1424 
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 as-
sistance. 
UNITED STATES INTERAGENCY COUNCIL ON 
HOMELESSNESS 
OPERATING EXPENSES 
For necessary expenses (including payment of salaries, 
authorized travel, hire of passenger motor vehicles, the rent-
al 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 Home-
lessness in carrying out the functions pursuant to title II 
of the McKinney-Vento Homeless Assistance Act, as amend-
ed, $2,150,000. 
Title II of the McKinney-Vento Homeless Assistance 
Act, as amended, is amended in section 209 by striking 
‘‘2007’’ and inserting ‘‘2008’’.
1425 
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 fund-
ed in this Act. 
SEC. 403. None of the funds appropriated in this Act 
shall remain available for obligation beyond the current fis-
cal year, nor may any be transferred to other appropria-
tions, unless expressly so provided herein. 
SEC. 404. The expenditure of any appropriation under 
this Act for any consulting service through procurement 
contract pursuant to section 3109 of title 5, United States 
Code, shall be limited to those contracts where such expendi-
tures 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.
1426 
SEC. 405. Except as otherwise provided in this Act, 
none of the funds provided in this Act, provided by previous 
appropriations Acts to the agencies or entities funded in 
this Act that remain available for obligation or expenditure 
in fiscal year 2008, or provided from any accounts in the 
Treasury derived by the collection of fees and available to 
the agencies funded by this Act, shall be available for obliga-
tion 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 de-
nied 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, com-
mission, agency, administration, or department different 
from the budget justifications submitted to the Committees 
on Appropriations or the table accompanying the explana-
tory statement accompanying this Act, whichever is more 
detailed, unless prior approval is received from the House 
and Senate Committees on Appropriations: Provided, That
1427 
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 sep-
arate column to display the President’s budget request, ad-
justments made by Congress, adjustments due to enacted re-
scissions, 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 de-
tailed in the budget appendix for the respective appropria-
tion; and (3) an identification of items of special congres-
sional interest: Provided further, That the amount appro-
priated 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 re-
maining available at the end of fiscal year 2008 from ap-
propriations 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
1428 
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 re-
quests shall be made in compliance with reprogramming 
guidelines. 
SEC. 407. All Federal agencies and departments that 
are funded under this Act shall issue a report to the House 
and Senate Committees on Appropriations on all sole 
source contracts by no later than July 31, 2008. Such report 
shall include the contractor, the amount of the contract and 
the rationale for using a sole source contract. 
SEC. 408. (a) None of the funds made available in this 
Act may be obligated or expended for any employee training 
that— 
(1) does not meet identified needs for knowledge, 
skills, and abilities bearing directly upon the perform-
ance of official duties; 
(2) contains elements likely to induce high levels 
of emotional response or psychological stress in some 
participants; 
(3) does not require prior employee notification 
of the content and methods to be used in the training 
and written end of course evaluation; 
(4) contains any methods or content associated 
with religious or quasi-religious belief systems or
1429 
‘‘new age’’ belief systems as defined in Equal Employ-
ment Opportunity Commission Notice N–915.022, 
dated September 2, 1988; or 
(5) is offensive to, or designed to change, partici-
pants’ personal values or lifestyle outside the work-
place. 
(b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training 
bearing directly upon the performance of official duties. 
SEC. 409. None of the funds made available in this 
Act may be used to provide homeownership assistance for 
applicants described in 274A(h)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(3)). 
SEC. 410. None of the funds in this Act may be used 
to employ workers described in section 274A(h)(3) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)). 
SEC. 411. No funds in this Act may be used to support 
any Federal, State, or local projects that seek to use the 
power of eminent domain, unless eminent domain is em-
ployed 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 enti-
ties: Provided further, That any use of funds for mass tran-
sit, railroad, airport, seaport or highway projects as well 
as utility projects which benefit or serve the general public
1430 
(including energy-related, communication-related, water-re-
lated and wastewater-related infrastructure), other struc-
tures 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 over-
sight 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 in-
strumentality of the United States Government, except pur-
suant 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 hos-
pitalization 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 Per-
1431 
sonnel Management as still qualified to perform the duties 
of his former position and has not been restored thereto. 
SEC. 414. No funds appropriated pursuant to this Act 
may be expended by an entity unless the entity agrees that 
in expending the assistance the entity will comply with sec-
tions 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 per-
son 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’’. 
Ω2æPage 227 of the Senate engrossed amendment, strike 
lines 3 through 5, and insert the following: 
DIVISION L—EMERGENCY SUPPLEMENTAL AP-
PROPRIATIONS FOR OPERATION ENDURING 
FREEDOM AND FOR OTHER PURPOSES 
TITLE I 
SEC. 101. It is the sense of the Congress that the per-
formance of United States military personnel should be 
commended, their courage and sacrifice have been excep-
tional, and when they come home, their service should be 
recognized appropriately.
1432 
SEC. 102. None of the funds made available in this 
Act may be used in contravention of the following laws en-
acted or regulations promulgated to implement the United 
Nations Convention Against Torture and Other Cruel, In-
human or Degrading Treatment or Punishment (done at 
New York on December 10, 1984)— 
(1) section 2340A of title 18, United States Code; 
(2) section 2242 of the Foreign Affairs Reform 
and Restructuring Act of 1998 (division G of Public 
Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 
note) and regulations prescribed thereto, including 
regulations under part 208 of title 8, Code of Federal 
Regulations, and part 95 of title 22, Code of Federal 
Regulations; and 
(3) sections 1002 and 1003 of the Department of 
Defense, Emergency Supplemental Appropriations to 
Address Hurricanes in the Gulf of Mexico, and Pan-
demic Influenza Act, 2006 (Public Law 109–148). 
SEC. 103. Not later than February 15, 2008, the Presi-
dent shall submit to the Congress in classified and unclassi-
fied form a comprehensive regional stability plan for the 
Middle East, which shall include a military, diplomatic, 
political and economic strategy that provides for the na-
tional security interests of the United States in the region 
and for the engagement of targeted counterterrorism oper-
1433 
ations. The plan shall include a detailed description of the 
projected United States military force presence in and 
around the Middle East region for the 5-year period begin-
ning on October 1, 2008. 
SEC. 104. None of the funds provided in this Act shall 
be available to fund Operation Iraqi Freedom. The prohibi-
tion in this section shall not apply to the purchase or field-
ing of body armor and other force protection items to pro-
tect United States military and civilian personnel in the 
areas of operation. 
TITLE II 
DEPARTMENT OF DEFENSE—MILITARY 
MILITARY PERSONNEL 
MILITARY PERSONNEL, ARMY 
For an additional amount for ‘‘Military Personnel, 
Army’’, $311,471,000. 
MILITARY PERSONNEL, MARINE CORPS 
For an additional amount for ‘‘Military Personnel, 
Marine Corps’’, $19,058,000. 
OPERATION AND MAINTENANCE 
OPERATION AND MAINTENANCE, ARMY 
For an additional amount for ‘‘Operation and Mainte-
nance, Army’’, $17,797,966,000: Provided, That funds made 
available under this heading shall be used only in support 
of Operation Enduring Freedom.
1434 
OPERATION AND MAINTENANCE, NAVY 
For an additional amount for ‘‘Operation and Mainte-
nance, Navy’’, $350,000,000. 
OPERATION AND MAINTENANCE, MARINE CORPS 
For an additional amount for ‘‘Operation and Mainte-
nance, Marine Corps’’, $2,010,671,000: Provided, That 
funds made available under this heading shall be used only 
in support of Operation Enduring Freedom. 
OPERATION AND MAINTENANCE, AIR FORCE 
For an additional amount for ‘‘Operation and Mainte-
nance, Air Force’’, $800,000,000. 
OPERATION AND MAINTENANCE, DEFENSE-WIDE 
For an additional amount for ‘‘Operation and Mainte-
nance, Defense-Wide’’, $483,000,000, of which not to exceed 
$333,000,000, to remain available until expended, may be 
used for payments to reimburse key cooperating nations, 
for logistical, military, and other support provided to 
United States military operations, notwithstanding any 
other provision of law: Provided, That such payments may 
be made in such amounts as the Secretary of Defense, with 
the concurrence of the Secretary of State and in consulta-
tion with the Director of the Office of Management and 
Budget, may determine, in his discretion, based on docu-
mentation determined by the Secretary of Defense to ade-
quately account for the support provided, and such deter-
1435 
mination is final and conclusive upon the accounting offi-
cers of the United States, and 15 days following notification 
to the appropriate congressional committees: Provided fur-
ther, That the Secretary of Defense shall provide quarterly 
reports to the congressional defense committees on the use 
of funds provided in this paragraph. 
AFGHANISTAN FREEDOM FUND 
(INCLUDING TRANSFER OF FUNDS) 
For ‘‘Afghanistan Freedom Fund’’, $2,529,963,000, to 
remain available for transfer only to support operations in 
Afghanistan and related activities in support of the Global 
War on Terror: Provided, That none of the funds provided 
herein shall be used for activities in Iraq: Provided further, 
That the Secretary of Defense and the Director of National 
Intelligence shall, no fewer than 30 days prior to making 
transfers under this authority, notify the Committees on 
Appropriations of the House of Representatives and the 
Senate in writing of the details of any such transfer made 
for intelligence activities: Provided further, That funds 
transferred shall be merged with and be available for the 
same purposes and for the same time period as the appro-
priation 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.
1436 
JOINT IMPROVISED EXPLOSIVE DEVICE DEFEAT FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Joint Improvised Ex-
plosive Device Defeat Fund’’, $4,269,000,000: Provided, 
That such funds shall be available to the Secretary of De-
fense, notwithstanding any other provision of law, for the 
purpose of allowing the Director of the Joint Improvised 
Explosive Device Defeat Organization to investigate, de-
velop and provide equipment, supplies, services, training, 
facilities, personnel and funds to assist United States forces 
in the defeat of improvised explosive devices: Provided fur-
ther, That within 60 days of enactment of this Act, a plan 
for the intended management and use of the Fund is pro-
vided to the congressional defense committees: Provided fur-
ther, That the Secretary of Defense shall submit a report 
not later than 60 days after the end of each fiscal quarter 
to the congressional defense committees providing assess-
ments of the evolving threats, individual service require-
ments to counter the threats, the current strategy for pre- 
deployment training of members of the Armed Forces on 
explosive devices, and details on the execution of this Fund: 
Provided further, That the Secretary of Defense may trans-
fer funds provided herein to appropriations for operation 
and maintenance; procurement; research, development, test 
and evaluation; and defense working capital funds to ac-
1437 
complish the purpose provided herein: Provided further, 
That this transfer authority is in addition to any other 
transfer authority available to the Department of Defense: 
Provided further, That upon determination that all or part 
of the funds so transferred from this appropriation are not 
necessary for the purpose provided herein, such amounts 
may be transferred back to this appropriation: Provided 
further, That the Secretary of Defense shall, not fewer than 
5 days prior to making transfers from this appropriation, 
notify the congressional defense committees in writing of 
the details of any such transfer. 
PROCUREMENT 
PROCUREMENT OF WEAPONS AND TRACKED COMBAT 
VEHICLES, ARMY 
For an additional amount for ‘‘Procurement of Weap-
ons and Tracked Combat Vehicles, Army’’, $1,176,000,000. 
OTHER PROCUREMENT, ARMY 
For an additional amount for ‘‘Other Procurement, 
Army’’, $524,800,000. 
PROCUREMENT, MARINE CORPS 
For an additional amount for ‘‘Procurement, Marine 
Corps’’, $644,150,000.
1438 
OTHER DEPARTMENT OF DEFENSE PROGRAMS 
DEFENSE HEALTH PROGRAM 
For an additional amount for ‘‘Defense Health Pro-
gram’’, $114,600,000, for operation and maintenance, for 
care for wounded and injured military personnel and for 
enhanced soldier and family support including psycho-
logical health. 
GENERAL PROVISIONS 
SEC. 201. Appropriations provided in this Act are 
available for obligation until September 30, 2008, unless 
otherwise provided in this Act. 
(TRANSFER OF FUNDS) 
SEC. 202. (a) Upon a determination by the Secretary 
of Defense that such action is necessary in the national in-
terest, the Secretary may transfer between appropriations 
up to $4,000,000,000 of the funds made available to the De-
partment of Defense in this Act. 
(b) The Secretary shall notify the Congress promptly 
of each transfer made pursuant to the authority in this sec-
tion. 
(c) The authority provided in this section is in addi-
tion to any other transfer authority available to the Depart-
ment of Defense and is subject to the same terms and condi-
tions as the authority provided in section 8005 of the De-
1439 
partment of Defense Appropriations Act, 2008, except for 
the fourth proviso. 
SEC. 203. Funds appropriated in this Act, or made 
available by the transfer of funds in or pursuant to this 
Act, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504(a)(1) 
of the National Security Act of 1947 (50 U.S.C. 414(a)(1)). 
SEC. 204. None of the funds provided in this Act may 
be used to finance programs or activities denied by the Con-
gress in fiscal years 2007 or 2008 appropriations to the 
Department of Defense or to initiate a procurement or re-
search, development, test and evaluation new start program 
unless such program or project must be undertaken imme-
diately in the interest of national security and only after 
written prior notification to the congressional defense com-
mittees. 
SEC. 205. (a) From funds made available for operation 
and maintenance in this Act to the Department of Defense, 
not to exceed $500,000,000 may be used, notwithstanding 
any other provision of law, to fund the Commander’s Emer-
gency Response Program, for the purpose of enabling mili-
tary commanders in Afghanistan to respond to urgent hu-
manitarian relief and reconstruction requirements within 
their areas of responsibility by carrying out programs that 
will immediately assist the Afghan people.
1440 
(b) Not later than 15 days after the end of each fiscal 
year quarter, the Secretary of Defense shall submit to the 
congressional defense committees a report regarding the 
source of funds and the allocation and use of funds during 
that quarter that were made available pursuant to the au-
thority provided in this section or under any other provi-
sion of law for the purposes of the programs under sub-
section (a). 
SEC. 206. (a) During fiscal year 2008, funds available 
in this Act to the Department of Defense for operation and 
maintenance may be used, notwithstanding any other pro-
vision of law, to provide supplies, services, transportation, 
including airlift and sealift, and other logistical support 
to Coalition forces supporting military and stability oper-
ations in Afghanistan. 
(b) The Secretary of Defense shall provide quarterly 
reports to the congressional defense committees regarding 
support provided under this section. 
SEC. 207. Of the funds appropriated within Public 
Law 110–116, not less than $6,900,000,000 of the funds ap-
propriated under the heading ‘‘Operation and Mainte-
nance, Army’’ and not less than $500,000,000 under the 
heading ‘‘Operation and Maintenance, Marine Corps’’ shall 
be available only to support child care center operations, 
family and youth activities, custodial services, training