium during
    fiscal year 2008.

                  rail line relocation and improvement program

        For necessary expenses of carrying out section 20154 of title 49,
    United States Code, as authorized by section 9002 of Public Law 109-59,
    $20,145,000, to remain available until expended.

         operating grants to the national railroad passenger corporation

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation for operation of
    intercity passenger rail, $475,000,000 to remain available until
    expended: Provided, That the Secretary of Transportation shall approve
    funding to cover operating losses for the Corporation only after
    receiving and reviewing a grant request for each specific train route:
    Provided further, That each such grant request shall be accompanied by a
    detailed financial analysis, revenue projection, and capital expenditure
    projection justifying the Federal support to the Secretary's
    satisfaction: Provided further, That the Corporation is directed to
    achieve savings through operating efficiencies including, but not
    limited to, modifications to food and beverage service and first class
    service: Provided further, That <<NOTE: Reports. Deadlines.>> the
    Inspector General of the Department of Transportation shall report to
    the House and Senate Committees on Appropriations beginning 3 months
    after the date of the enactment of this Act and quarterly thereafter
    with estimates of the savings accrued as a result of all operational
    reforms instituted by the Corporation: Provided further, That
    not <<NOTE: Deadline. Plan.>> later than 120 days after enactment of
    this Act, the Corporation shall transmit to the House and Senate
    Committees on Appropriations the status of its plan to improve the
    financial performance of food and beverage service and its plan to
    improve the financial performance of first class service (including
    sleeping car service): Provided further,
    That <<NOTE: Reports. Deadline.>> the Corporation shall report quarterly
    to the House and Senate Committees on Appropriations on its progress
    against the milestones and target dates contained in the plan provided
    in fiscal year 2007 and quantify savings realized to date on a monthly
    basis compared to those projected in the plan, identify any changes in
    the plan or delays in implementing these plans, and identify the causes
    of delay and proposed

    [[Page 121 STAT. 2395]]

    corrective measures: Provided further, That <<NOTE: Deadline. Business
    plan.>> not later than 90 days after enactment of this Act, the
    Corporation shall transmit, in electronic format, to the Secretary, the
    House and Senate Committees on Appropriations, the House Committee on
    Transportation and Infrastructure and the Senate Committee on Commerce,
    Science, and Transportation a comprehensive business plan approved by
    the Board of Directors for fiscal year 2008 under section 24104(a) of
    title 49, United States Code: Provided further, That the business plan
    shall include, as applicable, targets for ridership, revenues, and
    capital and operating expenses: Provided further, That the plan shall
    also include a separate accounting of such targets for the Northeast
    Corridor; commuter service; long-distance Amtrak service; State-
    supported service; each intercity train route, including Autotrain; and
    commercial activities including contract operations: Provided further,
    That the business plan shall include a description of the work to be
    funded, along with cost estimates and an estimated timetable for
    completion of the projects covered by this business plan: Provided
    further, That <<NOTE: Reports.>> the Corporation shall continue to
    provide monthly reports in electronic format regarding the pending
    business plan, which shall describe the work completed to date, any
    changes to the business plan, and the reasons for such changes, and
    shall identify all sole source contract awards which shall be
    accompanied by a justification as to why said contract was awarded on a
    sole source basis: Provided further, That the Corporation's business
    plan and all subsequent supplemental plans shall be displayed on the
    Corporation's website within a reasonable timeframe following their
    submission to the appropriate entities: Provided further, That none of
    the funds under this heading may be obligated or expended until the
    Corporation agrees to continue abiding by the provisions of paragraphs
    1, 2, 5, 9, and 11 of the summary of conditions for the direct loan
    agreement of June 28, 2002, in the same manner as in effect on the date
    of enactment of this Act: Provided further, That none of the funds
    provided in this Act may be used after March 1, 2006, to support any
    route on which Amtrak offers a discounted fare of more than 50 percent
    off the normal, peak fare: Provided further, That the preceding proviso
    does not apply to routes where the operating loss as a result of the
    discount is covered by a State and the State participates in the setting
    of fares: Provided further, That of the amounts made available under
    this heading not less than $18,500,000 shall be available for the Amtrak
    Office of Inspector General.

       CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
                                   CORPORATION

        To enable the Secretary of Transportation to make quarterly grants
    to the National Railroad Passenger Corporation for the maintenance and
    repair of capital infrastructure owned by the Corporation, including
    railroad equipment, rolling stock, legal mandates and other services,
    $850,000,000, to remain available until expended, of which not to exceed
    $285,000,000 shall be for debt service obligations: Provided, That the
    Secretary may retain up to one-quarter of 1 percent of the funds under
    this heading to fund the oversight by the Federal Railroad
    Administration of the design and implementation of capital projects
    funded by grants made under this heading: Provided further, That the
    Secretary shall approve funding for capital expenditures, including
    advance

    [[Page 121 STAT. 2396]]

    purchase orders of materials, for the Corporation only after receiving
    and reviewing a grant request for each specific capital grant justifying
    the Federal support to the Secretary's satisfaction: Provided further,
    That none of the funds under this heading may be used to subsidize
    operating losses of the Corporation: Provided further, That none of the
    funds under this heading may be used for capital projects not approved
    by the Secretary of Transportation or on the Corporation's fiscal year
    2008 business plan: Provided further, That $35,000,000 of amounts made
    available under this heading shall be available until expended for
    capital improvements if the Corporation demonstrates to the Secretary's
    satisfaction that the Corporation has achieved operational savings and
    met ridership and revenue targets as defined in the Corporation's
    business plan: Provided further, That of the funds provided under this
    section, not less than $5,000,000 shall be expended for the development
    and implementation of a managerial cost accounting system, which
    includes average and marginal unit cost <<NOTE: Deadline.>> capability:
    Provided further, That within 90 days of enactment, the Department of
    Transportation Inspector General shall review and comment to the
    Secretary of Transportation and the House and Senate Committees on
    Appropriations upon the strengths and weaknesses of the system being
    developed by the Corporation and how it best can be implemented to
    improve decision making by the Board of Directors and management of
    the <<NOTE: Deadline.>> Corporation: Provided further, That not later
    than 180 days after the enactment of this Act, the Secretary, in
    consultation with the Corporation and the States on the Northeast
    Corridor, shall establish a common definition of what is determined to
    be a ``state of good repair'' on the Northeast Corridor and report its
    findings, including definitional areas of disagreement, to the House and
    Senate Committees on Appropriations, the House Committee on
    Transportation and Infrastructure and the Senate Committee on Commerce,
    Science, and Transportation.

           Administrative Provisions--Federal Railroad Administration

        Sec. 150. Notwithstanding any other provision of this Act, funds
    provided in this Act for the National Railroad Passenger Corporation
    shall immediately cease to be available to said Corporation in the event
    that the Corporation contracts to have services provided at or from any
    location outside the United States. For purposes of this section, the
    word ``services'' shall mean any service that was, as of July 1, 2006,
    performed by a full-time or part-time Amtrak employee whose base of
    employment is located within the United States.
        Sec. 151. <<NOTE: Deadlines. Reports.>> Not later than January 1,
    2008, the Federal Railroad Administrator shall submit a report, and
    quarterly reports thereafter, to the House and Senate Committees on
    Appropriations detailing the Administrator's efforts at improving the
    on-time performance of Amtrak intercity rail service operating on non-
    Amtrak owned property. Such reports shall compare the most recent actual
    on-time performance data to pre-established on-time performance goals
    that the Administrator shall set for each rail service, identified by
    route. Such reports shall also include whatever other information and
    data regarding the on-time performance of Amtrak trains the
    Administrator deems to be appropriate.

        Sec. 152. The Secretary may purchase promotional items of nominal
    value for use in public outreach activities to accomplish

    [[Page 121 STAT. 2397]]

    the purposes of 49 U.S.C. 20134: Provided,
    That <<NOTE: Guidelines.>> the Secretary shall prescribe guidelines for
    the administration of such purchases and use.

        Sec. 153. The Secretary of Transportation may receive and expend
    cash, or receive and utilize spare parts and similar items, from non-
    United States Government sources to repair damages to or replace United
    States Government owned automated track inspection cars and equipment as
    a result of third party liability for such damages, and any amounts
    collected under this subsection shall be credited directly to the Safety
    and Operations account of the Federal Railroad Administration, and shall
    remain available until expended for the repair, operation and
    maintenance of automated track inspection cars and equipment in
    connection with the automated track inspection program.

                         Federal Transit Administration

                             Administrative Expenses

        For necessary administrative expenses of the Federal Transit
    Administration's programs authorized by chapter 53 of title 49, United
    States Code, $89,300,000: Provided, That of the funds available under
    this heading, not to exceed $1,504,000 shall be available for travel and
    not to exceed $20,719,000 shall be available for the central account:
    Provided further, That any funding transferred from the central account
    shall be submitted for approval to the House and Senate Committees on
    Appropriations: Provided further, That none of the funds provided or
    limited in this Act may be used to create a permanent office of transit
    security under this heading: Provided further, That of the funds in this
    Act available for the execution of contracts under section 5327(c) of
    title 49, United States Code, $2,000,000 shall be reimbursed to the
    Department of Transportation's Office of Inspector General for costs
    associated with audits and investigations of transit-related issues,
    including reviews of new fixed guideway <<NOTE: Reports.>> systems:
    Provided further, That upon submission to the Congress of the fiscal
    year 2009 President's budget, the Secretary of Transportation shall
    transmit to Congress the annual report on new starts, including proposed
    allocations of funds for fiscal year 2009.

                             FORMULA AND BUS GRANTS

                       (Liquidation of Contract Authority)

                           (Limitation on Obligations)

                              (highway trust fund)

                             (including rescission)

        For payment of obligations incurred in carrying out the provisions
    of 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316, 5317, 5320, 5335,
    5339, and 5340 and section 3038 of Public Law 105-178, as amended,
    $6,855,000,000, to be derived from the Mass Transit Account of the
    Highway Trust Fund and to remain available until expended: Provided,
    That funds available for the implementation or execution of programs
    authorized under 49 U.S.C. 5305, 5307, 5308, 5309, 5310, 5311, 5316,
    5317, 5320, 5335, 5339, and 5340 and section 3038 of Public Law 105-178,
    as amended, shall

    [[Page 121 STAT. 2398]]

    not exceed total obligations of $7,767,887,062 in fiscal year 2008:
    Provided further, That of the funds available to carry out the bus
    program under section 5309 of title 49, United States Code, which are
    not otherwise allocated under this act or under SAFETEA-LU (Public Law
    109-59), not more than 10 percent may be expended in furtherance of the
    Department of Transportation's ``National Strategy to Reduce Congestion
    on America's Transportation Network'' issued May, 2006 by Secretary of
    Transportation, the Honorable Norman Mineta; also known as the
    ``Congestion Initiative'' or any other new highway congestion
    initiative: Provided further, That $28,660,920 in unobligated balances
    are rescinded.

                    RESEARCH AND UNIVERSITY RESEARCH CENTERS

        For necessary expenses to carry out 49 U.S.C. 5306, 5312-5315, 5322,
    and 5506, $65,362,900, to remain available until expended: Provided,
    That $9,300,000 is available to carry out the transit cooperative
    research program under section 5313 of title 49, United States Code,
    $4,300,000 is available for the National Transit Institute under section
    5315 of title 49, United States Code, and $7,000,000 is available for
    university transportation centers program under section 5506 of title
    49, United States Code: Provided further, That $44,762,900 is available
    to carry out national research programs under sections 5312, 5313, 5314,
    and 5322 of title 49, United States Code.

                            Capital Investment Grants

        For necessary expenses to carry out section 5309 of title 49, United
    States Code, $1,569,091,997, to remain available until expended:
    Provided, That of the funds available under this heading, amounts are to
    be made available as follows:
                AC Transit BRT Corridor--Alameda County, California,
            $490,000.
                Alaska and Hawaii ferry projects, $15,000,000.
                Bus Rapid Transit, Cumberland County, Pennsylvania,
            $294,000.
                Central Corridor Light Rail, Minnesota, $10,192,000.
                Central Link Initial Segment, Washington, $68,600,000.
                Central LRT Double-Track--Largo Extension, Maryland,
            $34,300,000.
                Central Phoenix/East Valley Light Rail, Arizona,
            $88,200,000.
                Charlotte Rapid Transit, North Carolina, $1,960,000.
                CORRIDORone Regional Rail Project, Pennsylvania,
            $10,976,000.
                DCTA Fixed Guideway/Engineering, Lewisville, Texas,
            $245,000.
                Denali Commission, Alaska, $5,000,000.
                Dulles Corridor Metrorail Project, Virginia, $34,300,000.
                Galveston Rail Trolley, Texas, $1,960,000.
                Honolulu High Capacity Transit Corridor, Hawaii,
            $15,190,000.
                Hudson-Bergen MOS-2, New Jersey, $54,089,135.
                I-205/Portland Mall Light Rail, Oregon, $78,400,000.
                I-69 HOV/BRT, Mississippi, $7,546,000.
                JTA Bus Rapid Transit, Jacksonville, Florida, $9,329,600.

    [[Page 121 STAT. 2399]]

                Lane Transit District, Pioneer Parkway EmX Corridor, Oregon,
            $14,504,000.
                Long Island Rail Road East Side Access, New York,
            $210,700,000.
                MARC Commuter Rail Improvements and Rolling Stock, Maryland,
            $9,800,000.
                MBTA Fitchburg to Boston Rail Corridor Project,
            Massachusetts, $5,880,000.
                METRA Connects Southeast Service, Illinois, $7,227,500.
                METRA Star Line, Illinois, $7,227,500.
                METRA Union Pacific Northwest Line, Illinois, $7,227,500.
                METRA Union Pacific West Line, Illinois, $7,227,500.
                Metro Gold Line Eastside Extension, California, $78,400,000.
                Metrorail Orange Line Expansion, Florida, $1,960,000.
                Metro Rapid Bus System Gap Closure, Los Angeles, California,
            $16,347,380.
                Mid-Jordan Light Rail Extension, Utah, $19,600,000.
                Monmouth-Ocean-Middlesex County Passenger Rail, New Jersey,
            $980,000.
                New Britain-Hartford Busway, Connecticut, $3,271,632.
                Norfolk Light Rail Project, Virginia, $23,030,000.
                North Corridor, Houston and Southeast Corridor, Texas,
            $19,600,000.
                North Shore Corridor & Blue Line, Massachusetts, $1,960,000.
                NorthStar Commuter, Minnesota, $53,900,000.
                Northern Indiana Commuter Transit District Recapitalization,
            Indiana, $4,900,000.
                North Shore LRT Connector, Pennsylvania, $32,846,115.
                Northwest NJ-Northeast PA, Pennsylvania, $2,940,000.
                NW/SE LRT MOS, Texas, $84,525,000.
                Pacific Highway South BRT, King County, Washington,
            $13,794,480.
                Perris Valley Line Metrolink Extension, California,
            $1,960,000.
                Pawtucket/Central Falls Commuter Rail Station, Rhode Island,
            $1,960,000.
                Planning and Design, Bus Rapid Transit-State Avenue
            Corridor, Wyandotte County, Kansas, $1,470,000.
                Provo Orem Bus Rapid Transit, Utah, $4,018,000.
                Rapid Transit (BRT) project, Livermore, California,
            $2,940,000.
                Ravenswood Line Extension, Illinois, $39,200,000.
                Route 1 Bus Rapid Transit, Potomac Yard-Crystal City,
            Alexandria and Arlington, Virginia, $980,000.
                Second Avenue Subway Phase 1, New York, $167,810,300.
                SMART EIS and PE, California, $1,960,000.
                South County Commuter Rail Wickford Junction Station, Rhode
            Island, $12,269,449.
                Southeast Corridor LRT, Colorado, $50,529,274.
                South Sacramento Corridor Phase 2, California, $4,410,000.
                Telegraph Avenue-International Boulevard-East 14th Street
            Bus Rapid Transit Corridor Improvements, California, $1,960,000.
                Third Street Light Rail, San Francisco, California,
            $11,760,000.

    [[Page 121 STAT. 2400]]

                Trans-Hudson Midtown Corridor, New Jersey, $14,700,000.
                Troost Corridor Bus Rapid Transit, Missouri, $6,134,800.
                West Corridor Light Rail Project, Colorado, $39,200,000.
                University Link LRT, Washington, $19,600,000.
                VIA Bus Rapid Transit Corridor Project, San Antonio, Texas,
            $4,900,000.
                Virginia Railway Express Extension--Gainesville/Haymarket,
            Virginia, $490,000.
                VRE Rolling Stock, Virginia, $3,920,000.
                Weber County to Salt Lake City, Utah, $78,400,000.

            Administrative Provisions--Federal Transit Administration

        Sec. 160. The limitations on obligations for the programs of the
    Federal Transit Administration shall not apply to any authority under 49
    U.S.C. 5338, previously made available for obligation, or to any other
    authority previously made available for obligation.
        Sec. 161. Notwithstanding any other provision of law, funds made
    available by this Act under ``Federal Transit Administration, Capital
    investment grants'' and bus and bus facilities under ``Federal Transit
    Administration, Formula and bus grants'' for projects specified in this
    Act or identified in reports accompanying this Act not obligated by
    September 30, 2010, and other recoveries, shall be made available for
    other projects under 49 U.S.C. 5309.
        Sec. 162. Notwithstanding any other provision of law, any funds
    appropriated before October 1, 2007, under any section of chapter 53 of
    title 49, United States Code, that remain available for expenditure, may
    be transferred to and administered under the most recent appropriation
    heading for any such section.
        Sec. 163. Notwithstanding any other provision of law, unobligated
    funds made available for a new fixed guideway systems projects under the
    heading ``Federal Transit Administration, Capital Investment Grants'' in
    any appropriations Act prior to this Act may be used during this fiscal
    year to satisfy expenses incurred for such projects.
        Sec. 164. During fiscal year 2008, each Federal Transit
    Administration grant for a project that involves the acquisition or
    rehabilitation of a bus to be used in public transportation shall be
    funded for 90 percent of the net capital costs of a biodiesel bus or a
    factory-installed or retrofitted hybrid electric propulsion system and
    any equipment related to such a system: Provided, That the Secretary
    shall have the discretion to determine, through practicable
    administrative procedures, the costs attributable to the system and
    related-equipment.
        Sec. 165. Notwithstanding any other provision of law, in regard to
    the Central Link Initial Segment Project, to the extent that Federal
    funds remain available within the current budget for the project, the
    Secretary shall, immediately upon the date of enactment of this Act,
    amend the Full Funding Grant Agreement for said project to allow
    remaining Federal funds to be used to support completion of the Airport
    Link extension of said project.
        Sec. 166. Amounts provided for a high capacity fixed guideway light
    rail and mass transit project for the City of Albuquerque, New Mexico,
    in Public Laws 106-69, 106-346 and 107-87 shall be available for bus and
    bus facilities.
        Sec. 167. Any unobligated amounts made available for the Commuter
    Rail, Albuquerque to Santa Fe, New Mexico under the heading ``Capital
    Investment Grants'' under the heading ``Federal

    [[Page 121 STAT. 2401]]

    Transit Administration'' in title I of division A of the Transportation,
    Treasury, Housing and Urban Development, the Judiciary, the District of
    Columbia, and Independent Agencies Appropriations Act, 2006 (Public Law
    109-115; 119 Stat. 2418) shall be made available for public
    transportation buses, equipment and facilities related to such buses,
    and intermodal terminal in Albuquerque and Santa Fe, New Mexico, subject
    to the requirements under section 5309 of title 49, United States Code.
        Sec. 168. Notwithstanding any other provision of law, funds made
    available for the Las Vegas Resort Corridor Fixed Guideway Project under
    the Federal Transit Administration Capital Investment Grants Account in
    any previous Appropriations Act, including Public Laws 108-7, 108-199,
    108-447, and any unexpended funds in Federal Transit Administration
    grant number NV-03-0019 may hereafter be made available until expended
    to the Regional Transportation Commission of Southern Nevada for bus
    rapid transit projects and bus and bus-related projects: Provided, That
    funds made available for a project in accordance with this section shall
    be administered under the terms and conditions set forth in 49 U.S.C.
    5307, to the extent applicable.
        Sec. 169. The second sentence of section 321 of the Department of
    Transportation and Related Agencies Appropriations Act, 1986 (99 Stat.
    1287) is repealed.
        Sec. 170. None of the funds provided or limited under this Act may
    be used to issue a final regulation under section 5309 of title 49,
    United States Code, except that the Federal Transit Administration may
    continue to review comments received on the proposed rule (Docket No.
    FTA-2006-25737).
        Sec. 171. Funds made available to the Putnam County, Florida, for
    Ride Solutions buses and bus facilities in Public Laws 108-199, 108-447
    and 109-115 that remain unobligated may be available to Putnam County
    under the conditions of 49 U.S.C. 5312 to research, develop, fabricate,
    test, demonstrate, deploy and evaluate a low floor bus to meet the needs
    of Ride Solution in particular, and small urban and rural operators in
    general.
        Sec. 172. Of the balances available for this fiscal year to carry
    out 49 U.S.C. 5309(b) left to the discretion of the Secretary of
    Transportation, $104,697,038 are rescinded.
        Sec. 173. Of the balances available for this fiscal year to carry
    out 49 U.S.C. 5339 left to the discretion of the Secretary of
    Transportation, $308,900 are rescinded.

                  Saint Lawrence Seaway Development Corporation

        The Saint Lawrence Seaway Development Corporation is hereby
    authorized to make such expenditures, within the limits of funds and
    borrowing authority available to the Corporation, and in accord with
    law, and to make such contracts and commitments without regard to fiscal
    year limitations as provided by section 104 of the Government
    Corporation Control Act, as amended, as may be necessary in carrying out
    the programs set forth in the Corporation's budget for the current
    fiscal year.

    [[Page 121 STAT. 2402]]

                           Operations and Maintenance

                         (harbor maintenance trust fund)

        For necessary expenses for operations and maintenance of those
    portions of the Saint Lawrence Seaway operated and maintained by the
    Saint Lawrence Seaway Development Corporation, $17,392,000, to be
    derived from the Harbor Maintenance Trust Fund, pursuant to Public Law
    99-662.

                             Maritime Administration

                            Maritime Security Program

        For necessary expenses to maintain and preserve a U.S.-flag merchant
    fleet to serve the national security needs of the United States,
    $156,000,000, to remain available until expended.

                             Operations and Training

        For necessary expenses of operations and training activities
    authorized by law, $121,992,000, of which $25,720,000 shall remain
    available until September 30, 2008, for salaries and benefits of
    employees of the United States Merchant Marine Academy; of which
    $14,139,000 shall remain available until expended for capital
    improvements at the United States Merchant Marine Academy; and of which
    $10,500,000 shall remain available until expended for maintenance and
    repair of Schoolships at State Maritime Schools.

                                  Ship Disposal

        For necessary expenses related to the disposal of obsolete vessels
    in the National Defense Reserve Fleet of the Maritime Administration,
    $17,000,000, to remain available until expended.

                          ASSISTANCE TO SMALL SHIPYARDS

        To make grants for capital improvements and related infrastructure
    improvements at qualified shipyards that will facilitate the efficiency,
    cost-effectiveness, and quality of domestic ship construction for
    commercial and Federal Government use as authorized under section 3506
    of Public Law 109-163, $10,000,000, to remain available until expended:
    Provided, That <<NOTE: Deadline.>> to be considered for assistance, a
    qualified shipyard shall submit an application for assistance no later
    than 60 days after enactment of this Act: Provided further,
    That <<NOTE: Grants. Deadline.>> from applications submitted under the
    previous proviso, the Secretary of Transportation shall make grants no
    later than 120 days after enactment of this Act in such amounts as the
    Secretary determines: Provided further, That not to exceed 2 percent of
    the funds appropriated under this heading shall be available for
    necessary costs of grant administration.

               Maritime Guaranteed Loan (Title XI) Program Account

                          (including transfer of funds)

        For the cost of guaranteed loans, as authorized, $8,408,000, of
    which $5,000,000 shall remain available until expended: Provided, That
    such costs, including the cost of modifying such loans,

    [[Page 121 STAT. 2403]]

    shall be as defined in section 502 of the Congressional Budget Act of
    1974, as amended: Provided further, That not to exceed $3,408,000 shall
    be available for administrative expenses to carry out the guaranteed
    loan program, which shall be transferred to and merged with the
    appropriation for ``Operations and Training'', Maritime Administration.

                                Ship Construction

                                  (rescission)

        Of the unobligated balances available under this heading, $6,673,000
    are rescinded.

               Administrative Provisions--Maritime Administration

        Sec. 175. Notwithstanding any other provision of this Act, the
    Maritime Administration is authorized to furnish utilities and services
    and make necessary repairs in connection with any lease, contract, or
    occupancy involving Government property under control of the Maritime
    Administration, and payments received therefor shall be credited to the
    appropriation charged with the cost thereof: Provided, That rental
    payments under any such lease, contract, or occupancy for items other
    than such utilities, services, or repairs shall be covered into the
    Treasury as miscellaneous receipts.
        Sec. 176. No obligations shall be incurred during the current fiscal
    year from the construction fund established by the Merchant Marine Act,
    1936 (46 U.S.C. 53101 note (cds)), or otherwise, in excess of the
    appropriations and limitations contained in this Act or in any prior
    appropriations Act.

             Pipeline and Hazardous Materials Safety Administration

                             Administrative Expenses

        For necessary administrative expenses of the Pipeline and Hazardous
    Materials Safety Administration, $18,130,000, of which $639,000 shall be
    derived from the Pipeline Safety Fund.

                           hazardous materials safety

        For expenses necessary to discharge the hazardous materials safety
    functions of the Pipeline and Hazardous Materials Safety Administration,
    $28,000,000, of which $1,761,000 shall remain available until September
    30, 2010: Provided, That up to $1,200,000 in fees collected under 49
    U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
    offsetting receipts: Provided further, That there may be credited to
    this appropriation, to be available until expended, funds received from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training, for reports publication and
    dissemination, and for travel expenses incurred in performance of
    hazardous materials exemptions and approvals functions.

    [[Page 121 STAT. 2404]]

                                 Pipeline Safety

                             (pipeline safety fund)

                        (oil spill liability trust fund)

        For expenses necessary to conduct the functions of the pipeline
    safety program, for grants-in-aid to carry out a pipeline safety
    program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
    program responsibilities of the Oil Pollution Act of 1990, $79,828,000,
    of which $18,810,000 shall be derived from the Oil Spill Liability Trust
    Fund and shall remain available until September 30, 2010; of which
    $61,018,000 shall be derived from the Pipeline Safety Fund, of which
    $32,242,000 shall remain available until September 30, 2010: Provided,
    That not less than $1,043,000 of the funds provided under this heading
    shall be for the one-call State grant program.

                          Emergency Preparedness Grants

                          (emergency preparedness fund)

        For necessary expenses to carry out 49 U.S.C. 5128(b), $188,000, to
    be derived from the Emergency Preparedness Fund, to remain available
    until September 30, 2009: Provided, That not more than $28,318,000 shall
    be made available for obligation in fiscal year 2008 from amounts made
    available by 49 U.S.C. 5116(i) and 5128(b)-(c): Provided further, That
    none of the funds made available by 49 U.S.C. 5116(i), 5128(b), or
    5128(c) shall be made available for obligation by individuals other than
    the Secretary of Transportation, or her designee.

                Research and Innovative Technology Administration

                            Research and Development

        For necessary expenses of the Research and Innovative Technology
    Administration, $12,000,000, of which $6,036,000 shall remain available
    until September 30, 2010: Provided, That there may be credited to this
    appropriation, to be available until expended, funds received from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training.

                           Office of Inspector General

                              Salaries and Expenses

        For necessary expenses of the Office of Inspector General to carry
    out the provisions of the Inspector General Act of 1978, as amended,
    $66,400,000: Provided, That the Inspector General shall have all
    necessary authority, in carrying out the duties specified in the
    Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
    allegations of fraud, including false statements to the government (18
    U.S.C. 1001), by any person or entity that is subject to regulation by
    the Department: Provided further, That the funds made available under
    this heading shall be used to investigate, pursuant to section 41712 of
    title 49, United States Code: (1) unfair or deceptive practices and
    unfair methods of competition by domestic and foreign air carriers and
    ticket agents;

    [[Page 121 STAT. 2405]]

    and (2) the compliance of domestic and foreign air carriers with respect
    to item (1) of this proviso.

                          Surface Transportation Board

                              Salaries and Expenses

        For necessary expenses of the Surface Transportation Board,
    including services authorized by 5 U.S.C. 3109, $26,324,500: Provided,
    That notwithstanding any other provision of law, not to exceed
    $1,250,000 from fees established by the Chairman of the Surface
    Transportation Board shall be credited to this appropriation as
    offsetting collections and used for necessary and authorized expenses
    under this heading: Provided further, That the sum herein appropriated
    from the general fund shall be reduced on a dollar-for-dollar basis as
    such offsetting collections are received during fiscal year 2008, to
    result in a final appropriation from the general fund estimated at no
    more than $25,074,500.

                General Provisions--Department of Transportation

                         (including transfers of funds)

                             (including rescissions)

        Sec. 180. During the current fiscal year applicable appropriations
    to the Department of Transportation shall be available for maintenance
    and operation of aircraft; hire of passenger motor vehicles and
    aircraft; purchase of liability insurance for motor vehicles operating
    in foreign countries on official department business; and uniforms or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902).
        Sec. 181. Appropriations contained in this Act for the Department of
    Transportation shall be available for services as authorized by 5 U.S.C.
    3109, but at rates for individuals not to exceed the per diem rate
    equivalent to the rate for an Executive Level IV.
        Sec. 182. None of the funds in this Act shall be available for
    salaries and expenses of more than 110 political and Presidential
    appointees in the Department of Transportation: Provided, That none of
    the personnel covered by this provision may be assigned on temporary
    detail outside the Department of Transportation.
        Sec. 183. None of the funds in this Act shall be used to implement
    section 404 of title 23, United States Code.
        Sec. 184. (a) No recipient of funds made available in this Act shall
    disseminate personal information (as defined in 18 U.S.C. 2725(3))
    obtained by a State department of motor vehicles in connection with a
    motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
    in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
        (b) Notwithstanding subsection (a), the Secretary shall not withhold
    funds provided in this Act for any grantee if a State is in
    noncompliance with this provision.
        Sec. 185. Funds received by the Federal Highway Administration,
    Federal Transit Administration, and Federal Railroad Administration from
    States, counties, municipalities, other public authorities, and private
    sources for expenses incurred for training may be credited respectively
    to the Federal Highway Administration's ``Federal-Aid Highways''
    account, the Federal Transit

    [[Page 121 STAT. 2406]]

    Administration's ``Research and University Research Centers'' account,
    and to the Federal Railroad Administration's ``Safety and Operations''
    account, except for State rail safety inspectors participating in
    training pursuant to 49 U.S.C. 20105.
        Sec. 186. Funds provided or limited in this Act under the
    appropriate accounts within the Federal Highway Administration, the
    Federal Railroad Administration and the Federal Transit Administration
    shall be made available for the eligible programs, projects and
    activities at the level of 98 percent of the corresponding amounts
    identified in the explanatory statement accompanying this Act for the
    ``Delta Regional Transportation Development Program'', ``Ferry Boats and
    Ferry Terminal Facilities'', ``Federal Lands'', ``Interstate Maintenance
    Discretionary'', ``Transportation, Community and System Preservation
    Program'', ``Rail Line Relocation and Improvement Program'', ``Rail-
    highway crossing hazard eliminations'', ``Alternatives analysis'', and
    ``Bus and bus facilities'': Provided, That amounts authorized within the
    Federal Highway Administration for fiscal year 2008 for the Interstate
    Maintenance Discretionary program under section 118(c) of title 23,
    United States Code, the Ferry Boats and Ferry Terminal Facilities
    program under section 147 of title 23, United States Code (excluding the
    set-aside for projects on the National Highway System authorized by
    section 147(b) of such title), the Public Lands Highways Discretionary
    program under section 202(b)(1)(A) of title 23, United States Code, and
    the Transportation, Community and System Preservation program under
    section 1117 of Public Law 109-59 in excess of the amounts so set aside
    by the first clause of this section for such programs, projects and
    activities in the explanatory statement accompanying this Act are
    rescinded: Provided further, That amounts authorized within the Federal
    Railroad Administration for fiscal year 2008 for Rail-highway Crossing
    Hazard Eliminations under section 104(d)(2)(A) of title 23, United
    States Code (excluding the set-aside for certain improvements authorized
    by section 104(d)(2)(E) of such title), in excess of the amounts so set
    aside by the first clause of this section for such programs, projects
    and activities in the explanatory statement accompanying this Act are
    rescinded.
        Sec. 187. Notwithstanding any other provisions of law, rule or
    regulation, the Secretary of Transportation is authorized to allow the
    issuer of any preferred stock heretofore sold to the Department to
    redeem or repurchase such stock upon the payment to the Department of an
    amount determined by the Secretary.
        Sec. 188. <<NOTE: Notification. Deadline.>>  None of the funds in
    this Act to the Department of Transportation may be used to make a grant
    unless the Secretary of Transportation notifies the House and Senate
    Committees on Appropriations not less than 3 full business days before
    any discretionary grant award, letter of intent, or full funding grant
    agreement totaling $500,000 or more is announced by the department or
    its modal administrations from: (1) any discretionary grant program of
    the Federal Highway Administration including the emergency relief
    program; (2) the airport improvement program of the Federal Aviation
    Administration; or (3) any program of the Federal Transit Administration
    other than the formula grants and fixed guideway modernization programs:
    Provided, That <<NOTE: Notification.>> the Secretary gives concurrent
    notification to the House and Senate Committees

    [[Page 121 STAT. 2407]]

    on Appropriations for any ``quick release'' of funds from the emergency
    relief program: Provided further, That no notification shall involve
    funds that are not available for obligation.

        Sec. 189. Rebates, refunds, incentive payments, minor fees and other
    funds received by the Department of Transportation from travel
    management centers, charge card programs, the subleasing of building
    space, and miscellaneous sources are to be credited to appropriations of
    the Department of Transportation and allocated to elements of the
    Department of Transportation using fair and equitable criteria and such
    funds shall be available until expended.
        Sec. 190. Amounts made available in this or any other Act that the
    Secretary determines represent improper payments by the Department of
    Transportation to a third party contractor under a financial assistance
    award, which are recovered pursuant to law, shall be available--
                (1) to reimburse the actual expenses incurred by the
            Department of Transportation in recovering improper payments;
            and
                (2) to pay contractors for services provided in recovering
            improper payments or contractor support in the implementation of
            the Improper Payments Information Act of 2002: Provided, That
            amounts in excess of that required for paragraphs (1) and (2)--
                        (A) shall be credited to and merged with the
                    appropriation from which the improper payments were
                    made, and shall be available for the purposes and period
                    for which such appropriations are available; or
                        (B) if no such appropriation remains available,
                    shall be deposited in the Treasury as miscellaneous
                    receipts: Provided, That
                    prior <<NOTE: Notification.>> to the transfer of any
                    such recovery to an appropriations account, the
                    Secretary shall notify the House and Senate Committees
                    on Appropriations of the amount and reasons for such
                    transfer: Provided further, That for purposes of this
                    section, the term ``improper payments'', has the same
                    meaning as that provided in section 2(d)(2) of Public
                    Law 107-300.

        Sec. 191. (a) Funds provided in Public Law 102-143 in the item
    relating to ``Highway Bypass Demonstration Project'' shall be available
    for the improvement of Route 101 in the vicinity of Prunedale, Monterey
    County, California.
        (b) Funds provided under section 378 of the Department of
    Transportation and Related Agencies Appropriations Act, 2001 (Public Law
    106-346, 114 Stat. 1356, 1356A-41), for the reconstruction of School
    Road East in Marlboro Township, New Jersey, shall be available for the
    Spring Valley Road Project in Marlboro Township, New Jersey.
        (c) Notwithstanding any other provision of law, of the unexpended
    balance of funds made available in title I, chapter III, of Public Law
    97-216 (96 Stat. 180, 187) under the heading ``Federal-aid Highway
    Program'' to execute contracts to replace or rehabilitate highway
    bridges, as designated on page 19 of House Report 97-632, $5,000,000
    shall be made available for East Chicago Road Reconstruction, East
    Chicago, Indiana, and the remaining unexpended funds shall be made
    available for Calumet Avenue Grade Separation, Munster, Indiana.

    [[Page 121 STAT. 2408]]

        (d) Of the unobligated balance appropriated under the heading
    ``Highway Demonstration Projects'' in title I of Public Law 102-143 (105
    Stat. 929) that was allocated for Routes 70/38 Circle Elimination, New
    Jersey, $1,500,000 shall be transferred to, and made available for, the
    Delaware Street Bridge Replacement Project, (CR640) Bridge over Mathews
    Branch in West Deptford Township, New Jersey.
        Sec. 192. Notwithstanding any other provision of law, if any funds
    provided in or limited by this Act are subject to a reprogramming action
    that requires notice to be provided to the House and Senate Committees
    on Appropriations, said reprogramming action shall be approved or denied
    solely by the Committees on Appropriations: Provided, That the Secretary
    may provide notice to other congressional committees of the action of
    the Committees on Appropriations on such reprogramming but not sooner
    than 30 days following the date on which the reprogramming action has
    been approved or denied by the House and Senate Committees on
    Appropriations.
        Sec. 193. (a) None of the funds appropriated or otherwise made
    available under this Act to the Surface Transportation Board of the
    Department of Transportation may be used to take any action to allow any
    activity described in subsection (b) in a case, matter, or declaratory
    order involving a railroad, or an entity claiming or seeking authority
    to operate as a railroad, unless the Board receives written assurance
    from the Governor, or the Governor's designee, of the State in which
    such activity will occur that such railroad or entity has agreed to
    comply with State and local regulations that establish public health,
    safety, and environmental standards for the activities described in
    subsection (b), other than zoning laws or regulations.
        (b) Activities referred to in subsection (a) are activities that
    occur at a solid waste rail transfer facility involving--
                (1) the collection, storage, or transfer of solid waste (as
            defined in section 1004 of the Solid Waste Disposal Act (42
            U.S.C. 6903)) outside of original shipping containers; or
                (2) the separation or processing of solid waste (including
            baling, crushing, compacting, and shredding).

        Sec. 194. None of the funds appropriated or otherwise made available
    under this Act may be used by the Surface Transportation Board of the
    Department of Transportation to charge or collect any filing fee for
    rate complaints filed with the Board in an amount in excess of the
    amount authorized for district court civil suit filing fees under
    section 1914 of title 28, United States Code.
        Sec. 195. <<NOTE: Deadline. Website. 5 USC app. 6 note.>> Not later
    than 30 days after the date of enactment of this Act, the Secretary of
    Transportation shall establish and maintain on the homepage of the
    Internet website of the Department of Transportation--
                (1) a direct link to the Internet website of the Office of
            Inspector General of the Department of Transportation; and
                (2) a mechanism by which individuals may anonymously report
            cases of waste, fraud, or abuse with respect to the Department
            of Transportation.

        Sec. 196. None of the funds appropriated or otherwise made available
    by this Act may be obligated or expended by the Administrator of the
    Federal Aviation Administration to displace, reassign, reduce the salary
    of, or subject to a reduction in force any employee at the Academy or
    discontinue the use of the FAA Academy as

    [[Page 121 STAT. 2409]]

    the primary training facility for air traffic controller training as a
    result of implementing the Air Traffic Control Optimum Training Solution
    in its entirety, prior to September 30, 2008.
        Sec. 197. Prohibition on Imposition and Collection of Tolls on
    Certain Highways Constructed Using Federal Funds. (a) Definitions.--In
    this section:
                (1) Federal highway facility.--
                        (A) In general.--The term ``Federal highway
                    facility'' means--
                              (i) any highway, bridge, or tunnel on the
                          Interstate System that is constructed using
                          Federal funds; or
                              (ii) any United States highway.
                        (B) Exclusion.--The term ``Federal highway
                    facility'' does not include any right-of-way for any
                    highway, bridge, or tunnel described in subparagraph
                    (A).
                (2) Tolling provision.--The term ``tolling provision'' means
            section 1216(b) of the Transportation Equity Act for the 21st
            Century (23 U.S.C. 129 note; 112 Stat. 212);

        (b) Prohibition.--
                (1) In general.--None of the funds made available by this
            Act shall be used to consider or approve an application to
            permit the imposition or collection of any toll on any portion
            of a Federal highway facility in the State of Texas--
                        (A)(i) that is in existence on the date of enactment
                    of this Act; and
                        (ii) on which no toll is imposed or collected under
                    a tolling provision on that date of enactment; or
                        (B) that would result in the Federal highway
                    facility having fewer non-toll lanes than before the
                    date on which the toll was first imposed or collected.
                (2) Exemption.--Paragraph (1) shall not apply to the
            imposition or collection of a toll on a Federal highway
            facility--
                        (A) on which a toll is imposed or collected under a
                    tolling provision on the date of enactment of this Act;
                    or
                        (B) that is constructed, under construction, or the
                    subject of an application for construction submitted to
                    the Secretary, after the date of enactment of this Act.

        (c) State Buy-Back.--None of the funds made available by this Act
    shall be used to impose or collect a toll on a Federal highway facility
    in the State of Texas that is purchased by the State of Texas on or
    after the date of enactment of this Act.
        Sec. 198. Notwithstanding any other provision of law, the funding
    made available for the Schuylkill Valley Metro project through the
    Department of Transportation Appropriations Acts for Federal Fiscal
    Years 2004 and 2005 shall remain available for that project during
    fiscal year 2008.
        This title may be cited as the ``Department of Transportation
    Appropriations Act, 2008''.

    [[Page 121 STAT. 2410]]

    TITLE <<NOTE: Department of Housing and Urban Development Appropriations
    Act, 2008.>> II

                   DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                               Executive Direction

        For necessary salaries and expenses for Executive Direction,
    $24,980,000, of which not to exceed $3,930,000 shall be available for
    the immediate Office of the Secretary and Deputy Secretary; not to
    exceed $1,580,000 shall be available for the Office of Hearings and
    Appeals; not to exceed $510,000 shall be available for the Office of
    Small and Disadvantaged Business Utilization, not to exceed $725,000
    shall be available for the immediate Office of the Chief Financial
    Officer; not to exceed $1,155,000 shall be available for the immediate
    Office of the General Counsel; not to exceed $2,670,000 shall be
    available to the Office of the Assistant Secretary for Congressional and
    Intergovernmental Relations; not to exceed $2,520,000 shall be for the
    Office of the Assistant Secretary for Public Affairs; not to exceed
    $1,630,000 shall be available for the Office of the Assistant Secretary
    for Administration; not to exceed $1,620,000 shall be available to the
    Office of the Assistant Secretary for Public and Indian Housing; not to
    exceed $1,520,000 shall be available to the Office of the Assistant
    Secretary for Community Planning and Development; not to exceed
    $3,600,000 shall be available to the Office of the Assistant Secretary
    for Housing, Federal Housing Commissioner; not to exceed $1,570,000
    shall be available to the Office of the Assistant Secretary for Policy
    Development and Research; and not to exceed $1,950,000 shall be
    available to the Office of the Assistant Secretary for Fair Housing and
    Equal Opportunity: Provided, <<NOTE: Notification.>> That the Secretary
    of the Department of Housing and Urban Development is authorized to
    transfer funds appropriated for any office funded under this heading to
    any other office funded under this heading following the written
    notification to the House and Senate Committees on Appropriations:
    Provided further, That no appropriation for any office shall be
    increased or decreased by more than 5 percent by all such transfers:
    Provided further, <<NOTE: Notification.>> That notice of any change in
    funding greater than 5 percent shall be submitted for prior approval to
    the House and Senate Committees on Appropriations: Provided
    further, <<NOTE: Notification.>> That the Secretary shall provide the
    Committees on Appropriations quarterly written notification regarding
    the status of pending congressional reports: Provided further, That not
    to exceed $25,000 of the amount made available under this paragraph for
    the immediate Office of the Secretary shall be available for official
    reception and representation expenses as the Secretary may determine.

                    ADMINISTRATION, OPERATIONS AND MANAGEMENT

        For necessary salaries and expenses for administration, operations
    and management for the Department of Housing and Urban Development,
    $493,630,000, of which not to exceed $69,070,000 shall be available for
    the personnel compensation and benefits of the Office of Administration;
    not to exceed $10,630,000 shall be available for the personnel
    compensation and benefits of the Office of Departmental Operations and
    Coordination; not to exceed $51,300,000 shall be available for the
    personnel compensation and benefits of the Office of Field Policy and
    Management; not to exceed $12,370,000 shall be available for the
    personnel compensation and

    [[Page 121 STAT. 2411]]

    benefits of the Office of the Chief Procurement Officer; not to exceed
    $31,600,000 shall be available for the personnel compensation and
    benefits of the remaining staff in the Office of the Chief Financial
    Officer; not to exceed $80,670,000 shall be available for the personnel
    compensation and benefits of the remaining staff of the Office of the
    General Counsel; not to exceed $2,810,000 shall be available for the
    personnel compensation and benefits of the Office of Departmental Equal
    Employment Opportunity; not to exceed $1,160,000 shall be available for
    the personnel compensation and benefits for the Center for Faith-Based
    and Community Initiatives; not to exceed $234,020,000 shall be available
    for non-personnel expenses of the Department of Housing and Urban
    Development: Provided, That, funds provided under the heading may be
    used for necessary administrative and non-administrative expenses of the
    Department of Housing and Urban Development, not otherwise provided for,
    including purchase of uniforms, or allowances therefor, as authorized by
    5 U.S.C. 5901-5902; hire of passenger motor vehicles; services as
    authorized by 5 U.S.C. 3109: Provided further, That notwithstanding any
    other provision of law, funds appropriated under this heading may be
    used for advertising and promotional activities that support the housing
    mission area: Provided further, That the Secretary of Housing and Urban
    Development is authorized to transfer funds appropriated for any office
    included in Administration, Operations and Management to any other
    office included in Administration, Operations and Management only after
    such transfer has been submitted to, and received prior written approval
    by, the House and Senate Committees on Appropriations: Provided further,
    That no appropriation for any office shall be increased or decreased by
    more than 10 percent by all such transfers.

          PUBLIC AND INDIAN HOUSING PERSONNEL COMPENSATION AND BENEFITS

        For necessary personnel compensation and benefits expenses of the
    Office of Public and Indian Housing, $173,310,000.

     COMMUNITY PLANNING AND DEVELOPMENT PERSONNEL COMPENSATION AND BENEFITS

        For necessary personnel compensation and benefits expenses of the
    Office of Community Planning and Development mission area, $90,310,000.

                   HOUSING PERSONNEL COMPENSATION AND BENEFITS

        For necessary personnel compensation and benefits expenses of the
    Office of Housing, $334,450,000.

             OFFICE OF THE GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

                       PERSONNEL COMPENSATION AND BENEFITS

        For necessary personnel compensation and benefits expenses of the
    Office of the Government National Mortgage Association, $8,250,000.

    [[Page 121 STAT. 2412]]

       POLICY DEVELOPMENT AND RESEARCH PERSONNEL COMPENSATION AND BENEFITS

        For necessary personnel compensation and benefits expenses of the
    Office of Policy Development and Research, $16,950,000.

     FAIR HOUSING AND EQUAL OPPORTUNITY PERSONNEL COMPENSATION AND BENEFITS

        For necessary personnel compensation and benefits expenses of the
    Office of Fair Housing and Equal Opportunity, $63,140,000.

                 OFFICE OF HEALTHY HOMES AND LEAD HAZARD CONTROL

                       PERSONNEL COMPENSATION AND BENEFITS

        For necessary personnel compensation and benefits expenses of the
    Office of Healthy Homes and Lead Hazard Control, $6,980,000.

                            Public and Indian Housing

                         Tenant-Based Rental Assistance

                          (including transfer of funds)

        For activities and assistance for the provision of tenant-based
    rental assistance authorized under the United States Housing Act of
    1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
    otherwise provided for, $16,391,000,000, to remain available until
    expended, of which $12,233,000,000 shall be available on October 1,
    2007, and $4,158,000,000 shall be available on October 1, 2008:
    Provided, That the amounts made available under this heading are
    provided as follows:
                (1) $14,694,506,000 for renewals of expiring section 8
            tenant-based annual contributions contracts (including renewals
            of enhanced vouchers under any provision of law authorizing such
            assistance under section 8(t) of the Act): Provided, That
            notwithstanding any other provision of law, from amounts
            provided under this paragraph and any carryover, the Secretary
            for the calendar year 2008 funding cycle shall provide renewal
            funding for each public housing agency based on voucher
            management system (VMS) leasing and cost data for the most
            recent Federal fiscal year and by applying the 2008 Annual
            Adjustment Factor as established by the Secretary, and by making
            any necessary adjustments for the costs associated with deposits
            to family self-sufficiency program escrow accounts or the first-
            time renewal of tenant protection or HOPE VI vouchers or
            vouchers that were not in use during the 12-month period in
            order to be available to meet a commitment pursuant to section
            8(o)(13) of the Act: Provided further, That notwithstanding the
            first proviso, except for applying the 2008 Annual Adjustment
            Factor and making any other specified adjustments, public
            housing agencies specified in category 1 below shall receive
            funding for calendar year 2008 based on the higher of the
            amounts the agencies would receive under the first proviso or
            the amounts the agencies received in calendar year 2007, and
            public housing agencies specified in categories 2 and 3 below
            shall receive funding for calendar year

    [[Page 121 STAT. 2413]]

            2008 equal to the amounts the agencies received in calendar year
            2007, except that public housing agencies specified in
            categories 1 and 2 below shall receive funding under this
            proviso only if, and to the extent that, any such public housing
            agency submits a plan, approved by the Secretary, that
            demonstrates that the agency can effectively use within 12
            months the funding that the agency would receive under this
            proviso that is in addition to the funding that the agency would
            receive under the first proviso: (1) public housing agencies
            that are eligible for assistance under section 901 in Public Law
            109-148 (119 Stat. 2781) or are located in the same counties as
            those eligible under section 901 and operate voucher programs
            under section 8(o) of the United States Housing Act of 1937 but
            do not operate public housing under section 9 of such Act, and
            any public housing agency that otherwise qualifies under this
            category must demonstrate that they have experienced a loss of
            rental housing stock as a result of the 2005 hurricanes; (2)
            public housing agencies that would receive less funding under
            the first proviso than they would receive under this proviso and
            that have been placed in receivership within the 24 months
            preceding the date of enactment of this Act; and (3) public
            housing agencies that spent more in calendar year 2007 than the
            total of the amounts of any such public housing agency's
            allocation amount for calendar year 2007 and the amount of any
            such public housing agency's available housing assistance
            payments undesignated funds balance from calendar year 2006 and
            the amount of any such public housing agency's available
            administrative fees undesignated funds balance through calendar
            year 2007: Provided further, That notwithstanding the first two
            provisos under this paragraph, the amount of calendar year 2008
            renewal funding for any agency otherwise authorized under such
            provisos shall be reduced by the amount of any unusable amount
            (as determined by the Secretary, due to limits in this paragraph
            with respect to an agency's authorized level of units under
            contract) in such agency's net restricted assets account, in
            accordance with the most recent VMS data in calendar year 2007
            that is verifiable and complete, which exceeds 7 percent of the
            amount of renewal funding allocated to the agency for the
            calendar year 2007 funding cycle pursuant to section 21033 of
            Public Law 110-5, as amended by section 4802 of Public Law 110-
            28: Provided further, That up to $50,000,000 shall be available
            only: (1) to adjust the allocations for public housing agencies,
            after application for an adjustment by a public housing agency
            that experienced a significant increase, as determined by the
            Secretary, in renewal costs from portability under section 8(r)
            of the Act of tenant-based rental assistance; and (2) for
            adjustments for public housing agencies with voucher leasing
            rates at the end of the calendar year that exceed the average
            leasing for the 12-month period used to establish the
            allocation: Provided further, That none of the funds provided
            under this paragraph may be used to support a total number of
            unit months under lease which exceeds a public housing agency's
            authorized level of units under contract: Provided further, That
            the Secretary shall, to the extent necessary to stay within the
            amount specified under this paragraph, after subtracting
            $723,257,000 from such amount, pro rate each public housing

    [[Page 121 STAT. 2414]]

            agency's allocation otherwise established pursuant to this
            paragraph: Provided <<NOTE: Notification. Deadline.>> further,
            That except as provided in the last proviso, the entire amount
            specified under this paragraph, except for $723,257,000 shall be
            obligated to the public housing agencies based on the allocation
            and pro rata method described above and the Secretary shall
            notify public housing agencies of their annual budget not later
            than 60 days after enactment of this Act: Provided further, That
            the Secretary may extend the 60 day notification period with the
            written approval of the House and Senate Committees on
            Appropriations: Provided further, That public housing agencies
            participating in the Moving to Work demonstration shall be
            funded pursuant to their Moving to Work agreements and shall be
            subject to the same pro rata adjustments under the previous
            proviso.
                (2) $200,000,000 for section 8 rental assistance for
            relocation and replacement of housing units that are demolished
            or disposed of pursuant to the Omnibus Consolidated Rescissions
            and Appropriations Act of 1996 (Public Law 104-134), conversion
            of section 23 projects to assistance under section 8, the family
            unification program under section 8(x) of the Act, relocation of
            witnesses in connection with efforts to combat crime in public
            and assisted housing pursuant to a request from a law
            enforcement or prosecution agency, enhanced vouchers under any
            provision of law authorizing such assistance under section 8(t)
            of the Act, HOPE VI vouchers, mandatory and voluntary
            conversions, and tenant protection assistance including
            replacement and relocation <<NOTE: Vouchers.>> assistance:
            Provided, That the Secretary shall provide replacement vouchers
            for all units that were occupied within the previous 24 months
            that cease to be available as assisted housing due to
            demolition, disposition, or conversion, subject only to the
            availability of funds.
                (3) $49,000,000 for family self-sufficiency coordinators
            under section 23 of the Act.
                (4) up to $6,494,000 may be transferred to the Working
            Capital Fund.
                (5) $1,351,000,000 for administrative and other expenses of
            public housing agencies in administering the section 8 tenant-
            based rental assistance program and which up to $35,000,000
            shall be available to the Secretary to allocate to public
            housing agencies that need additional funds to administer their
            section 8 programs, with up to $30,000,000 to be for fees
            associated with section 8 tenant protection rental assistance:
            Provided, That no less than $1,316,000,000 of the amount
            provided in this paragraph shall be allocated for the calendar
            year 2008 funding cycle on a basis to public housing agencies as
            provided in section 8(q) of the Act as in effect immediately
            before the enactment of the Quality Housing and Work
            Responsibility Act of 1998 (Public Law 105-276).
                (6) $20,000,000 for incremental voucher assistance through
            the Family Unification Program.
                (7) $75,000,000 for incremental rental voucher assistance
            for use through a supported housing program administered in
            conjunction with the Department of Veterans Affairs as
            authorized under section 8(o)(19) of the United States Housing
            Act of 1937: Provided, That the Secretary of Housing and Urban
            Development shall make such funding available, notwithstanding
            section 204 (competition provision) of this title,

    [[Page 121 STAT. 2415]]

            to public housing agencies that partner with eligible VA Medical
            Centers or other entities as designated by the Secretary of the
            Department of Veterans Affairs, based on geographical need for
            such assistance as identified by the Secretary of the Department
            of Veterans Affairs, public housing agency administrative
            performance, and other factors as specified by the Secretary of
            Housing and Urban Development in consultation with the Secretary
            of the Department of Veterans Affairs: Provided further,
            That <<NOTE: Waiver authority.>> the Secretary of Housing and
            Urban Development may waive, or specify alternative requirements
            for (in consultation with the Secretary of the Department of
            Veterans Affairs), any provision of any statute or regulation
            that the Secretary of Housing and Urban Development administers
            in connection with the use of funds made available under this
            paragraph (except for requirements related to fair housing,
            nondiscrimination, labor standards, and the environment), upon a
            finding by the Secretary that any such waivers or alternative
            requirements are necessary for the effective delivery and
            administration of such voucher assistance: Provided further,
            That assistance made available under this paragraph shall
            continue to remain available for homeless veterans upon turn-
            over.
                (8) $30,000,000 for incremental vouchers under section 8 of
            the Act for nonelderly disabled families affected by the
            designation of a public housing development under section 7 of
            the Act, the establishment of preferences in accordance with
            section 651 of the Housing and Community Development Act of 1992
            (42 U.S.C. 13611), or the restriction of occupancy to elderly
            families in accordance with section 658 of such Act (42 U.S.C.
            13618), and to the extent the Secretary determines that such
            amount is not needed to fund applications for such affected
            families, for other nonelderly disabled families.

                            Housing Certificate Fund

                                  (rescission)

        Of <<NOTE: Deadline.>> the unobligated balances, including
    recaptures and carryover, remaining from funds appropriated to the
    Department of Housing and Urban Development under this heading, the
    heading ``Annual Contributions for Assisted Housing'', the heading
    ``Tenant-Based Rental Assistance'', and the heading ``Project-Based
    Rental Assistance'', for fiscal year 2007 and prior years,
    $1,250,000,000 are rescinded, to be effected by the Secretary of Housing
    and Urban Development no later than September 30, 2008: Provided, That
    if insufficient funds exist under these headings, the remaining balance
    may be derived from any other heading under this title: Provided
    further, <<NOTE: Notification. Deadline.>> That the Secretary shall
    notify the Committees on Appropriations 30 days in advance of the
    rescission of any funds derived from the headings specified above:
    Provided further, That any such balances governed by reallocation
    provisions under the statute authorizing the program for which the funds
    were originally appropriated shall be available for the rescission:
    Provided further, That any obligated balances of contract authority from
    fiscal year 1974 and prior that have been terminated shall be cancelled.

    [[Page 121 STAT. 2416]]

                         Project-Based Rental Assistance

                          (including transfer of funds)

        For activities and assistance for the provision of project-based
    subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
    1437 et seq.) (``the Act''), not otherwise provided for, $6,381,810,000,
    to remain available until expended: Provided, That the amounts made
    available under this heading are provided as follows:
                (1) Up to $6,139,122,000 for expiring or terminating section
            8 project-based subsidy contracts (including section 8 moderate
            rehabilitation contracts), for amendments to section 8 project-
            based subsidy contracts (including section 8 moderate
            rehabilitation contracts), for contracts entered into pursuant
            to section 441 of the McKinney-Vento Homeless Assistance Act (42
            U.S.C. 11401), for renewal of section 8 contracts for units in
            projects that are subject to approved plans of action under the
            Emergency Low Income Housing Preservation Act of 1987 or the
            Low-Income Housing Preservation and Resident Homeownership Act
            of 1990, and for administrative and other expenses associated
            with project-based activities and assistance funded under this
            paragraph.
                (2) Not less than $238,728,000 but not to exceed
            $286,230,000 for performance-based contract administrators for
            section 8 project-based assistance: Provided, That the Secretary
            of Housing and Urban Development may also use such amounts for
            performance-based contract administrators for: interest
            reduction payments pursuant to section 236(a) of the National
            Housing Act (12 U.S.C. 1715z-1(a)); rent supplement payments
            pursuant to section 101 of the Housing and Urban Development Act
            of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
            payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
            contracts for the elderly under section 202(c)(2) of the Housing
            Act of 1959 (12 U.S.C. 1701q); project rental assistance
            contracts for supportive housing for persons with disabilities
            under section 811(d)(2) of the Cranston-Gonzalez National
            Affordable Housing Act (42 U.S.C. 8013(d)(2)); project
            assistance contracts pursuant to section 202(h) of the Housing
            Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans under
            section 202 of the Housing Act of 1959 (Public Law 86-372; 73
            Stat. 667).
                (3) Not to exceed $3,960,000 may be transferred to the
            Working Capital Fund.
                (4) Amounts recaptured under this heading, the heading
            ``Annual Contributions for Assisted Housing'', or the heading
            ``Housing Certificate Fund'' may be used for renewals of or
            amendments to section 8 project-based contracts or for
            performance-based contract administrators, notwithstanding the
            purposes for which such amounts were appropriated.

                           Public Housing Capital Fund

                          (including transfer of funds)

        For the Public Housing Capital Fund Program to carry out capital and
    management activities for public housing agencies, as authorized under
    section 9 of the United States Housing Act of

    [[Page 121 STAT. 2417]]

    1937 (42 U.S.C. 1437g) (the ``Act'') $2,438,964,000, to remain available
    until September 30, 2011: Provided, That notwithstanding any other
    provision of law or regulation, during fiscal year 2008 the Secretary of
    Housing and Urban Development may not delegate to any Department
    official other than the Deputy Secretary and the Assistant Secretary for
    Public and Indian Housing any authority under paragraph (2) of section
    9(j) regarding the extension of the time periods under such section:
    Provided further, That for purposes of such section 9(j), the term
    ``obligate'' means, with respect to amounts, that the amounts are
    subject to a binding agreement that will result in outlays, immediately
    or in the future: Provided further, That of the total amount provided
    under this heading, up to $12,000,000 shall be for carrying out
    activities under section 9(h) of such Act; not to exceed $16,847,000 may
    be transferred to the Working Capital Fund; and up to $15,345,000 shall
    be to support the ongoing Public Housing Financial and Physical
    Assessment activities of the Real Estate Assessment Center (REAC):
    Provided further, That no funds may be used under this heading for the
    purposes specified in section 9(k) of the Act: Provided further, That of
    the total amount provided under this heading, not to exceed $18,500,000
    shall be available for the Secretary to make grants, notwithstanding
    section 204 of this Act, to public housing agencies for emergency
    capital needs resulting from unforeseen or unpreventable emergencies and
    natural disasters occurring in fiscal year 2008: Provided further, That
    of the total amount provided under this heading, $40,000,000 shall be
    for supportive services, service coordinators and congregate services as
    authorized by section 34 of the Act (42 U.S.C. 1437z-6) and the Native
    American Housing Assistance and Self-Determination Act of 1996 (25
    U.S.C. 4101 et seq.): Provided further, That of the total amount
    provided under this heading up to $8,820,000 is to support the costs of
    administrative and judicial receiverships: Provided further, That from
    the funds made available under this heading, the Secretary shall provide
    bonus awards in fiscal year 2008 to public housing agencies that are
    designated high performers.

                          Public Housing Operating Fund

        For 2008 payments to public housing agencies for the operation and
    management of public housing, as authorized by section 9(e) of the
    United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,200,000,000;
    of which $5,940,000 shall be for competitive grants and contracts to
    third parties for the provision of technical assistance to public
    housing agencies related to the transition and implementation of asset-
    based management in public housing: Provided, That, <<NOTE: 42 USC 1437g
    note.>> in fiscal year 2008 and all fiscal years hereafter, no amounts
    under this heading in any appropriations Act may be used for payments to
    public housing agencies for the costs of operation and management of
    public housing for any year prior to the current year of such Act:
    Provided further, That no funds may be used under this heading for the
    purposes specified in section 9(k) of the United States Housing Act of
    1937.

         Revitalization of Severely Distressed Public Housing (Hope VI)

        For grants to public housing agencies for demolition, site
    revitalization, replacement housing, and tenant-based assistance grants
    to projects as authorized by section 24 of the United States

    [[Page 121 STAT. 2418]]

    Housing Act of 1937 (42 U.S.C. 1437v), $100,000,000, to remain available
    until September 30, 2008, of which the Secretary of Housing and Urban
    Development shall use $2,400,000 for technical assistance and contract
    expertise, to be provided directly or indirectly by grants, contracts or
    cooperative agreements, including training and cost of necessary travel
    for participants in such training, by or to officials and employees of
    the department and of public housing agencies and to residents:
    Provided, That none of such funds shall be used directly or indirectly
    by granting competitive advantage in awards to settle litigation or pay
    judgments, unless expressly permitted herein.

                      Native American Housing Block Grants

        For the Native American Housing Block Grants program, as authorized
    under title I of the Native American Housing Assistance and Self-
    Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
    $630,000,000, to remain available until expended: Provided, That,
    notwithstanding the Native American Housing Assistance and Self-
    Determination Act of 1996, to determine the amount of the allocation
    under title I of such Act for each Indian tribe, the Secretary shall
    apply the formula under section 302 of such Act with the need component
    based on single-race Census data and with the need component based on
    multi-race Census data, and the amount of the allocation for each Indian
    tribe shall be the greater of the two resulting allocation amounts:
    Provided further, That of the amounts made available under this heading,
    $2,000,000 shall be contracted for assistance for a national
    organization representing Native American Housing interests for
    providing training and technical assistance to Indian Housing
    authorities and tribally designated housing entities as authorized under
    NAHASDA; and $4,250,000 shall be to support the inspection of Indian
    housing units, contract expertise, training, and technical assistance in
    the training, oversight, and management of such Indian housing and
    tenant-based assistance, including up to $300,000 for related travel:
    Provided further, That of the amount provided under this heading,
    $1,980,000 shall be made available for the cost of guaranteed notes and
    other obligations, as authorized by title VI of NAHASDA: Provided
    further, That such costs, including the costs of modifying such notes
    and other obligations, shall be as defined in section 502 of the
    Congressional Budget Act of 1974, as amended: Provided further, That
    these funds are available to subsidize the total principal amount of any
    notes and other obligations, any part of which is to be guaranteed, not
    to exceed $17,000,000.

                       native hawaiian housing block grant

        For the Native Hawaiian Housing Block Grant program, as authorized
    under title VIII of the Native American Housing Assistance and Self-
    Determination Act of 1996 (25 U.S.C. 4111 et seq.), $9,000,000, to
    remain available until expended, of which $300,000 shall be for training
    and technical assistance activities.

               Indian Housing Loan Guarantee Fund Program Account

        For the cost of guaranteed loans, as authorized by section 184 of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
    $7,450,000, to remain available until expended:

    [[Page 121 STAT. 2419]]

    Provided, That such costs, including the costs of modifying such loans,
    shall be as defined in section 502 of the Congressional Budget Act of
    1974: Provided further, That these funds are available to subsidize
    total loan principal, any part of which is to be guaranteed, up to
    $367,000,000.

           Native Hawaiian Housing Loan Guarantee Fund Program Account

        For the cost of guaranteed loans, as authorized by section 184A of
    the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13b),
    $1,044,000, to remain available until expended: Provided, That such
    costs, including the costs of modifying such loans, shall be as defined
    in section 502 of the Congressional Budget Act of 1974: Provided
    further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $41,504,255.

                       Community Planning and Development

                   Housing Opportunities for Persons With AIDS

                          (including transfer of funds)

        For carrying out the Housing Opportunities for Persons with AIDS
    program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
    12901 et seq.), $300,100,000, to remain available until September 30,
    2009, except that amounts allocated pursuant to section 854(c)(3) of
    such Act shall remain available until September 30, 2010: Provided, That
    the Secretary shall renew all expiring contracts for permanent
    supportive housing that were funded under section 854(c)(3) of such Act
    that meet all program requirements before awarding funds for new
    contracts and activities authorized under this section: Provided
    further, That the Secretary may use not to exceed $1,485,000 of the
    funds under this heading for training, oversight, and technical
    assistance activities; and not to exceed $1,485,000 may be transferred
    to the Working Capital Fund.

                     Rural Housing and Economic Development

        For the Office of Rural Housing and Economic Development in the
    Department of Housing and Urban Development, $17,000,000, to remain
    available until expended, which amount shall be competitively awarded by
    September 1, 2008, to Indian tribes, State housing finance agencies,
    State community and/or economic development agencies, local rural
    nonprofits and community development corporations to support innovative
    housing and economic development activities in rural areas.

                           Community Development Fund

                          (including transfer of funds)

        For assistance to units of State and local government, and to other
    entities, for economic and community development activities, and for
    other purposes, $3,865,800,000, to remain available until September 30,
    2010, unless otherwise specified: Provided, That of the amount provided,
    $3,593,430,000 is for carrying out

    [[Page 121 STAT. 2420]]

    the community development block grant program under title I of the
    Housing and Community Development Act of 1974, as amended (the ``Act''
    herein) (42 U.S.C. 5301 et seq.): Provided further, That unless
    explicitly provided for under this heading (except for planning grants
    provided in the second paragraph and amounts made available under the
    third paragraph), not to exceed 20 percent of any grant made with funds
    appropriated under this heading shall be expended for planning and
    management development and administration: Provided further, That not to
    exceed $1,570,000 may be transferred to the Working Capital Fund:
    Provided further, That $3,000,000 is for technical assistance as
    authorized by section 107(b)(4) of such Act: Provided further, That
    $62,000,000 shall be for grants to Indian tribes notwithstanding section
    106(a)(1) of such Act, of which, notwithstanding any other provision of
    law (including section 305 of this Act), up to $3,960,000 may be used
    for emergencies that constitute imminent threats to health and safety.
        Of the amount made available under this heading, $179,830,000 shall
    be available for grants for the Economic Development Initiative (EDI) to
    finance a variety of targeted economic investments in accordance with
    the terms and conditions specified in the explanatory statement
    accompanying this Act: Provided, That the amount made available for each
    grant shall be at the level of 98 percent of the corresponding amount
    cited in said explanatory statement: Provided further, That none of the
    funds provided under this paragraph may be used for program operations:
    Provided further, That, for fiscal years 2006, 2007, and 2008, no
    unobligated funds for EDI grants may be used for any purpose except
    acquisition, planning, design, purchase of equipment, revitalization,
    redevelopment or construction.
        Of the amount made available under this heading, $25,970,000 shall
    be available for neighborhood initiatives that are utilized to improve
    the conditions of distressed and blighted areas and neighborhoods, to
    stimulate investment, economic diversification, and community
    revitalization in areas with population outmigration or a stagnating or
    declining economic base, or to determine whether housing benefits can be
    integrated more effectively with welfare reform initiatives: Provided,
    That amounts made available under this paragraph shall be provided in
    accordance with the terms and conditions specified in the explanatory
    statement accompanying this Act: Provided further, That the amount made
    available for each initiative shall be at the level of 98 percent of the
    corresponding amount cited in said explanatory statement.
        The statement of managers correction referenced in the second
    paragraph under this heading in title III of division A of Public Law
    109-115 is deemed to be amended with respect to item number 846 by
    striking ``Mahonoy City, Pennsylvania for improvements to West Market
    Street'' and inserting ``Mahanoy City, Pennsylvania for improvements to
    Centre Street''.
        The statement of managers correction referenced in the second
    paragraph under this heading in title III of division A of Public Law
    109-115 is deemed to be amended with respect to item number 250 by
    striking ``for renovation and construction of a resource center'' and
    inserting ``for construction of a homeless shelter''.
        The statement of managers correction referenced in the second
    paragraph under this heading in title III of division A of Public Law
    109-115 is deemed to be amended with respect to item number

    [[Page 121 STAT. 2421]]

    713 by striking ``for construction of a senior center'' and inserting
    ``renovation and expansion of facilities''.
        The statement of managers correction referenced in the second
    paragraph under this heading in title III of division A of Public Law
    109-115 is deemed to be amended with respect to item number 844 by
    striking ``Liverpool Township'' and inserting ``Liverpool Borough''.
        The referenced statement of managers under this heading in title II
    of division I of Public Law 108-447 is deemed to be amended with respect
    to item number 36 by striking ``respite care facility'' and inserting
    ``rehabilitative care facility for the developmentally disabled''.
        The referenced statement of managers under this heading in title II
    of division I of Public Law 108-7 is deemed to be amended with respect
    to item number 608 by striking ``construct'' and inserting ``purchase
    and make improvements to facilities for''.
        The referenced statement of managers under this heading in title II
    of division I of Public Law 108-447 is deemed to be amended with respect
    to item number 521 by striking ``Missouri'' and inserting ``Metropolitan
    Statistical Area''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title II of Public Law 108-447 is deemed to be
    amended with respect to item number 203 by striking ``equipment'' and
    inserting ``renovation and construction''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 696 by striking ``a
    Small Business Development Center'' and inserting ``for revitalization
    costs at the College of Agriculture Biotechnology and Natural
    Resources''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 460 by striking
    ``Maine-Mawoshen One Country, Two Worlds Project'' and inserting
    ``Sharing Maine's Maritime Heritage Project--Construction and access to
    exhibits''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 914 by striking ``the
    Pastime Theatre in Bristol, Rhode Island for building improvements'' and
    inserting ``the Institute for the Study and Practice of Nonviolence in
    Providence, Rhode Island for building renovations''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 918 by striking ``South
    Kingstown'' and inserting ``Washington County''.
        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 624 by striking ``for
    the construction of a new technology building'' and inserting ``for
    renovations to the Wheeler Community Center''.
        The referenced statement of the managers under this heading in
    Public Law 109-115 is deemed to be amended with respect to item number
    1065 by inserting ``South'' prior to ``Burlington''.

    [[Page 121 STAT. 2422]]

        The referenced statement of managers under the heading ``Community
    Development Fund'' in title III of division A of Public Law 109-115 is
    deemed to be amended with respect to item number 102 by striking ``for
    preservation of the CA Mining and Mineral Museum'' and inserting ``for
    planning, design, and construction of the CA Mining and Mineral Museum''
    in its place.

              Community Development Loan Guarantees Program Account

        For the cost of guaranteed loans, $4,500,000, to remain available
    until September 30, 2009, as authorized by section 108 of the Housing
    and Community Development Act of 1974 (42 U.S.C. 5308): Provided, That
    such costs, including the cost of modifying such loans, shall be as
    defined in section 502 of the Congressional Budget Act of 1974: Provided
    further, That these funds are available to subsidize total loan
    principal, any part of which is to be guaranteed, not to exceed
    $205,000,000, notwithstanding any aggregate limitation on outstanding
    obligations guaranteed in section 108(k) of the Housing and Community
    Development Act of 1974, as amended.

                            Brownfields Redevelopment

        For competitive economic development grants, as authorized by
    section 108(q) of the Housing and Community Development Act of 1974, as
    amended, for Brownfields redevelopment projects, $10,000,000, to remain
    available until September 30, 2009: Provided, That no funds made
    available under this heading may be used to establish loan loss reserves
    for the section 108 Community Development Loan Guarantee program.

                      HOME Investment Partnerships Program

                          (including transfer of funds)

        For the HOME investment partnerships program, as authorized under
    title II of the Cranston-Gonzalez National Affordable Housing Act, as
    amended, $1,704,000,000, to remain available until September 30, 2010,
    of which not to exceed $3,465,000 may be transferred to the Working
    Capital Fund: Provided, That up to $12,500,000 shall be available for
    technical assistance: Provided further, That of the total amount
    provided in this paragraph, up to $50,000,000 shall be available for
    housing counseling under section 106 of the Housing and Urban
    Development Act of 1968: Provided further, That, from amounts
    appropriated or otherwise made available under this heading, $10,000,000
    may be made available to promote broader participation in homeownership
    through the American Dream Downpayment Initiative, as such initiative is
    set forth under section 271 of the Cranston-Gonzalez National Affordable
    Housing Act (42 U.S.C. 12821).

            self-help and assisted homeownership opportunity program

        For the Self-Help and Assisted Homeownership Opportunity Program, as
    authorized under section 11 of the Housing Opportunity Program Extension
    Act of 1996, as amended, $60,000,000, to remain available until
    September 30, 2010: Provided, That of the total amount provided under
    this heading, $26,500,000 shall be made available to the Self-Help and
    Assisted Homeownership Opportunity

    [[Page 121 STAT. 2423]]

    Program as authorized under section 11 of the Housing Opportunity
    Program Extension Act of 1996, as amended: Provided further, That
    $33,500,000 shall be made available for the first four capacity building
    activities authorized under section 4(a) of the HUD Demonstration Act of
    1993 (42 U.S.C. 9816 note), of which up to $5,000,000 may be made
    available for rural capacity building activities.

                           Homeless Assistance Grants

                          (including transfer of funds)

        For the emergency shelter grants program as authorized under
    subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
    amended; the supportive housing program as authorized under subtitle C
    of title IV of such Act; the section 8 moderate rehabilitation single
    room occupancy program as authorized under the United States Housing Act
    of 1937, as amended, to assist homeless individuals pursuant to section
    441 of the McKinney-Vento Homeless Assistance Act; and the shelter plus
    care program as authorized under subtitle F of title IV of such Act,
    $1,585,990,000, of which $1,580,990,000 shall remain available until
    September 30, 2010, and of which $5,000,000 shall remain available until
    expended for rehabilitation projects with ten-year grant terms:
    Provided, That of the amounts provided, $25,000,000 shall be set aside
    to conduct a demonstration program for the rapid re-housing of homeless
    families: Provided further, That of amounts made available in the
    preceding proviso, not to exceed $1,250,000 may be used to conduct an
    evaluation of this demonstration program: Provided further, That funding
    made available for this demonstration program shall be used by the
    Secretary, expressly for the purposes of providing housing and services
    to homeless families in order to evaluate the effectiveness of the rapid
    re-housing approach in addressing the needs of homeless families:
    Provided further, That not less than 30 percent of funds made available,
    excluding amounts provided for renewals under the shelter plus care
    program, shall be used for permanent housing for individuals and
    families: Provided further, That all funds awarded for services shall be
    matched by 25 percent in funding by each grantee: Provided
    further, <<NOTE: Contracts.>> That the Secretary shall renew on an
    annual basis expiring contracts or amendments to contracts funded under
    the shelter plus care program if the program is determined to be needed
    under the applicable continuum of care and meets appropriate program
    requirements and financial standards, as determined by the Secretary:
    Provided further, That all awards of assistance under this heading shall
    be required to coordinate and integrate homeless programs with other
    mainstream health, social services, and employment programs for which
    homeless populations may be eligible, including Medicaid, State
    Children's Health Insurance Program, Temporary Assistance for Needy
    Families, Food Stamps, and services funding through the Mental Health
    and Substance Abuse Block Grant, Workforce Investment Act, and the
    Welfare-to-Work grant program: Provided further, That up to $8,000,000
    of the funds appropriated under this heading shall be available for the
    national homeless data analysis project and technical assistance:
    Provided further, That not to exceed $2,475,000 of the funds
    appropriated under this heading may be transferred to the Working
    Capital Fund: Provided further, That all balances for Shelter Plus

    [[Page 121 STAT. 2424]]

    Care renewals previously funded from the Shelter Plus Care Renewal
    account and transferred to this account shall be available, if
    recaptured, for Shelter Plus Care renewals in fiscal year 2008.

                                Housing Programs

                             Housing for the Elderly

                          (including transfer of funds)

        For capital advances, including amendments to capital advance
    contracts, for housing for the elderly, as authorized by section 202 of
    the Housing Act of 1959, as amended, and for project rental assistance
    for the elderly under section 202(c)(2) of such Act, including
    amendments to contracts for such assistance and renewal of expiring
    contracts for such assistance for up to a 1-year term, and for
    supportive services associated with the housing, $735,000,000, to remain
    available until September 30, 2011, of which up to $628,850,000 shall be
    for capital advance and project-based rental assistance awards:
    Provided, That, of the amount provided under this heading, up to
    $60,000,000 shall be for service coordinators and the continuation of
    existing congregate service grants for residents of assisted housing
    projects, and of which up to $24,750,000 shall be for grants under
    section 202b of the Housing Act of 1959 (12 U.S.C. 1701q-2) for
    conversion of eligible projects under such section to assisted living or
    related use and for emergency capital repairs as determined by the
    Secretary: Provided further, That of the amount made available under
    this heading, $20,000,000 shall be available to the Secretary of Housing
    and Urban Development only for making competitive grants to private
    nonprofit organizations and consumer cooperatives for covering costs of
    architectural and engineering work, site control, and other planning
    relating to the development of supportive housing for the elderly that
    is eligible for assistance under section 202 of the Housing Act of 1959
    (12 U.S.C. 1701q): Provided further, That amounts under this heading
    shall be available for Real Estate Assessment Center inspections and
    inspection-related activities associated with section 202 capital
    advance projects: Provided further, That not to exceed $1,400,000 of the
    total amount made available under this heading may be transferred to the
    Working Capital Fund: Provided further, That <<NOTE: Waiver
    authority.>> the Secretary may waive the provisions of section 202
    governing the terms and conditions of project rental assistance, except
    that the initial contract term for such assistance shall not exceed 5
    years in duration.

                      Housing for Persons With Disabilities

                          (including transfer of funds)

        For capital advance contracts, including amendments to capital
    advance contracts, for supportive housing for persons with disabilities,
    as authorized by section 811 of the Cranston-Gonzalez National
    Affordable Housing Act (42 U.S.C. 8013), for project rental assistance
    for supportive housing for persons with disabilities under section
    811(d)(2) of such Act, including amendments to contracts for such
    assistance and renewal of expiring contracts for such assistance for up
    to a 1-year term, and for supportive services associated with the
    housing for persons with disabilities as authorized by section 811(b)(1)
    of such Act, and for tenant-based rental

    [[Page 121 STAT. 2425]]

    assistance contracts entered into pursuant to section 811 of such Act,
    $237,000,000, to remain available until September 30, 2011: Provided,
    That not to exceed $600,000 may be transferred to the Working Capital
    Fund: Provided further, That, of the amount provided under this heading,
    $74,745,000 shall be for amendments or renewal of tenant-based
    assistance contracts entered into prior to fiscal year 2005 (only one
    amendment authorized for any such contract): Provided further, That all
    tenant-based assistance made available under this heading shall continue
    to remain available only to persons with disabilities: Provided
    further, <<NOTE: Waiver authority.>> That the Secretary may waive the
    provisions of section 811 governing the terms and conditions of project
    rental assistance and tenant-based assistance, except that the initial
    contract term for such assistance shall not exceed 5 years in duration:
    Provided further, That amounts made available under this heading shall
    be available for Real Estate Assessment Center Inspections and
    inspection-related activities associated with section 811 Capital
    Advance Projects.

                         other assisted housing programs

                            rental housing assistance

        For amendments to contracts under section 101 of the Housing and
    Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
    the National Housing Act (12 U.S.C. 1715z-1) in State-aided, non-insured
    rental housing projects, $27,600,000, to remain available until
    expended.

                                 rent supplement

                                  (rescission)

        Of the amounts made available under the heading ``Rent Supplement''
    in Public Law 98-63 for amendments to contracts under section 101 of the
    Housing and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
    236(f)(2) of the National Housing Act (12 U.S.C. 1715z-1) in State-
    aided, non-insured rental housing projects, $37,600,000 are rescinded.

                              Flexible Subsidy Fund

                               (transfer of funds)

        From <<NOTE: 12 USC 1715z-1 note.>> the Rental Housing Assistance
    Fund, all uncommitted balances of excess rental charges as of September
    30, 2007, and any collections made during fiscal year 2008 and all
    subsequent fiscal years, shall be transferred to the Flexible Subsidy
    Fund, as authorized by section 236(g) of the National Housing Act.

                      Manufactured Housing Fees Trust Fund

        For necessary expenses as authorized by the National Manufactured
    Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
    seq.), up to $16,000,000, to remain available until expended, to be
    derived from the Manufactured Housing Fees Trust Fund: Provided, That
    not to exceed the total amount appropriated under this heading shall be
    available from the general fund of the Treasury to the extent necessary
    to incur obligations and make expenditures pending the receipt of
    collections to the Fund pursuant to section 620 of such Act: Provided
    further, That the amount

    [[Page 121 STAT. 2426]]

    made available under this heading from the general fund shall be reduced
    as such collections are received during fiscal year 2008 so as to result
    in a final fiscal year 2008 appropriation from the general fund
    estimated at not more than $0 and fees pursuant to such section 620
    shall be modified as necessary to ensure such a final fiscal year 2008
    appropriation: Provided further, That for the dispute resolution and
    installation programs, the Secretary of Housing and Urban Development
    may assess and collect fees from any program participant: Provided
    further, That such collections shall be deposited into the Fund, and the
    Secretary, as provided herein, may use such collections, as well as fees
    collected under section 620, for necessary expenses of such Act:
    Provided further, That notwithstanding the requirements of section 620
    of such Act, the Secretary may carry out responsibilities of the
    Secretary under such Act through the use of approved service providers
    that are paid directly by the recipients of their services.

                         Federal Housing Administration

                    mutual mortgage insurance program account

                         (including transfers of funds)

        During fiscal year 2008, commitments to guarantee loans to carry out
    the purposes of section 203(b) of the National Housing Act, as amended,
    shall not exceed a loan principal of $185,000,000,000.
        During fiscal year 2008, obligations to make direct loans to carry
    out the purposes of section 204(g) of the National Housing Act, as
    amended, shall not exceed $50,000,000: Provided, That the foregoing
    amount shall be for loans to nonprofit and governmental entities in
    connection with sales of single family real properties owned by the
    Secretary and formerly insured under the Mutual Mortgage Insurance Fund.
        For administrative contract expenses, $77,400,000, of which not to
    exceed $25,550,000 may be transferred to the Working Capital Fund, and
    of which up to $5,000,000 shall be for education and outreach of FHA
    single family loan products: Provided, That to the extent guaranteed
    loan commitments exceed $65,500,000,000 on or before April 1, 2008, an
    additional $1,400 for administrative contract expenses shall be
    available for each $1,000,000 in additional guaranteed loan commitments
    (including a pro rata amount for any amount below $1,000,000), but in no
    case shall funds made available by this proviso exceed $30,000,000.

                    General and Special Risk Program Account

                         (including transfers of funds)

        For the cost of guaranteed loans, as authorized by sections 238 and
    519 of the National Housing Act (12 U.S.C. 1715z-3 and 1735c), including
    the cost of loan guarantee modifications, as that term is defined in
    section 502 of the Congressional Budget Act of 1974, as amended,
    $8,600,000, to remain available until expended: Provided, That
    commitments to guarantee loans shall not exceed $45,000,000,000 in total
    loan principal, any part of which is to be guaranteed.
        Gross obligations for the principal amount of direct loans, as
    authorized by sections 204(g), 207(l), 238, and 519(a) of the National

    [[Page 121 STAT. 2427]]

    Housing Act, shall not exceed $50,000,000, of which not to exceed
    $30,000,000 shall be for bridge financing in connection with the sale of
    multifamily real properties owned by the Secretary and formerly insured
    under such Act; and of which not to exceed $20,000,000 shall be for
    loans to nonprofit and governmental entities in connection with the sale
    of single-family real properties owned by the Secretary and formerly
    insured under such Act.
        For administrative contract expenses necessary to carry out the
    guaranteed and direct loan programs, $78,111,000, of which not to exceed
    $15,692,000 may be transferred to the Working Capital Fund: Provided,
    That to the extent guaranteed loan commitments exceed $8,426,000,000 on
    or before April 1, 2008, an additional $1,980 for administrative
    contract expenses shall be available for each $1,000,000 in additional
    guaranteed loan commitments over $8,426,000,000 (including a pro rata
    amount for any increment below $1,000,000), but in no case shall funds
    made available by this proviso exceed $14,400,000.
        For discount sales of multifamily real property under sections
    207(1) or 246 of the National Housing Act (12 U.S.C. 1713(l), 1715z-11),
    section 203 of the Housing and Community Development Amendments of 1978
    (12 U.S.C. 1701z-11), or section 204 of the Departments of Veterans
    Affairs and Housing and Urban Development, and Independent Agencies
    Appropriations Act, 1997 (12 U.S.C. 1715z-11a), and for discount loan
    sales under section 207(k) of the National Housing Act (12 U.S.C.
    1713(k)), section 203(k) of the Housing and Community Development
    Amendments of 1978 (12 U.S.C. 1701z-11(k)), or section 204(a) of the
    Departments of Veterans Affairs and Housing and Urban Development, and
    Independent Agencies Act, 1997 (12 U.S.C. 1715z-11a(a)), $5,000,000, to
    remain available until September 30, 2009.

                    Government National Mortgage Association

     Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account

        New commitments to issue guarantees to carry out the purposes of
    section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
    shall not exceed $200,000,000,000, to remain available until September
    30, 2009.

                         Policy Development and Research

                             Research and Technology

        For contracts, grants, and necessary expenses of programs of
    research and studies relating to housing and urban problems, not
    otherwise provided for, as authorized by title V of the Housing and
    Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
    carrying out the functions of the Secretary of Housing and Urban
    Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
    1968, $51,440,000, to remain available until September 30, 2009:
    Provided, That of the total amount provided under this heading, up to
    $5,000,000 shall be for the Partnership for Advancing Technology in
    Housing Initiative: Provided further, That of the funds made available
    under this heading, $23,000,000 is for grants pursuant to section 107 of
    the Housing and Community Development Act of 1974 (42 U.S.C. 5307):
    Provided further, That

    [[Page 121 STAT. 2428]]

    activities for the Partnership for Advancing Technology in Housing
    Initiative shall be administered by the Office of Policy Development and
    Research.

                       Fair Housing and Equal Opportunity

                             Fair Housing Activities

        For contracts, grants, and other assistance, not otherwise provided
    for, as authorized by title VIII of the Civil Rights Act of 1968, as
    amended by the Fair Housing Amendments Act of 1988, and section 561 of
    the Housing and Community Development Act of 1987, as amended,
    $50,000,000, to remain available until September 30, 2009, of which
    $24,000,000 shall be to carry out activities pursuant to such section
    561: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary may
    assess and collect fees to cover the costs of the Fair Housing Training
    Academy, and may use such funds to provide such training:
    Provided <<NOTE: Lobbying.>> further, That no funds made available under
    this heading shall be used to lobby the executive or legislative
    branches of the Federal Government in connection with a specific
    contract, grant or loan: Provided further, That of the funds made
    available under this heading, $380,000 shall be available to the
    Secretary of Housing and Urban Development for the creation and
    promotion of translated materials and other programs that support the
    assistance of persons with limited English proficiency in utilizing the
    services provided by the Department of Housing and Urban Development.

                          Office of Lead Hazard Control

                              Lead Hazard Reduction

        For the Lead Hazard Reduction Program, as authorized by section 1011
    of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
    $145,000,000, to remain available until September 30, 2009, of which
    $8,800,000 shall be for the Healthy Homes Initiative, pursuant to
    sections 501 and 502 of the Housing and Urban Development Act of 1970
    that shall include research, studies, testing, and demonstration
    efforts, including education and outreach concerning lead-based paint
    poisoning and other housing-related diseases and hazards: Provided, That
    for purposes of environmental review, pursuant to the National
    Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
    provisions of law that further the purposes of such Act, a grant under
    the Healthy Homes Initiative, Operation Lead Elimination Action Plan
    (LEAP), or the Lead Technical Studies program under this heading or
    under prior appropriations Acts for such purposes under this heading,
    shall be considered to be funds for a special project for purposes of
    section 305(c) of the Multifamily Housing Property Disposition Reform
    Act of 1994: Provided further, That of the total amount made available
    under this heading, $48,000,000 shall be made available on a competitive
    basis for areas with the highest lead paint abatement needs: Provided
    further, That each recipient of funds provided under the second proviso
    shall make a matching contribution in an amount not less than 25
    percent: Provided further, That <<NOTE: Waiver authority.>> the
    Secretary may waive the matching requirement cited in the preceding
    proviso on a case by case basis if the Secretary determines that such a
    waiver is necessary to advance the purposes of this program:

    [[Page 121 STAT. 2429]]

    Provided further, <<NOTE: Plan.>> That each applicant shall submit a
    detailed plan and strategy that demonstrates adequate capacity that is
    acceptable to the Secretary to carry out the proposed use of funds
    pursuant to a notice of funding availability: Provided further, That of
    the total amount made available under this heading, $2,000,000 shall be
    available for the Big Buy Program to be managed by the Office of Healthy
    Homes and Lead Hazard Control.

                          Management and Administration

                              Working Capital Fund

        For additional capital for the Working Capital Fund (42 U.S.C. 3535)
    for the development of, modifications to, and infrastructure for
    Department-wide information technology systems, for the continuing
    operation and maintenance of both Department-wide and program-specific
    information systems, and for program-related development activities,
    $155,000,000, to remain available until September 30, 2009: Provided,
    That any amounts transferred to this Fund under this Act shall remain
    available until expended: Provided further, That any amounts transferred
    to this Fund from amounts appropriated by previously enacted
    appropriations Acts or from within this Act may be used only for the
    purposes specified under this Fund, in addition to the purposes for
    which such amounts were appropriated.

                           Office of Inspector General

        For necessary salaries and expenses of the Office of Inspector
    General in carrying out the Inspector General Act of 1978, as amended,
    $112,000,000: Provided, That the Inspector General shall have
    independent authority over all personnel issues within this office.

                 Office of Federal Housing Enterprise Oversight

                              Salaries and Expenses

        For carrying out the Federal Housing Enterprises Financial Safety
    and Soundness Act of 1992, including not to exceed $500 for official
    reception and representation expenses, $66,000,000, to remain available
    until expended, to be derived from the Federal Housing Enterprises
    Oversight Fund: Provided, That <<NOTE: Spending plan. Deadline.>> the
    Director shall submit a spending plan for the amounts provided under
    this heading no later than January 15, 2008: Provided further, That not
    less than 80 percent of the total amount made available under this
    heading shall be used only for examination, supervision, and capital
    oversight of the enterprises (as such term is defined in section 1303 of
    the Federal Housing Enterprises Financial Safety and Soundness Act of
    1992 (12 U.S.C. 4502)) to ensure that the enterprises are operating in a
    financially safe and sound manner and complying with the capital
    requirements under Subtitle B of such Act: Provided further, That not to
    exceed the amount provided herein shall be available from the general
    fund of the Treasury to the extent necessary to incur obligations and
    make expenditures pending the receipt of collections to the Fund:
    Provided further, That the general fund amount shall be reduced as
    collections are received during the fiscal year so as to result in a
    final

    [[Page 121 STAT. 2430]]

    appropriation from the general fund estimated at not more than $0.

         General Provisions--Department of Housing and Urban Development

                         (including rescission of funds)

        Sec. 201. Fifty percent of the amounts of budget authority, or in
    lieu thereof 50 percent of the cash amounts associated with such budget
    authority, that are recaptured from projects described in section
    1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
    1988 (42 U.S.C. 1437 note) shall be rescinded or in the case of cash,
    shall be remitted to the Treasury, and such amounts of budget authority
    or cash recaptured and not rescinded or remitted to the Treasury shall
    be used by State housing finance agencies or local governments or local
    housing agencies with projects approved by the Secretary of Housing and
    Urban Development for which settlement occurred after January 1, 1992,
    in accordance with such section. Notwithstanding the previous sentence,
    the Secretary may award up to 15 percent of the budget authority or cash
    recaptured and not rescinded or remitted to the Treasury to provide
    project owners with incentives to refinance their project at a lower
    interest rate.
        Sec. 202. None of the amounts made available under this Act may be
    used during fiscal year 2008 to investigate or prosecute under the Fair
    Housing Act any otherwise lawful activity engaged in by one or more
    persons, including the filing or maintaining of a non-frivolous legal
    action, that is engaged in solely for the purpose of achieving or
    preventing action by a Government official or entity, or a court of
    competent jurisdiction.
        Sec. 203. <<NOTE: Grants.>> (a) Notwithstanding section 854(c)(1)(A)
    of the AIDS Housing Opportunity Act (42 U.S.C. 12903(c)(1)(A)), from any
    amounts made available under this title for fiscal year 2008 that are
    allocated under such section, the Secretary of Housing and Urban
    Development shall allocate and make a grant, in the amount determined
    under subsection (b), for any State that--
                (1) received an allocation in a prior fiscal year under
            clause (ii) of such section; and
                (2) is not otherwise eligible for an allocation for fiscal
            year 2008 under such clause (ii) because the areas in the State
            outside of the metropolitan statistical areas that qualify under
            clause (i) in fiscal year 2008 do not have the number of cases
            of acquired immunodeficiency syndrome (AIDS) required under such
            clause.

        (b) The amount of the allocation and grant for any State described
    in subsection (a) shall be an amount based on the cumulative number of
    AIDS cases in the areas of that State that are outside of metropolitan
    statistical areas that qualify under clause (i) of such section
    854(c)(1)(A) in fiscal year 2008, in proportion to AIDS cases among
    cities and States that qualify under clauses (i) and (ii) of such
    section and States deemed eligible under subsection (a).
        (c) Notwithstanding any other provision of law, the amount allocated
    for fiscal year 2008 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)), to the City of New York, New York,
    on behalf of the New York-Wayne-White Plains,

    [[Page 121 STAT. 2431]]

    New York-New Jersey Metropolitan Division (hereafter ``metropolitan
    division'') of the New York-Newark-Edison, NY-NJ-PA Metropolitan
    Statistical Area, shall be adjusted by the Secretary of Housing and
    Urban Development by: (1) allocating to the City of Jersey City, New
    Jersey, the proportion of the metropolitan area's or division's amount
    that is based on the number of cases of AIDS reported in the portion of
    the metropolitan area or division that is located in Hudson County, New
    Jersey, and adjusting for the proportion of the metropolitan division's
    high incidence bonus if this area in New Jersey also has a higher than
    average per capita incidence of AIDS; and (2) allocating to the City of
    Paterson, New Jersey, the proportion of the metropolitan area's or
    division's amount that is based on the number of cases of AIDS reported
    in the portion of the metropolitan area or division that is located in
    Bergen County and Passaic County, New Jersey, and adjusting for the
    proportion of the metropolitan division's high incidence bonus if this
    area in New Jersey also has a higher than average per capita incidence
    of AIDS. The recipient cities shall use amounts allocated under this
    subsection to carry out eligible activities under section 855 of the
    AIDS Housing Opportunity Act (42 U.S.C. 12904) in their respective
    portions of the metropolitan division that is located in New Jersey.
        (d) Notwithstanding any other provision of law, the amount allocated
    for fiscal year 2008 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)) to areas with a higher than average
    per capita incidence of AIDS, shall be adjusted by the Secretary on the
    basis of area incidence reported over a three year period.
        Sec. 204. Except as explicitly provided in law, any grant,
    cooperative agreement or other assistance made pursuant to title II of
    this Act shall be made on a competitive basis and in accordance with
    section 102 of the Department of Housing and Urban Development Reform
    Act of 1989 (42 U.S.C. 3545).
        Sec. 205. Funds of the Department of Housing and Urban Development
    subject to the Government Corporation Control Act or section 402 of the
    Housing Act of 1950 shall be available, without regard to the
    limitations on administrative expenses, for legal services on a contract
    or fee basis, and for utilizing and making payment for services and
    facilities of the Federal National Mortgage Association, Government
    National Mortgage Association, Federal Home Loan Mortgage Corporation,
    Federal Financing Bank, Federal Reserve banks or any member thereof,
    Federal Home Loan banks, and any insured bank within the meaning of the
    Federal Deposit Insurance Corporation Act, as amended (12 U.S.C. 1811-
    1831).
        Sec. 206. Unless otherwise provided for in this Act or through a
    reprogramming of funds, no part of any appropriation for the Department
    of Housing and Urban Development shall be available for any program,
    project or activity in excess of amounts set forth in the budget
    estimates submitted to Congress.
        Sec. 207. Corporations and agencies of the Department of Housing and
    Urban Development which are subject to the Government Corporation
    Control Act, are hereby authorized to make such expenditures, within the
    limits of funds and borrowing authority available to each such
    corporation or agency and in accordance with law, and to make such
    contracts and commitments without regard to fiscal year limitations as
    provided by section 104 of such Act as may be necessary in carrying out
    the programs set

    [[Page 121 STAT. 2432]]

    forth in the budget for 2008 for such corporation or agency except as
    hereinafter provided: Provided, That collections of these corporations
    and agencies may be used for new loan or mortgage purchase commitments
    only to the extent expressly provided for in this Act (unless such loans
    are in support of other forms of assistance provided for in this or
    prior appropriations Acts), except that this proviso shall not apply to
    the mortgage insurance or guaranty operations of these corporations, or
    where loans or mortgage purchases are necessary to protect the financial
    interest of the United States Government.
        Sec. 208. <<NOTE: Budget estimate.>> None of the funds provided in
    this title for technical assistance, training, or management
    improvements may be obligated or expended unless the Secretary of
    Housing and Urban Development provides to the Committees on
    Appropriations a description of each proposed activity and a detailed
    budget estimate of the costs associated with each program, project or
    activity as part of the Budget Justifications. <<NOTE: Deadline.>> For
    fiscal year 2008, the Secretary shall transmit this information to the
    Committees by March 15, 2008 for 30 days of review.

        Sec. 209. <<NOTE: Reports. Deadline.>> The Secretary of Housing and
    Urban Development shall provide quarterly reports to the House and
    Senate Committees on Appropriations regarding all uncommitted,
    unobligated, recaptured and excess funds in each program and activity
    within the jurisdiction of the Department and shall submit additional,
    updated budget information to these Committees upon request.

        Sec. 210. (a) Notwithstanding any other provision of law, the amount
    allocated for fiscal year 2008 under section 854(c) of the AIDS Housing
    Opportunity Act (42 U.S.C. 12903(c)), to the City of Wilmington,
    Delaware, on behalf of the Wilmington, Delaware-Maryland-New Jersey
    Metropolitan Division (hereafter ``metropolitan division''), shall be
    adjusted by the Secretary of Housing and Urban Development by allocating
    to the State of New Jersey the proportion of the metropolitan division's
    amount that is based on the number of cases of AIDS reported in the
    portion of the metropolitan division that is located in New Jersey, and
    adjusting for the proportion of the metropolitan division's high
    incidence bonus if this area in New Jersey also has a higher than
    average per capita incidence of AIDS. The State of New Jersey shall use
    amounts allocated to the State under this subsection to carry out
    eligible activities under section 855 of the AIDS Housing Opportunity
    Act (42 U.S.C. 12904) in the portion of the metropolitan division that
    is located in New Jersey.
        (b) Notwithstanding any other provision of law, the Secretary of
    Housing and Urban Development shall allocate to Wake County, North
    Carolina, the amounts that otherwise would be allocated for fiscal year
    2008 under section 854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
    12903(c)) to the City of Raleigh, North Carolina, on behalf of the
    Raleigh-Cary, North Carolina Metropolitan Statistical Area. Any amounts
    allocated to Wake County shall be used to carry out eligible activities
    under section 855 of such Act (42 U.S.C. 12904) within such metropolitan
    statistical area.
        (c) Notwithstanding section 854(c) of the AIDS Housing Opportunity
    Act (42 U.S.C. 12903(c)), the Secretary of Housing and Urban Development
    may adjust the allocation of the amounts that otherwise would be
    allocated for fiscal year 2008 under section 854(c) of such Act, upon
    the written request of an applicant, in conjunction

    [[Page 121 STAT. 2433]]

    with the State(s), for a formula allocation on behalf of a metropolitan
    statistical area, to designate the State or States in which the
    metropolitan statistical area is located as the eligible grantee(s) of
    the allocation. In the case that a metropolitan statistical area
    involves more than one State, such amounts allocated to each State shall
    be in proportion to the number of cases of AIDS reported in the portion
    of the metropolitan statistical area located in that State. Any amounts
    allocated to a State under this section shall be used to carry out
    eligible activities within the portion of the metropolitan statistical
    area located in that State.
        Sec. 211. <<NOTE: Reports. Deadline. 42 USC 1437 note.>> The
    Secretary of Housing and Urban Development shall submit an annual report
    no later than August 30, 2008 and annually thereafter to the House and
    Senate Committees on Appropriations regarding the number of Federally
    assisted units under lease and the per unit cost of these units to the
    Department of Housing and Urban Development.

        Sec. 212. The President's formal budget request for fiscal year
    2009, as well as the Department of Housing and Urban Development's
    congressional budget justifications to be submitted to the Committees on
    Appropriations of the House of Representatives and the Senate, shall use
    the identical account and sub-account structure provided under this Act.
        Sec. 213. Amounts made available in this Act or previous
    appropriations Acts for tenant-based rental assistance and used for non-
    elderly disabled families or for the Family Unification Program shall,
    to the extent practicable, remain available for each such respective
    purpose upon turn-over.
        Sec. 214. <<NOTE: State listing.>> A public housing agency or such
    other entity that administers Federal housing assistance for the Housing
    Authority of the county of Los Angeles, California, the States of
    Alaska, Iowa, and Mississippi shall not be required to include a
    resident of public housing or a recipient of assistance provided under
    section 8 of the United States Housing Act of 1937 on the board of
    directors or a similar governing board of such agency or entity as
    required under section (2)(b) of such Act. Each public housing agency or
    other entity that administers Federal housing assistance under section 8
    for the Housing Authority of the county of Los Angeles, California and
    the States of Alaska, Iowa and Mississippi shall establish an advisory
    board of not less than 6 residents of public housing or recipients of
    section 8 assistance to provide advice and comment to the public housing
    agency or other administering entity on issues related to public housing
    and section 8. Such advisory board shall meet not less than quarterly.

        Sec. 215. (a) Notwithstanding any other provision of law, subject to
    the conditions listed in subsection (b), for fiscal years 2008 and 2009,
    the Secretary of Housing and Urban Development may authorize the
    transfer of some or all project-based assistance, debt and statutorily
    required low-income and very low-income use restrictions, associated
    with one or more multifamily housing project to another multifamily
    housing project or projects.
        (b) The transfer authorized in subsection (a) is subject to the
    following conditions:
                (1) The number of low-income and very low-income units and
            the net dollar amount of Federal assistance provided by the
            transferring project shall remain the same in the receiving
            project or projects.

    [[Page 121 STAT. 2434]]

                (2) The transferring project shall, as determined by the
            Secretary, be either physically obsolete or economically non-
            viable.
                (3) The receiving project or projects shall meet or exceed
            applicable physical standards established by the Secretary.
                (4) The owner or mortgagor of the transferring project shall
            notify and consult with the tenants residing in the transferring
            project and provide a certification of approval by all
            appropriate local governmental officials.
                (5) The tenants of the transferring project who remain
            eligible for assistance to be provided by the receiving project
            or projects shall not be required to vacate their units in the
            transferring project or projects until new units in the
            receiving project are available for occupancy.
                (6) The Secretary determines that this transfer is in the
            best interest of the tenants.
                (7) If either the transferring project or the receiving
            project or projects meets the condition specified in subsection
            (c)(2)(A), any lien on the receiving project resulting from
            additional financing obtained by the owner shall be subordinate
            to any FHA-insured mortgage lien transferred to, or placed on,
            such project by the Secretary.
                (8) If the transferring project meets the requirements of
            subsection (c)(2)(E), the owner or mortgagor of the receiving
            project or projects shall execute and record either a
            continuation of the existing use agreement or a new use
            agreement for the project where, in either case, any use
            restrictions in such agreement are of no lesser duration than
            the existing use restrictions.
                (9) Any financial risk to the FHA General and Special Risk
            Insurance Fund, as determined by the Secretary, would be reduced
            as a result of a transfer completed under this section.
                (10) The Secretary determines that Federal liability with
            regard to this project will not be increased.

        (c) For purposes of this section--
                (1) the terms ``low-income'' and ``very low-income'' shall
            have the meanings provided by the statute and/or regulations
            governing the program under which the project is insured or
            assisted;
                (2) the term ``multifamily housing project'' means housing
            that meets one of the following conditions--
                        (A) housing that is subject to a mortgage insured
                    under the National Housing Act;
                        (B) housing that has project-based assistance
                    attached to the structure including projects undergoing
                    mark to market debt restructuring under the Multifamily
                    Assisted Housing Reform and Affordability Housing Act;
                        (C) housing that is assisted under section 202 of
                    the Housing Act of 1959 as amended by section 801 of the
                    Cranston-Gonzales National Affordable Housing Act;
                        (D) housing that is assisted under section 202 of
                    the Housing Act of 1959, as such section existed before
                    the enactment of the Cranston-Gonzales National
                    Affordable Housing Act; or
                        (E) housing or vacant land that is subject to a use
                    agreement;

    [[Page 121 STAT. 2435]]

                (3) the term ``project-based assistance'' means--
                        (A) assistance provided under section 8(b) of the
                    United States Housing Act of 1937;
                        (B) assistance for housing constructed or
                    substantially rehabilitated pursuant to assistance
                    provided under section 8(b)(2) of such Act (as such
                    section existed immediately before October 1, 1983);
                        (C) rent supplement payments under section 101 of
                    the Housing and Urban Development Act of 1965;
                        (D) interest reduction payments under section 236
                    and/or additional assistance payments under section
                    236(f)(2) of the National Housing Act; and
                        (E) assistance payments made under section 202(c)(2)
                    of the Housing Act of 1959;
                (4) the term ``receiving project or projects'' means the
            multifamily housing project or projects to which some or all of
            the project-based assistance, debt, and statutorily required use
            low-income and very low-income restrictions are to be
            transferred;
                (5) the term ``transferring project'' means the multifamily
            housing project which is transferring some or all of the
            project-based assistance, debt and the statutorily required low-
            income and very low-income use restrictions to the receiving
            project or projects; and
                (6) the term ``Secretary'' means the Secretary of Housing
            and Urban Development.

        Sec. 216. The funds made available for Native Alaskans under the
    heading ``Native American Housing Block Grants'' in title III of this
    Act shall be allocated to the same Native Alaskan housing block grant
    recipients that received funds in fiscal year 2005.
        Sec. 217. No funds provided under this title may be used for an
    audit of the Government National Mortgage Association that makes
    applicable requirements under the Federal Credit Reform Act of 1990 (2
    U.S.C. 661 et seq.).
        Sec. 218. (a) No assistance shall be provided under section 8 of the
    United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
    who--
                (1) is enrolled as a student at an institution of higher
            education (as defined under section 102 of the Higher Education
            Act of 1965 (20 U.S.C. 1002));
                (2) is under 24 years of age;
                (3) is not a veteran;
                (4) is unmarried;
                (5) does not have a dependent child;
                (6) is not a person with disabilities, as such term is
            defined in section 3(b)(3)(E) of the United States Housing Act
            of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
            assistance under such section 8 as of November 30, 2005; and
                (7) is not otherwise individually eligible, or has parents
            who, individually or jointly, are not eligible, to receive
            assistance under section 8 of the United States Housing Act of
            1937 (42 U.S.C. 1437f).

        (b) For purposes of determining the eligibility of a person to
    receive assistance under section 8 of the United States Housing Act of
    1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
    received for tuition) that an individual receives under the Higher
    Education Act of 1965 (20 U.S.C. 1001 et seq.), from

    [[Page 121 STAT. 2436]]

    private sources, or an institution of higher education (as defined under
    the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered
    income to that individual, except for a person over the age of 23 with
    dependent children.
        (c) <<NOTE: Deadline. Regulations.>> Not later than 30 days after
    the date of enactment of this Act, the Secretary of Housing and Urban
    Development shall issue final regulations to carry out the provisions of
    this section.

        Sec. 219. Notwithstanding the limitation in the first sentence of
    section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
    Secretary of Housing and Urban Development may, until September 30,
    2008, insure and enter into commitments to insure mortgages under
    section 255 of the National Housing Act (12 U.S.C. 1715z-20).
        Sec. 220. Notwithstanding any other provision of law, in fiscal year
    2008, in managing and disposing of any multifamily property that is
    owned or has a mortgage held by the Secretary of Housing and Urban
    Development, the Secretary shall maintain any rental assistance payments
    under section 8 of the United States Housing Act of 1937 and other
    programs that are attached to any dwelling units in the property. To the
    extent the Secretary determines, in consultation with the tenants and
    the local government, that such a multifamily property owned or held by
    the Secretary is not feasible for continued rental assistance payments
    under such section 8 or other programs, based on consideration of (1)
    the costs of rehabilitating and operating the property and all available
    Federal, State, and local resources, including rent adjustments under
    section 524 of the Multifamily Assisted Housing Reform and Affordability
    Act of 1997 (``MAHRAA'') and (2) environmental conditions that cannot be
    remedied in a cost-effective fashion, the Secretary may, in consultation
    with the tenants of that property, contract for project-based rental
    assistance payments with an owner or owners of other existing housing
    properties, or provide other rental assistance. The Secretary shall also
    take appropriate steps to ensure that project-based contracts remain in
    effect prior to foreclosure, subject to the exercise of contractual
    abatement remedies to assist relocation of tenants for imminent major
    threats to health and safety. After disposition of any multifamily
    property described under this section, the contract and allowable rent
    levels on such properties shall be subject to the requirements under
    section 524 of MAHRAA.
        Sec. 221. The National Housing Act is amended--
                (1) in sections 207(c)(3), 213(b)(2)(B)(i),
            221(d)(3)(ii)(II), 221(d)(4)(ii)(II), 231(c)(2)(B), and
            234(e)(3)(B) (12 U.S.C. 1713(c)(3), 1715e(b)(2)(B)(i),
            1715l(d)(3)(ii)(II), 1715l(d)(4)(ii)(II), 1715v(c)(2)(B), and
            1715y(e)(3)(B))--
                        (A) by striking ``140 percent'' each place such term
                    appears and inserting ``170 percent''; and
                        (B) by striking ``170 percent in high cost areas''
                    each place such term appears and inserting ``215 percent
                    in high cost areas''; and
                (2) in section 220(d)(3)(B)(iii)(III) (12 U.S.C.
            1715k(d)(3)(B)(iii)(III)) by striking ``206A'' and all that
            follows through ``project-by-project basis'' and inserting the
            following: ``206A of this Act) by not to exceed 170 percent in
            any geographical area where the Secretary finds that cost levels
            so require and by not to exceed 170 percent, or 215 percent in

    [[Page 121 STAT. 2437]]

            high cost areas, where the Secretary determines it necessary on
            a project-by-project basis''.

        Sec. 222. During fiscal year 2008, in the provision of rental
    assistance under section 8(o) of the United States Housing Act of 1937
    (42 U.S.C. 1437f(o)) in connection with a program to demonstrate the
    economy and effectiveness of providing such assistance for use in
    assisted living facilities that is carried out in the counties of the
    State of Michigan notwithstanding paragraphs (3) and (18)(B)(iii) of
    such section 8(o), a family residing in an assisted living facility in
    any such county, on behalf of which a public housing agency provides
    assistance pursuant to section 8(o)(18) of such Act, may be required, at
    the time the family initially receives such assistance, to pay rent in
    an amount exceeding 40 percent of the monthly adjusted income of the
    family by such a percentage or amount as the Secretary of Housing and
    Urban Development determines to be appropriate.
        Sec. 223. Notwithstanding any other provision of law, the recipient
    of a grant under section 202b of the Housing Act of 1959 (12 U.S.C.
    1701q-2) after December 26, 2000, in accordance with the unnumbered
    paragraph at the end of section 202(b) of such Act, may, at its option,
    establish a single-asset nonprofit entity to own the project and may
    lend the grant funds to such entity, which may be a private nonprofit
    organization described in section 831 of the American Homeownership and
    Economic Opportunity Act of 2000.
        Sec. 224. Section 24 of the United States Housing Act of 1937 (42
    U.S.C. 1437v) is amended--
                (1) in subsection (m)(1), by striking ``2003'' and inserting
            ``2008''; and
                (2) in subsection (o), by striking ``September 30, 2007''
            and inserting ``September 30, 2008''.

        Sec. 225. Public housing agencies that own and operate 400 or fewer
    public housing units may elect to be exempt from any asset management
    requirement imposed by the Secretary of Housing and Urban Development in
    connection with the operating fund rule: Provided, That an agency
    seeking a discontinuance of a reduction of subsidy under the operating
    fund formula shall not be exempt from asset management requirements.
        Sec. 226. <<NOTE: 42 USC 1437g note.>> With respect to the use of
    amounts provided in this Act and in future Acts for the operation,
    capital improvement and management of public housing as authorized by
    sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
    U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
    or guideline relating to asset management that restricts or limits in
    any way the use of capital funds for central office costs pursuant to
    section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
    U.S.C. 1437g(g)(1), (2)): Provided, however, that a public housing
    agency may not use capital funds authorized under section 9(d) for
    activities that are eligible under section 9(e) for assistance with
    amounts from the operating fund in excess of the amounts permitted under
    section 9(g)(1) or 9(g)(2).

        Sec. 227. <<NOTE: Reports. Deadline.>> The Secretary of Housing and
    Urban Development shall report quarterly to the House of Representatives
    and Senate Committees on Appropriations on the status of all section 8
    project-based housing, including the number of all project-based units
    by region as well as an analysis of all federally subsidized housing
    being refinanced under the Mark-to-Market program. The Secretary

    [[Page 121 STAT. 2438]]

    shall in the report identify all existing units maintained by region as
    section 8 project-based units and all project-based units that have
    opted out of section 8 or have otherwise been eliminated as section 8
    project-based units. The Secretary shall identify in detail and by
    project all the efforts made by the Department to preserve all section 8
    project-based housing units and all the reasons for any units which
    opted out or otherwise were lost as section 8 project-based units. Such
    analysis shall include a review of the impact of the loss of any
    subsidized units in that housing marketplace, such as the impact of cost
    and the loss of available subsidized, low-income housing in areas with
    scarce housing resources for low-income families.

        Sec. 228. <<NOTE: Reports. Deadline.>> The Secretary of Housing and
    Urban Development shall report quarterly to the House of Representatives
    and Senate Committees on Appropriations on HUD's use of all sole source
    contracts, including terms of the contracts, cost, and a substantive
    rationale for using a sole source contract.

        Sec. 229. Section 9(e)(2)(C) of the United States Housing Act of
    1937 (42 U.S.C. 1437g(e)(2)(C)) is amended by adding at the end the
    following:
                              ``(iv) Existing contracts.--The term of a
                          contract described in clause (i) that, as of the
                          date of enactment of this clause, is in repayment
                          and has a term of not more than 12 years, may be
                          extended to a term of not more than 20 years to
                          permit additional energy conservation improvements
                          without requiring the reprocurement of energy
                          performance contractors.''.

        Sec. 230. The Secretary of Housing and Urban Development shall
    increase, pursuant to this section, the number of Moving-to-Work
    agencies authorized under section 204, title II, of the Departments of
    Veterans Affairs and Housing and Urban Development and Independent
    Agencies Appropriations Act, 1996 (Public Law 104-134; 110 Stat. 1321-
    281) by making individually the Alaska Housing Finance Corporation and
    the housing authorities of the counties of San Bernardino and Santa
    Clara and the city of San Jose, California, a Moving-to-Work Agency
    under such section 204.
        Sec. 231. Notwithstanding any other provision of law, the Secretary
    of Housing and Urban Development may not rescind or take any adverse
    action with respect to the Moving-to-Work program designation for the
    Housing Authority of Baltimore City based on any alleged administrative
    or procedural errors in making such designation.
        Sec. 232. Paragraph (4) of section 102(a) of the Housing and
    Community Development Act of 1974 (42 U.S.C. 5302) is amended by adding
    at the end the following new sentence: ``Notwithstanding any other
    provision of this paragraph, with respect to any fiscal year beginning
    after September 30, 2007, the cities of Alton and Granite City,
    Illinois, shall be considered metropolitan cities for purposes of this
    title.''.
        Sec. 233. (a) The amounts provided under the subheading ``Program
    Account'' under the heading ``Community Development Loan Guarantees''
    may be used to guarantee, or make commitments to guarantee, notes, or
    other obligations issued by any State on behalf of non-entitlement
    communities in the State in accordance with the requirements of section
    108 of the Housing and Community Development Act of 1974: Provided,
    That, any State receiving such

    [[Page 121 STAT. 2439]]

    a guarantee or commitment shall distribute all funds subject to such
    guarantee to the units of general local government in non-entitlement
    areas that received the commitment.
        (b) <<NOTE: Deadline. Regulations.>> Not later than 60 days after
    the date of enactment of this Act, the Secretary of Housing and Urban
    Development shall promulgate regulations governing the administration of
    the funds described under subsection (a).

        Sec. 234. <<NOTE: Deadline. Website. 5 USC app. 6 note.>> Not later
    than 30 days after the date of enactment of this Act, the Secretary of
    Housing and Urban Development shall establish and maintain on the
    homepage of the Internet website of the Department of Housing and Urban
    Development--
                (1) a direct link to the Internet website of the Office of
            Inspector General of the Department of Housing and Urban
            Development; and
                (2) a mechanism by which individuals may anonymously report
            cases of waste, fraud, or abuse with respect to the Department
            of Housing and Urban Development.

        Sec. 235. (a) Required Submissions for Fiscal Years 2007 and 2008.--
                (1) In general.--Not <<NOTE: Deadline.>> later than 60 days
            after the date of enactment of this Act, the Secretary of
            Housing and Urban Development shall submit to the relevant
            authorizing committees and to the Committees on Appropriations
            of the Senate and the House of Representatives for fiscal years
            2007 and 2008--
                        (A) a complete and accurate accounting of the actual
                    project-based renewal costs for project-based assistance
                    under section 8 of the United States Housing Act of 1937
                    (42 U.S.C. 1437f);
                        (B) revised estimates of the funding needed to fully
                    fund all 12 months of all project-based contracts under
                    such section 8, including project-based contracts that
                    expire in fiscal year 2007 and fiscal year 2008; and
                        (C) all sources of funding that will be used to
                    fully fund all 12 months of the project-based contracts
                    for fiscal years 2007 and 2008.
                (2) Updated information.--At any time after the expiration
            of the 60-day period described in paragraph (1), the Secretary
            may submit corrections or updates to the information required
            under paragraph (1), if upon completion of an audit of the
            project-based assistance program under section 8 of the United
            States Housing Act of 1937 (42 U.S.C. 1437f), such audit reveals
            additional information that may provide Congress a more complete
            understanding of the Secretary's implementation of the project-
            based assistance program under such section 8.

        (b) Required Submissions for Fiscal Year 2009.--As part of the
    Department of Housing and Urban Development's budget request for fiscal
    year 2009, the Secretary of Housing and Urban Development shall submit
    to the relevant authorizing committees and to the Committees on
    Appropriations of the Senate and the House of Representatives complete
    and detailed information, including a project-by-project analysis, that
    verifies that such budget request will fully fund all project-based
    contracts under section 8 of the United States Housing Act of 1937 (42
    U.S.C. 1437f) in fiscal year 2009, including expiring project-based
    contracts.

    [[Page 121 STAT. 2440]]

        Sec. 236. No official or employee of the Department of Housing and
    Urban Development shall be designated as an allotment holder unless the
    Office of the Chief Financial Officer has determined that such allotment
    holder has implemented an adequate system of funds control and has
    received training in funds control procedures and
    directives. <<NOTE: Deadline.>> The Chief Financial Officer shall ensure
    that, not later than 90 days after the date of enactment of this Act, a
    trained allotment holder shall be designated for each HUD sub-account
    under the headings ``Executive Direction'' and ``Administration,
    Operations, and Management'' as well as each account receiving
    appropriations for ``personnel compensation and benefits'' within the
    Department of Housing and Urban Development.

        Sec. 237. Payment of attorney fees in program-related litigation
    must be paid from individual program office personnel benefits and
    compensation funding. The annual budget submission for program office
    personnel benefit and compensation funding must include program-related
    litigation costs for attorney fees as a separate line item request.
        Sec. 238. Of the unobligated balances remaining from funds
    appropriated to the Department of Housing and Urban Development under
    the heading ``Tenant-Based Rental Assistance'' under section 21033 of
    Public Law 110-5, $723,257,000 are rescinded from the $4,193,000,000
    which became available pursuant to such section on October 1, 2007.
        This title may be cited as the ``Department of Housing and Urban
    Development Appropriations Act, 2008''.

                                    TITLE III

                                RELATED AGENCIES

           Architectural and Transportation Barriers Compliance Board

                              Salaries and Expenses

        For expenses necessary for the Architectural and Transportation
    Barriers Compliance Board, as authorized by section 502 of the
    Rehabilitation Act of 1973, as amended, $6,150,000: Provided, That,
    notwithstanding any other provision of law, there may be credited to
    this appropriation funds received for publications and training
    expenses.

                           Federal Maritime Commission

                              Salaries and Expenses

        For necessary expenses of the Federal Maritime Commission as
    authorized by section 201(d) of the Merchant Marine Act, 1936 (46 U.S.C.
    App. 1111), including services as authorized by 5 U.S.C. 3109; hire of
    passenger motor vehicles as authorized by 31 U.S.C. 1343(b); and
    uniforms or allowances therefore, as authorized by 5 U.S.C. 5901-5902,
    $22,072,000: Provided, That not to exceed $2,000 shall be available for
    official reception and representation expenses.

    [[Page 121 STAT. 2441]]

                      National Transportation Safety Board

                              Salaries and Expenses

        For necessary expenses of the National Transportation Safety Board,
    including hire of passenger motor vehicles and aircraft; services as
    authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
    the per diem rate equivalent to the rate for a GS-15; uniforms, or
    allowances therefor, as authorized by law (5 U.S.C. 5901-5902)
    $84,499,000, of which $74,063 is available for payments to remedy the
    violation of the Anti-deficiency Act reported by the National
    Transportation Safety Board on September 26, 2007, and not to exceed
    $2,000 may be used for official reception and representation expenses.
    The amounts made available to the National Transportation Safety Board
    in this Act include amounts necessary to make lease payments due in
    fiscal year 2008 only, on an obligation incurred in fiscal year 2001 for
    a capital lease.

                      Neighborhood Reinvestment Corporation

              Payment to the Neighborhood Reinvestment Corporation

        For payment to the Neighborhood Reinvestment Corporation for use in
    neighborhood reinvestment activities, as authorized by the Neighborhood
    Reinvestment Corporation Act (42 U.S.C. 8101-8107), $119,800,000, of
    which $5,000,000 shall be for a multi-family rental housing program.
        For an additional amount, $180,000,000 shall be made available until
    expended to the Neighborhood Reinvestment Corporation for mortgage
    foreclosure mitigation activities, under the following terms and
    conditions:
                (1) The Neighborhood Reinvestment Corporation (``NRC''),
            shall make grants to counseling intermediaries approved by the
            Department of Housing and Urban Development (HUD) or the NRC
            (with match to be determined by the NRC based on affordability
            and the economic conditions of an area; a match also may be
            waived by the NRC based on the aforementioned conditions) to
            provide mortgage foreclosure mitigation assistance primarily to
            States and areas with high rates of defaults and foreclosures
            primarily in the sub prime housing market to help eliminate the
            default and foreclosure of mortgages of owner-occupied single-
            family homes that are at risk of such foreclosure. Other than
            areas with high rates of defaults and foreclosures, grants may
            also be provided to approved counseling intermediaries based on
            a geographic analysis of the Nation by the NRC which determines
            where there is a prevalence of sub prime mortgages that are
            risky and likely to fail, including any trends for mortgages
            that are likely to default and face foreclosure. A State Housing
            Finance Agency may also be eligible where the State Housing
            Finance Agency meets all the requirements under this paragraph.
            A HUD- or NRC-approved counseling intermediary shall meet
            certain mortgage foreclosure mitigation assistance counseling
            requirements, as determined by the NRC, and shall be approved by
            HUD or the NRC as meeting these requirements.
                (2) Mortgage foreclosure mitigation assistance shall only be
            made available to homeowners of owner-occupied homes

    [[Page 121 STAT. 2442]]

            with mortgages in default or in danger of default. These
            mortgages shall likely be subject to a foreclosure action and
            homeowners will be provided such assistance that shall consist
            of activities that are likely to prevent foreclosures and result
            in the long-term affordability of the mortgage retained pursuant
            to such activity or another positive outcome for the homeowner.
            No funds made available under this paragraph may be provided
            directly to lenders or homeowners to discharge outstanding
            mortgage balances or for any other direct debt reduction
            payments.
                (3) The use of Mortgage Foreclosure Mitigation Assistance by
            approved counseling intermediaries and State Housing Finance
            Agencies shall involve a reasonable analysis of the borrower's
            financial situation, an evaluation of the current value of the
            property that is subject to the mortgage, counseling regarding
            the assumption of the mortgage by another non-Federal party,
            counseling regarding the possible purchase of the mortgage by a
            non-Federal third party, counseling and advice of all likely
            restructuring and refinancing strategies or the approval of a
            work-out strategy by all interested parties.
                (4) <<NOTE: Grants. Deadline.>> NRC shall award $50,000,000
            in mortgage foreclosure mitigation grants for States and areas
            with the greatest needs within 60 days of enactment. Additional
            funds may be awarded once the NRC certifies that HUD- or NRC-
            approved counseling intermediaries and State Housing Finance
            Agencies have the need for additional funds in States and areas
            with high rates of mortgage foreclosures, defaults, or related
            activities and the expertise to use these funds effectively. The
            NRC may provide up to 15 percent of the total funds under this
            paragraph to its own charter members with expertise in
            foreclosure prevention counseling, subject to a certification by
            the NRC that the procedures for selection do not consist of any
            procedures or activities that could be construed as an
            unacceptable conflict of interest or have the appearance of
            impropriety.
                (5) NRC- or HUD-approved counseling entities and State
            Housing Finance Agencies receiving funds under this paragraph
            shall have demonstrated experience in successfully working with
            financial institutions as well as borrowers facing default,
            delinquency and foreclosure as well as documented counseling
            capacity, outreach capacity, past successful performance and
            positive outcomes with documented counseling plans (including
            post mortgage foreclosure mitigation counseling), loan workout
            agreements and loan modification agreements.
                (6) Of the total amount made available under this paragraph,
            up to $5,000,000 may be made available to build the mortgage
            foreclosure and default mitigation counseling capacity of
            counseling intermediaries through NRC training courses with HUD-
            or NRC-approved counseling intermediaries and their partners,
            except that private financial institutions that participate in
            NRC training shall pay market rates for such training.
                (7) Of the total amount made available under this paragraph,
            up to 4 percent may be used for associated administrative
            expenses for the NRC to carry out activities provided under this
            section.
                (8) Mortgage foreclosure mitigation assistance may include a
            budget for outreach and advertising, as determined by the NRC.

    [[Page 121 STAT. 2443]]

                (9) <<NOTE: Reports. Deadline.>> The NRC shall report bi-
            annually to the House and Senate Committees on Appropriations as
            well as the Senate Banking Committee and House Financial
            Services Committee on its efforts to mitigate mortgage default.
            Such reports shall identify successful strategies and methods
            for preserving homeownership and the long-term affordability of
            at-risk mortgages and shall include recommended efforts that
            will or likely can assist in the success of this program as well
            as an analysis of any policy and procedures that failed to
            result in successful mortgage foreclosure mitigation. The report
            shall include an analysis of the details and use of any post
            mitigation counseling of assisted borrowers designed to ensure
            the continued long-term affordability of the mortgages which
            were the subject of the mortgage foreclosure mitigation
            assistance.

                United States Interagency Council on Homelessness

                               Operating Expenses

        For necessary expenses (including payment of salaries, authorized
    travel, hire of passenger motor vehicles, the rental of conference
    rooms, and the employment of experts and consultants under section 3109
    of title 5, United States Code) of the United States Interagency Council
    on Homelessness in carrying out the functions pursuant to title II of
    the McKinney-Vento Homeless Assistance Act, as amended, $2,150,000.
        Title II of the McKinney-Vento Homeless Assistance Act, as amended,
    is amended in section 209 <<NOTE: 42 USC 11319.>> by striking ``2007''
    and inserting ``2008''.

                                    TITLE IV

                           GENERAL PROVISIONS THIS ACT

                         (including transfers of funds)

        Sec. 401. Such sums as may be necessary for fiscal year 2008 pay
    raises for programs funded in this Act shall be absorbed within the
    levels appropriated in this Act or previous appropriations Acts.
        Sec. 402. None of the funds in this Act shall be used for the
    planning or execution of any program to pay the expenses of, or
    otherwise compensate, non-Federal parties intervening in regulatory or
    adjudicatory proceedings funded in this Act.
        Sec. 403. None of the funds appropriated in this Act shall remain
    available for obligation beyond the current fiscal year, nor may any be
    transferred to other appropriations, unless expressly so provided
    herein.
        Sec. 404. <<NOTE: Contracts.>> The expenditure of any appropriation
    under this Act for any consulting service through procurement contract
    pursuant to section 3109 of title 5, United States Code, shall be
    limited to those contracts where such expenditures are a matter of
    public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive order
    issued pursuant to existing law.

        Sec. 405. Except as otherwise provided in this Act, none of the
    funds provided in this Act, provided by previous appropriations Acts to
    the agencies or entities funded in this Act that remain

    [[Page 121 STAT. 2444]]

    available for obligation or expenditure in fiscal year 2008, or provided
    from any accounts in the Treasury derived by the collection of fees and
    available to the agencies funded by this Act, shall be available for
    obligation or expenditure through a reprogramming of funds that: (1)
    creates a new program; (2) eliminates a program, project, or activity;
    (3) increases funds or personnel for any program, project, or activity
    for which funds have been denied or restricted by the Congress; (4)
    proposes to use funds directed for a specific activity by either the
    House or Senate Committees on Appropriations for a different purpose;
    (5) augments existing programs, projects, or activities in excess of
    $5,000,000 or 10 percent, whichever is less; (6) reduces existing
    programs, projects, or activities by $5,000,000 or 10 percent, whichever
    is less; or (7) creates, reorganizes, or restructures a branch,
    division, office, bureau, board, commission, agency, administration, or
    department different from the budget justifications submitted to the
    Committees on Appropriations or the table accompanying the explanatory
    statement accompanying this Act, whichever is more detailed, unless
    prior approval is received from the House and Senate Committees on
    Appropriations: Provided, <<NOTE: Deadline. Reports.>> That not later
    than 60 days after the date of enactment of this Act, each agency funded
    by this Act shall submit a report to the Committees on Appropriations of
    the Senate and of the House of Representatives to establish the baseline
    for application of reprogramming and transfer authorities for the
    current fiscal year: Provided further, That the report shall include:
    (1) a table for each appropriation with a separate column to display the
    President's budget request, adjustments made by Congress, adjustments
    due to enacted rescissions, if appropriate, and the fiscal year enacted
    level; (2) a delineation in the table for each appropriation both by
    object class and program, project, and activity as detailed in the
    budget appendix for the respective appropriation; and (3) an
    identification of items of special congressional interest: Provided
    further, That the amount appropriated or limited for salaries and
    expenses for an agency shall be reduced by $100,000 per day for each day
    after the required date that the report has not been submitted to the
    Congress.

        Sec. 406. Except as otherwise specifically provided by law, not to
    exceed 50 percent of unobligated balances remaining available at the end
    of fiscal year 2008 from appropriations made available for salaries and
    expenses for fiscal year 2008 in this Act, shall remain available
    through September 30, 2009, for each such account for the purposes
    authorized: Provided, That a request shall be submitted to the
    Committees on Appropriations for approval prior to the expenditure of
    such funds: Provided further, That these requests shall be made in
    compliance with reprogramming guidelines.
        Sec. 407. <<NOTE: Reports. Deadline.>> All Federal agencies and
    departments that are funded under this Act shall issue a report to the
    House and Senate Committees on Appropriations on all sole source
    contracts by no later than July 31, 2008. Such report shall include the
    contractor, the amount of the contract and the rationale for using a
    sole source contract.

        Sec. 408. (a) None of the funds made available in this Act may be
    obligated or expended for any employee training that--
                (1) does not meet identified needs for knowledge, skills,
            and abilities bearing directly upon the performance of official
            duties;

    [[Page 121 STAT. 2445]]

                (2) contains elements likely to induce high levels of
            emotional response or psychological stress in some participants;
                (3) does not require prior employee notification of the
            content and methods to be used in the training and written end
            of course evaluation;
                (4) contains any methods or content associated with
            religious or quasi-religious belief systems or ``new age''
            belief systems as defined in Equal Employment Opportunity
            Commission Notice N-915.022, dated September 2, 1988; or
                (5) is offensive to, or designed to change, participants'
            personal values or lifestyle outside the workplace.

        (b) Nothing in this section shall prohibit, restrict, or otherwise
    preclude an agency from conducting training bearing directly upon the
    performance of official duties.
        Sec. 409. None of the funds made available in this Act may be used
    to provide homeownership assistance for applicants described in
    274A(h)(3) of the Immigration and Nationality Act (8 U.S.C.
    1324a(h)(3)).
        Sec. 410. None of the funds in this Act may be used to employ
    workers described in section 274A(h)(3) of the Immigration and
    Nationality Act (8 U.S.C. 1324a(h)(3)).
        Sec. 411. <<NOTE: Eminent domain.>> No funds in this Act may be used
    to support any Federal, State, or local projects that seek to use the
    power of eminent domain, unless eminent domain is employed only for a
    public use: Provided, That for purposes of this section, public use
    shall not be construed to include economic development that primarily
    benefits private entities: Provided further, That any use of funds for
    mass transit, railroad, airport, seaport or highway projects as well as
    utility projects which benefit or serve the general public (including
    energy-related, communication-related, water-related and wastewater-
    related infrastructure), other structures designated for use by the
    general public or which have other common-carrier or public-utility
    functions that serve the general public and are subject to regulation
    and oversight by the government, and projects for the removal of an
    immediate threat to public health and safety or brownsfield as defined
    in the Small Business Liability Relief and Brownsfield Revitalization
    Act (Public Law 107-118) shall be considered a public use for purposes
    of eminent domain.

        Sec. 412. None of the funds made available in this Act may be
    transferred to any department, agency, or instrumentality of the United
    States Government, except pursuant to a transfer made by, or transfer
    authority provided in, this Act or any other appropriations Act.
        Sec. 413. No part of any appropriation contained in this Act shall
    be available to pay the salary for any person filling a position, other
    than a temporary position, formerly held by an employee who has left to
    enter the Armed Forces of the United States and has satisfactorily
    completed his period of active military or naval service, and has within
    90 days after his release from such service or from hospitalization
    continuing after discharge for a period of not more than 1 year, made
    application for restoration to his former position and has been
    certified by the Office of Personnel Management as still qualified to
    perform the duties of his former position and has not been restored
    thereto.
        Sec. 414. No funds appropriated pursuant to this Act may be expended
    by an entity unless the entity agrees that in expending

    [[Page 121 STAT. 2446]]

    the assistance the entity will comply with sections 2 through 4 of the
    Act of March 3, 1933 (41 U.S.C. 10a-10c, popularly known as the ``Buy
    American Act'').
        Sec. 415. No funds appropriated or otherwise made available under
    this Act shall be made available to any person or entity that has been
    convicted of violating the Buy American Act (41 U.S.C. 10a-10c).
        This division may be cited as the ``Transportation, Housing and
    Urban Development, and Related Agencies Appropriations Act, 2008''.

     DIVISION L--SUPPLEMENTAL <<NOTE: Emergency Supplemental Appropriations
    Act for Defense, 2008.>> APPROPRIATIONS, DEFENSE

                           TITLE I--MILITARY PERSONNEL

                               MILITARY PERSONNEL

                            Military Personnel, Army

        For an additional amount for ``Military Personnel, Army'',
    $782,500,000.

                            Military Personnel, Navy

        For an additional amount for ``Military Personnel, Navy'',
    $95,624,000.

                        Military Personnel, Marine Corps

        For an additional amount for ``Military Personnel, Marine Corps'',
    $56,050,000.

                          Military Personnel, Air Force

        For an additional amount for ``Military Personnel, Air Force'',
    $138,037,000.

                       TITLE II--OPERATION AND MAINTENANCE

                            OPERATION AND MAINTENANCE

                         Operation and Maintenance, Army

        For an additional amount for ``Operation and Maintenance, Army'',
    $35,152,370,000.

                         Operation and Maintenance, Navy

                         (including transfers of funds)

        For an additional amount for ``Operation and Maintenance, Navy'',
    $3,664,000,000: Provided, That up to $110,000,000 shall be transferred
    to the Coast Guard ``Operating Expenses'' account.

                     Operation and Maintenance, Marine Corps

        For an additional amount for ``Operation and Maintenance, Marine
    Corps'', $3,965,638,000.

    [[Page 121 STAT. 2447]]

                      Operation and Maintenance, Air Force

        For an additional amount for ``Operation and Maintenance, Air
    Force'', $4,778,000,000.

                     Operation and Maintenance, Defense-Wide

        For an additional amount for ``Operation and Maintenance, Defense-
    Wide'', $2,116,950,000, of which up to $300,000,000, to remain available
    until expended, may be used for payments to reimburse Pakistan, Jordan,
    and other key cooperating nations, for logistical, military, and other
    support provided, or to be provided, to United States military
    operations, notwithstanding any other provision of law:
    Provided, <<NOTE: Deadline. Notification.>> That such payments may be
    made in such amounts as the Secretary of Defense, with the concurrence
    of the Secretary of State, and in consultation with the Director of the
    Office of Management and Budget, may determine, in his discretion, based
    on documentation determined by the Secretary of Defense to adequately
    account for the support provided, and such determination is final and
    conclusive upon the accounting officers of the United States, and 15
    days following notification to the appropriate congressional committees:
    Provided further, <<NOTE: Reports.>> That the Secretary of Defense shall
    provide quarterly reports to the congressional defense committees on the
    use of funds provided in this paragraph.

                     Operation and Maintenance, Army Reserve

        For an additional amount for ``Operation and Maintenance, Army
    Reserve'', $77,736,000.

                     Operation and Maintenance, Navy Reserve

        For an additional amount for ``Operation and Maintenance, Navy
    Reserve'', $41,657,000.

                 Operation and Maintenance, Marine Corps Reserve

        For an additional amount for ``Operation and Maintenance, Marine
    Corps Reserve'', $46,153,000.

                  Operations and Maintenance, Air Force Reserve

        For an additional amount for ``Operation and Maintenance, Air Force
    Reserve'', $12,133,000.

                 Operation and Maintenance, Army National Guard

        For an additional amount for ``Operation and Maintenance, Army
    National Guard'', $327,000,000.

                  Operation and Maintenance, Air National Guard

        For an additional amount for ``Operation and Maintenance, Air
    National Guard'', $51,634,000.

    [[Page 121 STAT. 2448]]

                                Iraq Freedom Fund

                          (including transfer of funds)

        For an additional amount for ``Iraq Freedom Fund'', $3,747,327,000,
    to remain available for transfer until September 30, 2009, only to
    support operations in Iraq or Afghanistan: Provided, That the Secretary
    of Defense may transfer the funds provided herein to appropriations for
    military personnel; operation and maintenance; Overseas Humanitarian,
    Disaster, and Civic Aid; procurement; research, development, test and
    evaluation; and working capital funds: Provided further, That funds
    transferred shall be merged with and be available for the same purposes
    and for the same time period as the appropriation or fund to which
    transferred: Provided further, That this transfer authority is in
    addition to any other transfer authority available to the Department of
    Defense: Provided further, That upon a determination that all or part of
    the funds transferred from this appropriation are not necessary for the
    purposes provided herein, such amounts may be transferred back to this
    appropriation: Provided further, <<NOTE: Deadline. Notification.>> That
    the Secretary of Defense shall, not fewer than 5 days prior to making
    transfers from this appropriation, notify the congressional defense
    committees in writing of the details of any such transfer: Provided
    further, That <<NOTE: Reports. Deadline.>> the Secretary shall submit a
    report no later than 30 days after the end of each fiscal quarter to the
    congressional defense committees summarizing the details of the transfer
    of funds from this appropriation.

                        Afghanistan Security Forces Fund

                          (including transfer of funds)

        For the ``Afghanistan Security Forces Fund'', $1,350,000,000, to
    remain available until September 30, 2009: Provided, That such funds
    shall be available to the Secretary of Defense, notwithstanding any
    other provision of law, for the purpose of allowing the Commander,
    Office of Security Cooperation-Afghanistan, or the Secretary's designee,
    to provide assistance, with the concurrence of the Secretary of State,
    to the security forces of Afghanistan, including the provision of
    equipment, supplies, services, training, facility and infrastructure
    repair, renovation, and construction, and funding: Provided further,
    That the authority to provide assistance under this heading is in
    addition to any other authority to provide assistance to foreign
    nations: Provided further, That the Secretary of Defense may transfer
    such funds to appropriations for military personnel; operation and
    maintenance; Overseas Humanitarian, Disaster, and Civic Aid;
    procurement; research, development, test and evaluation; and defense
    working capital funds to accomplish the purposes provided herein:
    Provided further, That this transfer authority is in addition to any
    other transfer authority available to the Department of Defense:
    Provided further, That upon a determination that all or part of the
    funds so transferred from this appropriation are not necessary for the
    purposes provided herein, such amounts may be transferred back to this
    appropriation: Provided further, That contributions of funds for the
    purposes provided herein from any person, foreign government, or
    international organization may be credited to this Fund, and used for
    such purposes: Provided further, <<NOTE: Notification.>> That the
    Secretary shall notify the

    [[Page 121 STAT. 2449]]

    congressional defense committees in writing upon the receipt and upon
    the transfer of any contribution delineating the sources and amounts of
    the funds received and the specific use of such contributions: Provided
    further, <<NOTE: Deadline. Notification.>> That the Secretary of Defense
    shall, not fewer than 5 days prior to making transfers from this
    appropriation account, notify the congressional defense committees in
    writing of the details of any such transfer:
    Provided <<NOTE: Reports. Deadline.>> further, That the Secretary shall
    submit a report no later than 30 days after the end of each fiscal
    quarter to the congressional defense committees summarizing the details
    of the transfer of funds from this appropriation.

                            Iraq Security Forces Fund

                          (including transfer of funds)

        For the ``Iraq Security Forces Fund'', $1,500,000,000, to remain
    available until September 30, 2009: Provided, That such funds shall be
    available to the Secretary of Defense, notwithstanding any other
    provision of law, for the purpose of allowing the Commander, Multi-
    National Security Transition Command-Iraq, or the Secretary's designee,
    to provide assistance, with the concurrence of the Secretary of State,
    to the security forces of Iraq, including the provision of equipment,
    supplies, services, training, facility and infrastructure repair,
    renovation, and construction, and funding: Provided further, That the
    authority to provide assistance under this heading is in addition to any
    other authority to provide assistance to foreign nations: Provided
    further, That the Secretary of Defense may transfer such funds to
    appropriations for military personnel; operation and maintenance;
    Overseas Humanitarian, Disaster, and Civic Aid; procurement; research,
    development, test and evaluation; and defense working capital funds to
    accomplish the purposes provided herein: Provided further, That this
    transfer authority is in addition to any other transfer authority
    available to the Department of Defense: Provided further, That upon a
    determination that all or part of the funds so transferred from this
    appropriation are not necessary for the purposes provided herein, such
    amounts may be transferred back to this appropriation: Provided further,
    That contributions of funds for the purposes provided herein from any
    person, foreign government, or international organization may be
    credited to this Fund, and used for such purposes: Provided
    further, <<NOTE: Notification.>> That the Secretary shall notify the
    congressional defense committees in writing upon the receipt and upon
    the transfer of any contribution delineating the sources and amounts of
    the funds received and the specific use of such contributions: Provided
    further, That <<NOTE: Deadline. Notification.>> the Secretary of Defense
    shall, not fewer than 5 days prior to making transfers from this
    appropriation account, notify the congressional defense committees in
    writing of the details of any such transfer: Provided
    further, <<NOTE: Reports. Deadline.>> That the Secretary shall submit a
    report no later than 30 days after the end of each fiscal quarter to the
    congressional defense committees summarizing the details of the transfer
    of funds from this appropriation.

    [[Page 121 STAT. 2450]]

                  Joint Improvised Explosive Device Defeat Fund

                          (including transfer of funds)

        For the ``Joint Improvised Explosive Device Defeat Fund'',
    $4,269,000,000, to remain available until September 30, 2010: Provided,
    That such funds shall be available to the Secretary of Defense,
    notwithstanding any other provision of law, for the purpose of allowing
    the Director of the Joint Improvised Explosive Device Defeat
    Organization to investigate, develop and provide equipment, supplies,
    services, training, facilities, personnel and funds to assist United
    States forces in the defeat of improvised explosive devices: Provided
    further, <<NOTE: Deadline. Plan.>> That within 60 days of the enactment
    of this Act, a plan for the intended management and use of the Fund is
    provided to the congressional defense committees: Provided
    further, <<NOTE: Reports. Deadline.>> That the Secretary of Defense
    shall submit a report not later than 30 days after the end of each
    fiscal quarter to the congressional defense committees providing
    assessments of the evolving threats, individual service requirements to
    counter the threats, the current strategy for predeployment training of
    members of the Armed Forces on improvised explosive devices, and details
    on the execution of this Fund: Provided further, That the Secretary of
    Defense may transfer funds provided herein to appropriations for
    military personnel; operation and maintenance; procurement; research,
    development, test and evaluation; and defense working capital funds to
    accomplish the purpose provided herein: Provided further, That this
    transfer authority is in addition to any other transfer authority
    available to the Department of Defense: Provided further, That upon
    determination that all or part of the funds so transferred from this
    appropriation are not necessary for the purpose provided herein, such
    amounts may be transferred back to this appropriation: Provided
    further, <<NOTE: Deadline. Notification.>> That the Secretary of Defense
    shall, not fewer than 5 days prior to making transfers from this
    appropriation, notify the congressional defense committees in writing of
    the details of any such transfer.

                             TITLE III--PROCUREMENT

                                   PROCUREMENT

                           Aircraft Procurement, Army

        For an additional amount for ``Aircraft Procurement, Army'',
    $943,600,000, to remain available for obligation until September 30,
    2010.

            Procurement of Weapons and Tracked Combat Vehicles, Army

        For an additional amount for ``Procurement of Weapons and Tracked
    Combat Vehicles, Army'', $1,429,445,000, to remain available for
    obligation until September 30, 2010.

                         Procurement of Ammunition, Army

        For an additional amount for ``Procurement of Ammunition, Army'',
    $154,000,000, to remain available for obligation until September 30,
    2010.

    [[Page 121 STAT. 2451]]

                             Other Procurement, Army

        For an additional amount for ``Other Procurement, Army'',
    $2,027,800,000, to remain available for obligation until September 30,
    2010.

                           Aircraft Procurement, Navy

        For an additional amount for ``Aircraft Procurement, Navy'',
    $48,500,000, to remain available for obligation until September 30,
    2010.

                Procurement of Ammunition, Navy and Marine Corps

        For an additional amount for ``Procurement of Ammunition, Navy and
    Marine Corps'', $304,945,000, to remain available for obligation until
    September 30, 2010.

                             Other Procurement, Navy

        For an additional amount for ``Other Procurement, Navy'',
    $91,481,000, to remain available for obligation until September 30,
    2010.

                            Procurement, Marine Corps

        For an additional amount for ``Procurement, Marine Corps'',
    $703,250,000, to remain available for obligation until September 30,
    2010.

                         Aircraft Procurement, Air Force

        For an additional amount for ``Aircraft Procurement, Air Force'',
    $51,400,000, to remain available for obligation until September 30,
    2010.

                          Other Procurement, Air Force

        For an additional amount for ``Other Procurement, Air Force'',
    $30,725,000, to remain available for obligation until September 30,
    2010.

                            Procurement, Defense-Wide

        For an additional amount for ``Procurement, Defense-Wide'',
    $274,743,000, to remain available for obligation until September 30,
    2010.

                    TITLE IV--REVOLVING AND MANAGEMENT FUNDS

                         REVOLVING AND MANAGEMENT FUNDS

                          Defense Working Capital Funds

        For an additional amount of ``Defense Working Capital Funds'',
    $1,000,000,000, to remain available for obligation until September 30,
    2010.

    [[Page 121 STAT. 2452]]

                  TITLE V--OTHER DEPARTMENT OF DEFENSE PROGRAMS

                      OTHER DEPARTMENT OF DEFENSE PROGRAMS

                             Defense Health Program

        For an additional amount for ``Defense Health Program'',
    $575,701,000 for Operation and maintenance.

             Drug Interdiction and Counter-Drug Activities, Defense

        For an additional amount for ``Drug Interdiction and Counter-Drug
    Activities, Defense'', $192,601,000.

                          TITLE VI--GENERAL PROVISIONS

                               GENERAL PROVISIONS

        Sec. 601. Appropriations provided in this division are available for
    obligation until September 30, 2008, unless otherwise so provided in
    this division.
        Sec. 602. Notwithstanding any other provision of law or of this
    division, funds made available in this division are in addition to
    amounts appropriated or otherwise made available for the Department of
    Defense for fiscal year 2008.

                               (TRANSFER OF FUNDS)

        Sec. 603. Upon the determination of the Secretary of Defense that
    such action is necessary in the national interest, the Secretary may
    transfer between appropriations up to $4,000,000,000 of the funds made
    available to the Department of Defense in this division:
    Provided, <<NOTE: Notification.>> That the Secretary shall notify the
    Congress promptly of each transfer made pursuant to the authority in
    this section: Provided further, That the authority provided in this
    section is in addition to any other transfer authority available to the
    Department of Defense.

        Sec. 604. Funds appropriated in this division, or made available by
    the transfer of funds in or pursuant to this division, 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).
        Sec. 605. None of the funds provided in this division may be used to
    finance programs or activities denied by Congress in fiscal years 2007
    or 2008 appropriations to the Department of Defense or to initiate a
    procurement or research, development, test and evaluation new start
    program without prior written notification to the congressional defense
    committees.
        Sec. 606. (a) Availability of Funds for CERP.--From funds made
    available in this division to the Department of Defense, not to exceed
    $500,000,000 may be used, notwithstanding any other provision of law, to
    fund the Commander's Emergency Response Program, for the purpose of
    enabling military commanders in Iraq to respond to urgent humanitarian
    relief and reconstruction requirements within their areas of
    responsibility by carrying out programs that will immediately assist the
    Iraqi people, and to fund a similar program to assist the people of
    Afghanistan.

    [[Page 121 STAT. 2453]]

        (b) Quarterly Reports.--Not later than 15 days after the end of each
    fiscal year quarter (beginning with the first quarter of fiscal year
    2008), the Secretary of Defense shall submit to the congressional
    defense committees a report regarding the source of funds and the
    allocation and use of funds during that quarter that were made available
    pursuant to the authority provided in this section or under any other
    provision of law for the purposes of the programs under subsection (a).
        Sec. 607. During the current fiscal year, funds available to the
    Department of Defense for operation and maintenance may be used,
    notwithstanding any other provision of law, to provide supplies,
    services, transportation, including airlift and sealift, and other
    logistical support to coalition forces supporting military and stability
    operations in Iraq and Afghanistan:
    Provided, <<NOTE: Reports. Deadline.>> That the Secretary of Defense
    shall provide quarterly reports to the congressional defense committees
    regarding support provided under this section.

        Sec. 608. During fiscal year 2008, supervision and administration
    costs associated with projects carried out with funds appropriated to
    ``Afghanistan Security Forces Fund'' or ``Iraq Security Forces Fund'' in
    this division may be obligated at the time a construction contract is
    awarded: Provided, That for the purpose of this section, supervision and
    administration costs include all in-house Government costs.
        Sec. 609. (a) Reports on Progress Toward Stability in Iraq.--Not
    later than 60 days after the date of the enactment of this Act and every
    90 days thereafter through the end of fiscal year 2008, the Secretary of
    Defense shall set forth in a report to Congress a comprehensive set of
    performance indicators and measures for progress toward military and
    political stability in Iraq.
        (b) Scope of Reports.--Each report shall include performance
    standards and goals for security, economic, and security force training
    objectives in Iraq together with a notional timetable for achieving
    these goals.
        (c) Specific Elements.--In specific, each report shall require, at a
    minimum, the following:
                (1) With respect to stability and security in Iraq, the
            following:
                        (A) Key measures of political stability, including
                    the important political milestones that must be achieved
                    over the next several years.
                        (B) The primary indicators of a stable security
                    environment in Iraq, such as number of engagements per
                    day, numbers of trained Iraqi forces, and trends
                    relating to numbers and types of ethnic and religious-
                    based hostile encounters.
                        (C) An assessment of the estimated strength of the
                    insurgency in Iraq and the extent to which it is
                    composed of non-Iraqi fighters.
                        (D) A description of all militias operating in Iraq,
                    including the number, size, equipment strength, military
                    effectiveness, sources of support, legal status, and
                    efforts to disarm or reintegrate each militia.
                        (E) Key indicators of economic activity that should
                    be considered the most important for determining the
                    prospects of stability in Iraq, including--

    [[Page 121 STAT. 2454]]

                              (i) unemployment levels;
                              (ii) electricity, water, and oil production
                          rates; and
                              (iii) hunger and poverty levels.
                        (F) The criteria the Administration will use to
                    determine when it is safe to begin withdrawing United
                    States forces from Iraq.
                (2) With respect to the training and performance of security
            forces in Iraq, the following:
                        (A) The training provided Iraqi military and other
                    Ministry of Defense forces and the equipment used by
                    such forces.
                        (B) Key criteria for assessing the capabilities and
                    readiness of the Iraqi military and other Ministry of
                    Defense forces, goals for achieving certain capability
                    and readiness levels (as well as for recruiting,
                    training, and equipping these forces), and the
                    milestones and notional timetable for achieving these
                    goals.
                        (C) The operational readiness status of the Iraqi
                    military forces, including the type, number, size, and
                    organizational structure of Iraqi battalions that are--
                              (i) capable of conducting counterinsurgency
                          operations independently;
                              (ii) capable of conducting counterinsurgency
                          operations with the support of United States or
                          coalition forces; or
                              (iii) not ready to conduct counterinsurgency
                          operations.
                        (D) The rates of absenteeism in the Iraqi military
                    forces and the extent to which insurgents have
                    infiltrated such forces.
                        (E) The training provided Iraqi police and other
                    Ministry of Interior forces and the equipment used by
                    such forces.
                        (F) Key criteria for assessing the capabilities and
                    readiness of the Iraqi police and other Ministry of
                    Interior forces, goals for achieving certain capability
                    and readiness levels (as well as for recruiting,
                    training, and equipping), and the milestones and
                    notional timetable for achieving these goals,
                    including--
                              (i) the number of police recruits that have
                          received classroom training and the duration of
                          such instruction;
                              (ii) the number of veteran police officers who
                          have received classroom instruction and the
                          duration of such instruction;
                              (iii) the number of police candidates screened
                          by the Iraqi Police Screening Service, the number
                          of candidates derived from other entry procedures,
                          and the success rates of those groups of
                          candidates;
                              (iv) the number of Iraqi police forces who
                          have received field training by international
                          police trainers and the duration of such
                          instruction; and
                              (v) attrition rates and measures of
                          absenteeism and infiltration by insurgents.
                        (G) The estimated total number of Iraqi battalions
                    needed for the Iraqi security forces to perform duties
                    now being undertaken by coalition forces, including
                    defending

    [[Page 121 STAT. 2455]]

                    the borders of Iraq and providing adequate levels of law
                    and order throughout Iraq.
                        (H) The effectiveness of the Iraqi military and
                    police officer cadres and the chain of command.
                        (I) The number of United States and coalition
                    advisors needed to support the Iraqi security forces and
                    associated ministries.
                        (J) An assessment, in a classified annex if
                    necessary, of United States military requirements,
                    including planned force rotations, through the end of
                    calendar year 2008.

        Sec. 610. Each amount appropriated or otherwise made available in
    this division is designated as an emergency requirement and necessary to
    meet emergency needs pursuant to subsections (a) and (b) of section 204
    of S. Con. Res. 21 (110th Congress), the concurrent resolution on the
    budget for fiscal year 2008.
        Sec. 611. None of the funds appropriated or otherwise made available
    by this division may be obligated or expended to provide award fees to
    any defense contractor for performance that does not meet the
    requirements of the contract.
        Sec. 612. No funds appropriated or otherwise made available by this
    division may be used by the Government of the United States to enter
    into an agreement with the Government of Iraq that would subject members
    of the Armed Forces of the United States to the jurisdiction of Iraq
    criminal courts or punishment under Iraq law.
        Sec. 613. Notwithstanding any other provision of law, the Secretary
    of the Army may reimburse a member for expenses incurred by the member
    or family member when such expenses are otherwise not reimbursable under
    law: Provided, That such expenses must have been incurred in good faith
    as a direct consequence of reasonable preparation for, or execution of,
    military orders: Provided further, That reimbursement under this section
    shall be allowed only in situations wherein other authorities are
    insufficient to remedy a hardship determined by the Secretary, and only
    when the Secretary determines that reimbursement of the expense is in
    the best interest of the member and the United States.

    [[Page 121 STAT. 2456]]

        Sec. 614. In this division, the term ``congressional defense
    committees'' means--
                (1) the Committees on Armed Services and Appropriations of
            the Senate; and
                (2) the Committees on Armed Services and Appropriations of
            the House of Representatives.

        Sec. 615. This division may be cited as the ``Emergency Supplemental
    Appropriations Act for Defense, 2008''.

        Approved December 26, 2007.

    LEGISLATIVE HISTORY--H.R. 2764:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 110-197 (Comm. on Appropriations).
    SENATE REPORTS: No. 110-128 (Comm. on Appropriations).
    CONGRESSIONAL RECORD, Vol. 153 (2007):
                June 20, 21, considered and passed House.
                Sept. 6, considered and passed Senate, amended.
                Dec. 17, House concurred in Senate amendment with
                    amendments.
                Dec. 18, Senate concurred in certain House amendments, in
                 another with an amendment.
                Dec. 19, House concurred in Senate amendment pursuant to
                 H. Res. 893.
    WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 43 (2007):
                Dec. 26, Presidential statement.

                                      <all>