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

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